CITY OF HOMER

HOMER, ALASKA

            City Manager/Economic

Development Advisory Commission

RESOLUTION 08-89

 

A RESOLUTION OF THE CITY COUNCIL AMENDING THE BYLAWS OF THE CITY OF HOMER ECONOMIC DEVELOPMENT ADVISORY COMMISSION. 

            WHEREAS, The bylaws of the Economic Development Commission (EDC) have not been amended in several years; and

            WHEREAS, EDC members have become aware of constraints that could be overcome by updating the bylaws; and

            WHEREAS, The EDC reviewed draft changes to their bylaws at the meeting of July 8, 2008 and voted at the meeting of August 12, 2008 to recommend the City Council adopt the changes;

            NOW, THEREFORE, BE IT RESOLVED that the City Council of Homer, Alaska, hereby amends the Homer Economic Development Commission Bylaws as follows:

ECONOMIC DEVELOPMENT ADVISORY COMMISSION

BYLAWS

Section 1. History/Membership/Record Keeping

 The Homer Economic Development Advisory Commission (EDC) was established for a period of one year via Reso 92-57(a), effective 06/01/92. On 07/26/93 a one year extension was granted via Reso 93-44. The City of Homer Economic Development Advisory Commission was established in 1993 with those powers and duties as set forth in Title 1, Chapter 78, of the Homer City Code (Ordinance 93-15(S)(A). effective 10/25/93. The Commission was inactivated January 24, 2000 at EDC request on January 11, 2000. Council reactivated the Commission on February 27, 2006 via Resolution 06-20. The Commission is established to act in an advisory capacity to the City Manager and the City Council in areas of economic development within the City.

The Homer Economic Development Advisory Commission consists of seven voting members; no more than two (2) members may be residents from outside the city limits. Members shall be nominated by the Mayor and confirmed by the City Council to serve 3-year staggered terms.  Reactivated terms expire April 1st of term year, Memorandum 06-52. In addition to the seven members who make up the voting body, one Homer area high school student and one City Council member may also be appointed as non-voting members.  The Mayor, City Manager, and/or City Planner may serve as non-voting ex-officio members of the Commission.

There will be regular monthly meetings of the Commission and p Permanent records or minutes shall be kept of the proceedings of the regular monthly meetings. Meetings are held on the second Tuesday of each month. 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.

Section 2. Pursuant to Homer City Code 1.78.040 t The duties and responsibilities of the Commission are:

A. To Act in an advisory capacity to the City Manager and the City Council on the overall economic development planning for the City of Homer. The Overall Economic Development Plan was adopted by the City Council on April 26, 1993 (via Reso 93-38 with updates via Reso 93-73).

B. Provide ongoing review and evaluation of the City of Homer Comprehensive Economic Development Strategy (formerly known as the Overall Economic Development Plan) and formulate recommendations for revision. Revisions, amendments and extensions of the Comprehensive Economic Development Strategy (CEDS) may be adopted by the City Council after consideration and report by the Commission.

C. Provide continued review and evaluation of the CEDS.

D. Supervise and monitor the implementation of the CEDS.

E C. Collect and analyze data relevant to economic development to evaluate existing City of Homer community resources.

F D. Formulate and develop the overall long range economic development goals of the residents of the City of Homer through public hearing process.

G E. Identify specific alternatives or projects to accomplish the City's objectives and recommend priorities.

H. Recommend priorities for the projects or alternatives.

F. Review recommendations of the Homer Advisory Planning Commission to encourage a business-friendly environment in Homer.

I. G. Promote public interest in overall economic development.

J H. Make inquiries regarding matters related to economic development.

K I. Commission may take part in activities Collaborate with other City of Homer advisory bodies, the Homer Chamber of Commerce, Kenai Peninsula Borough Economic Development District, and Kenai Peninsula Borough Tourism Marketing Council in activities of mutual interest.

L. Commission should provide a representative for the KPB Economic Development District Board.

M Any recommendation the Commission may have regarding economic development is to be directed to the City Council through the City Manager or the recommendations of the Commission concerning policy issues shall be sent directly to the Council upon request of the Commission.

N The Commission shall consider any specific proposal, problem or project as directed by the City Council and any report or recommendation thereon shall be made directly to the Council, unless otherwise directed by the Council.

O. The City Council may at a future date expand or withdraw duties and responsibilities of the Commission.

Section 3. The Economic Development Commission will abide by the following rules and guidelines: The following by-laws were passed by the Economic Development Advisory Commission on February 8, 1994 by the Homer City Council on February 14, 1994 via Resolution 94-17(A), and shall be in effect and govern the procedures of the Commission:

A. To abide by Existing Alaska State Law, Borough Code of Ordinance, where applicable, and Homer City Code, where applicable.

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

C. Quorum/Voting Decision Making

            1. Quorum: Four commission members shall constitute a quorum. At least four affirmative votes are required for the passage of any action of the Commission and shall constitute the meaning of “majority vote.” The final vote on a motion may be expressed through roll call or by unanimous consent (“no objection”).

            2. Voting: All Commission members present shall vote unless the Commission, for special reasons, permits a member to abstain.

            3. 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.

            4. 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.   

            5. Notice to Reconsider: A member of the Commission who voted on the prevailing side on any issue may provide notice of reconsideration within 48 hours from the time the original action was taken. The Chair or Vice-Chair shall notify staff of the reconsideration.

            6. Conflict of Interest: A member of the Commission shall disqualify himself/herself from participating in any official action in which he/she has a substantial financial interest per HCC 1.12. The member shall disclose any financial interest in the topic before debating or voting. The member cannot participate in the debate or vote on the matter, unless the Commission determines the financial interest is not substantial. Following the Chair’s announcement of the agenda item, the Commissioner should state that he/she has a conflict of interest. Once stated, the member should distance himself/herself from all motions. The Commission must move and vote on whether or not there is a conflict of interest. At this time a motion shall be made by another Commissioner restating the disclosed conflict. Once the motion is on the floor, the Commissioner can disclose his/her financial interest in the matter and the Commission may discuss the conflict of interest. A vote will then be taken. An affirmative vote excuses the Commissioner and he/she takes a seat in the audience or remains nearby. Upon completion of the agenda item, the Commissioner will be called back to join the meeting.

D. Communication with Mayor & Council and City Manager

            1. Any recommendation the Commission may have regarding economic development is to be directed to the City Council through the City Manager. Recommendations of the Commission concerning policy issues may be sent directly to the Council upon request of the Commission.

            2. Any report or recommendation made in response to a specific request from the City Council shall be made directly to the Council, unless otherwise directed by the Council.

C E. Regular Meetings/Agendas:

            1. Regular meetings will take place on the second Tuesday of each month at 6:00 p.m.

            2. Items may be added to the Regular Meeting agenda at the request of staff, the Commission as a whole, or individual commissioners. Agenda deadline is the Wednesday of the week preceding the meeting date at 5:00 p.m. Packets should be available by end of day on the Thursday following the agenda deadline.

            3. After the agenda deadline, the commission may, through majority vote, add or remove agenda items at the beginning of a meeting during “Approval of the Agenda.” Added items shall be for discussion purposes only; no action may be taken. Adding items or removing items from the agenda will be by majority consensus of the Commission. (Items may be added to the Regular Agendas only and must follow the same criteria that the City Council uses for agenda additions.)

D. Special Meetings and  Worksessions:

            4. Special Meetings, Worksessions, and Public Forums may be called by Chairman the Chair or a majority of the Commission. Worksessions and Public Forums do not require a quorum. However, no action may be taken at a worksession or forum; items on the agenda are for discussion only.

            2. No items may be added to the Special Meeting or Worksession agendas once the agenda has been set and published. Items may be removed by consensus of the Commission.

L F. The general order of business during a Regular Meeting shall be as follows:
(Information in parentheses need not appear on the agenda. Time limits do not include optional question/answer period. The Chair, with concurrence of the body, may adjust the time limit.)

            1. Call to Order

            2. Approval of Agenda

            3. Public Comments Regarding Items on the Agenda. (3 minute time limit per person)

            4. Reconsideration (Vote on reconsideration with item placed under pending business for reconsideration of action by the Commission.)

            5. Approval of Minutes (Minutes shall be in action format pursuant to Council's Operating Manual)

            6. Visitors (Must be pre approved by the Chair and meet the criteria of having a special interest matter or issue to present to the Commission and may not be a matter that could be commented upon under Public Comments or Audience Comments, written materials are to be provided by packet deadline. The Chair will set a time limit not to exceed 20 minutes. (Scheduled visitors who have been invited to give a presentation will be allotted no more than 20 minutes per presentation. For unscheduled visitors, the Chair shall set a time limit of no more than 5 minutes per person. Topics should be relevant to the role of the Commission as an advisory body.)

            7. Staff & Council Report/Committee Reports/Borough Reports (Written reports are to be provided by packet deadline.) (The Chair will set a t Time limit for oral reports not to exceed 5 minutes.)

            8. Public Hearing (3minute time limit per person.)

            9. Pending Business (Items that have been carried over from previous meeting, postponed, reconsidered, or tabled, etc.)

            10. New Business (New items brought before the Commission)

            11. Informational Materials (No action may be taken on these matters; they may be discussed only. Time limit for discussion is 20 minutes)

            12. Comments of the Audience (3 minute time limit per person)

            13. Comments of the City Staff.

            14. Comments of the Councilmember.

            15. Comments of the Chair.

            16. Comments of the Commission.

            17. Adjournment/Next Regular Meeting (Also state any additional meetings that are to be scheduled. All Regular Meetings will be held in the Homer City Hall, Cowles Council Chambers.)

The information in parenthesis need not be placed on the agenda.

E G. Duties and Powers of the Officers:

A Chairman and Vice-Chairman Chair and Vice-Chair will be selected annually (November meeting) by the appointive voting members. The Chairman will 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 will 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 will be elected at the next regular meeting. It is the responsibility of the Chair to advise the City Clerk regarding any and all non-regular meetings within a timely manner to meet Code requirements for advertisement/publication.

F. 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.

G. 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. See Homer City Code Chapter 1.12.

H. Quorum; Voting:

Four Commission members shall constitute a quorum. Four affirmative votes, or unanimous consent, are required for the passage of any action of the Commission. The final vote on each motion may be a roll call vote or may be done via unanimous consent.

The City Manager, Mayor and a Councilmember shall serve as consulting members of the Commission but shall have no vote.

I. 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.

J. 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.

K H. 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:

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

            2. resigns and the resignation is accepted;

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

            4. misses three consecutive regular meetings unless excused; or

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

L. General Order of Business:

            1. Call to Order

            2. Approval of Agenda

            3. Public Comments Regarding Items on the Agenda. (3 minute time limit)

            4. Reconsideration (Vote on reconsideration with item placed under pending business for reconsideration of action by the Commission.)

            5. Approval of Minutes (Minutes shall be in action format pursuant to Council's Operating Manual)

            6. Visitors (Must be pre approved by the Chair and meet the criteria of having a special interest matter or issue to present to the Commission and may not be a matter that could be commented upon under Public Comments or Audience Comments, written materials are to be provided by packet deadline. The Chair will set a time limit not to exceed 20 minutes.)

            7. Staff & Council Report/Committee Reports/Borough Reports (Written reports are to be provided by packet deadline.) (The Chair will set a time limit for oral reports not to exceed 5 minutes.)

            8. Public Hearing (3 minute time limit.)

            9. Pending Business (Items that have been postponed, reconsidered, or tabled, etc)

            10. New Business (New items brought before the Commission)

            11. Informational Materials (No action may be taken on these matters, they may be discussed only. Time limit for discussion is 20 minutes)

            12. Comments of the Audience (3 minute time limit)

            13. Comments of the City Staff.

            14. Comments of the Councilmember.

            15. Comments of the Chair.

            16. Comments of the Commission.

            17. Adjournment/Next Regular meeting and any additional meetings that are scheduled. All Regular meetings shall be held in the Homer City Hall Cowles Council Chambers.

The information in parenthesis need not be placed on the agenda.

M I. Bylaws Amended Amendment of Bylaws:

The by-laws may be amended at any meeting of the Commission by a majority plus one of the members with five affirmative votes, 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. The amendment shall be presented in the form of a Resolution by the City Council and shall be forwarded to the City Council through the City Clerk at the earliest possible date.

            PASSED AND ADOPTED by the Homer City Council this ____ day of _____________, 2008.

                                                                       
CITY OF HOMER


                                                                        _____________________________
                                                                        JAMES C. HORNADAY, MAYOR

 

ATTEST:

 

 

______________________________
JO JOHNSON,
CMC, CITY CLERK

 

Fiscal Note: N/A