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01/10/2008 Special MeetingKodiak Island Borough Assembly Special Meeting January 10, 2008 A special meeting of the Kodiak Island Borough Assembly was held January 10, 2008 in the Borough Conference of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:44 p.m. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier and Assistant Clerk Jessica Kepley. Assembly member Reed Oswalt was absent and was excused later by voice vote of the Assembly. CITIZENS' COMMENTS Nick Szabo asked the Assembly to include wording limiting Assembly absences. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. PUBLIC HEARING Ordinance No. FY2008 -12 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.16 Borough Assembly, Section 2.16.060 Declaring And Filling Vacancies. BRANSON moved to adopt Ordinance No. FY2008 -12, seconded by FRIEND. Clerk Javier presented a substituted version mirroring Alaska Statutes provision #1 -9 with the word "held" on #9. BRANSON moved to amend Ordinance No. FY2008 -12 by substitution, seconded by FRIEND. Discussion ensued about yearly limitations on absences. FRIEND moved to further amend the amendment to include "B. If a member of the governing body misses one -half (1/2) of the meetings held in any year of his or her term of office, each year between November 1 and October 31, the seat shall be automatically vacated," seconded by ABELL. Mayor Selby opened the public hearing. Clerk Javier read a letter into the record from Barbara Williams. The following spoke under public hearing: Nick Szabo, Ed Mahoney, and Mel Stephens. ROLL CALL VOTE ON THE SECOND AMENDMENT CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, and Stutes. Kodiak Island Borough Special Meeting Minutes January 10, 2008 Page 506 ROLL CALL VOTE ON THE FIRST AMENDMENT CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Stutes, and Abell. Mr. Stephens, during public hearing, commented on the second and third whereas of the ordinance. FRIEND seconded by BRANSON, moved to amend the second and third whereas to read: "WHEREAS, between 1990 and 2006, the Assembly had not used this code section to declare any assembly member's seat to be vacant; and WHEREAS, it has been brought to the attention of the Assembly that this section reads to require the Assembly to declare an assembly member's seat to be vacant, regardless of whether or not absences were excused by the Assembly, and whether or not the assembly member missed regularly scheduled, but canceled meetings; and " ROLL CALL VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Stutes, Abell, and Branson. ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Stutes, Abell, and Branson. ADJOURNMENT BRANSON moved to adjourn the special meeting, seconded by ABELL. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, Abell, Branson, and Friend. The meeting adjourned at 9:27 p.m. ATTEST: Nova M. Javier, CMC, borough Clerk KODIAK ISLAND BOROUGH Je me M. Selby, Approved: February 21, 2008 Kodiak Island Borough Special Meeting Minutes January 10, 2008 Page 507