CITY
OF HOMER
HOMER,
ALASKA
City Manager/Port and Harbor
Advisory Commission
RESOLUTION
09-53
A RESOLUTION OF THE CITY COUNCIL
AMENDING THE BYLAWS OF THE CITY OF HOMER PORT AND HARBOR ADVISORY COMMISSION.
WHEREAS, The bylaws of the Port and Harbor Advisory Commission
(PHC) have not been amended in several years; and
WHEREAS, PHC members have become aware of constraints that could be overcome by
updating the bylaws; and
WHEREAS, The PHC reviewed draft changes to their bylaws at the meeting of
February 25, 2009 and voted at the meeting of April 22, 2009 to recommend the
City Council adopt the changes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Homer, Alaska, hereby
amends the Port and Harbor Advisory Commission Bylaws as follows:
PORT
AND HARBOR ADVISORY COMMISSION
BYLAWS
Section 1.
History/Membership/Record Keeping
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.
v 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 to the agenda may be at the request of staff or
individual commission members;
Removal of items from the agenda will be by majority vote of
the commission members present;
Public notice of a regular meeting
shall be made as provided in HCC Chapter 1.14.
v Special meetings:
Called by Chairman or majority of
the Commission;
Adding items to the agenda may be at the request of staff or
individual commission members;
Removal of items from the agenda will be by majority vote of
the commission members present;
Public notice of a special meeting
shall be made as provided in HCC Chapter 1.14.
v 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.
v Additional Members
Student Representative – Appoint a high school junior to
serve on the commission for a term to begin June of their junior year through
graduation.
This
is to be a non-voting, advisory only position on the commission.
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:
NAME OF BODY
DATE OF MEETING
PHYSICAL LOCATION OF MEETING DAY OF WEEK AND TIME OF MEETING
HOMER, ALASKA
MEETING ROOM
REGULAR AGENDA
NOTICE OF
MEETING
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 items for discussion purposes 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 this 26th day of May, 2009.
CITY OF HOMER
_____________________________
JAMES C.
HORNADAY, MAYOR
ATTEST:
______________________________
JO JOHNSON, CMC, CITY CLERK
Fiscal Note: N/A