2007-04-12 Work SessionMANAGER'S COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLYMEMBER COMMENTS
Abell
Branson
Jeffrey
ASSEMBLY WORK SESSION
April 12, 2007 - 7:30 p.m.
Borough Conference Room
AGENDA
COMMENTS (limited to three minutes per speaker)
ITEMS FOR DISCUSSION
1. Service Area No. 1 Board Update
2. Assessing Report
3. Teleconferencing
PACKET REVIEW
PUBLIC HEARING
Ordinance No. FY2007 -13 Determining the Negotiation of a Sale at Fair Market Value of a Tax Foreclosed
Property to the Federal Government.
Ordinance No. FY2007 -01 F Amending Ordinance o. FY2007 -01 Fiscal Year 2007 Budget by Adjusting Three
General Fund Revenue Accounts, Four General Fund Departments, Four Special Revenue Funds, and Two
Capital Project Funds.
CONTRACTS
Contract No. FY2007 -39 Solid Waste Management Study.
RESOLUTIONS
Resolution No. FY2007 -31 Authorizing the Approval of Lease Regarding the Womens Bay Fire Hall Apartment
with Byron Cross.
OTHER ITEMS
Confirmation of Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council.
SPECIAL MEETING
Contract No. FY2006 -28A Amendment to Contract No. FY2006 -28 Design and Construction Services for
the New Pool Facility.
ON LEAVE
March 29 - April 11
April 13 - April 24
April 9 -?
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Please print your name
1. -5C
Work Session Meeting of:
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KODIAK ISLAND BOROUGH
WORK SESSION MEETING
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March 28, 2007
Matt Jamin
Jamin, Schmitt & St. John
323 Carolyn Street
Kodiak, AK 99615
Dear Matt:
Attached is a draft ordinance in response to Assembly's request to address teleconferencing.
This ordinance would allow attendance by Assembly members via teleconference ONLY during
work sessions and emergency meetings and prohibit the practice during regular or special
meetings. This was discussed at the last work session by the Assembly and the agreement was
to have you review the attached ordinance for legality since AS 44.62.310 currently allows
attendance and participation at meetings by members of the public or by members of a
governmental body by teleconferencing.
I also included wording to allow participation in the event of an emergency meeting and the
provisions as set in AS 44.62.310 will be followed.
Sincerely,
OFFICE OF THE BOROUGH CLERK
N64 fVl Javier,
Borough Clerk
Kodiak Island Borough
OFFICE of the BOROUGH CLERK
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486 -9301 Fax (907) 486 -9374
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY 2007 -XX
Introduced by Assembly
Requested by: Assembly
Drafted by: Borough Clerk
Introduced:
Public Hearing:
Adopted:
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH
AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES
TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.17 RULES OF THE ASSEMBL
SECTION 2.17.020 GENERAL RULES TO PROHIBIT ASSEMBLY MEMBER ATTENDANCE
AT REGULAR AND SPECIAL MEETINGS BY TELECONFERENCE r���(
AND ALLOW IT ONLY DURING WORK SESSIONS to ��1 eR,61 e ;� " Aj
WHEREAS, Alaska Statute 44.62.310 states "attendance and participation at meetings by
members of the public or by members of a governmental body may be by teleconferencing;" and
WHEREAS, Assembly members who attend by teleconference may not be able to communicate
as well with other Assembly members, the public, and the administration as could someone in
attendance;
WHEREAS, decisions made regarding public policy are best made in person, rather than by
telephone; and
WHEREAS, the Assembly desires to establish a policy to allow attendance by teleconference of
Assembly members only during work sessions and emergency meeting; and
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: Title 2 Administration and Personnel Chapter 2.17 Rules of the Assembly Section
2.17.020 General Rules is hereby amended as follows:
2.17.020 General rules.
A. Public meetings: All official meetings of the assembly shall be open to the public. The
journal of proceedings shall be open to public inspection.
B. Quorum: Four (4) members of the assembly shall constitute a quorum. Attendance of
assembly members shall be in person and may not be by teleconference, except for work sessions
and emergency meetings. In the event of an emergency meeting, the provisions set in AS44.62.310
shall be followed.
C. Absences: No member of the assembly may absent himself from any regular or
special meeting of the assembly except for good cause. An assembly member who is unable to
attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason
for that absence. During the course of the meeting from which the member is absent, the chair shall
cause the record to reflect the absence of the member, the reason for the absence and whether the
absence is excused by the assembly.
D. Rules of order: 'Roberts Rules of Order Current Edition" shall govern the
proceedings of the assembly in all cases, unless they are in conflict with these rules. When such a
conflict exists, this ordinance prevails.
Kodiak Island Borough, Alaska Ordinance No. FY2007 -XX
Page 1 of 2
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 2007
ATTEST: Jerome M. Selby, Borough Mayor
Nova M. Javier, CMC, Borough Clerk
KODIAK ISLAND BOROUGH
Kodiak Island Borough, Alaska Ordinance No. FY2007 -XX
Page 2 of 2
Sec. 44.62.310. Government meetings public.
(a) All meetings of a governmental body of a public entity of the state are open to the public except as otherwise
provided by this section or another provision of law. Attendance and participation at meetings by members of the
public or by members of a governmental body may be by NteleconferencingH. Agency materials that are to be
considered at the meeting shall be made available at teleconference locations if practicable. Except when voice votes
are authorized, the vote shall be conducted in such a manner that the public may know the vote of each person entitled
to vote. The vote at a meeting held by teleconference shall be taken by roll call. This section does not apply to any
votes required to be taken to organize a governmental body described in this subsection.
(b) If permitted subjects are to be discussed at a meeting in executive session, the meeting must first be convened
as a public meeting and the question of holding an executive session to discuss matters that are listed in (c) of this
section shall be determined by a majority vote of the governmental body. The motion to convene in executive session
must clearly and with specificity describe the subject of the proposed executive session without defeating the purpose
of addressing the subject in private. Subjects may not be considered at the executive session except those mentioned in
the motion calling for the executive session unless auxiliary to the main question. Action may not be taken at an
executive session, except to give direction to an attorney or labor negotiator regarding the handling of a specific legal
matter or pending labor negotiations.
(c) The following subjects may be considered in an executive session:
(1) matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the
public entity;
(2) subjects that tend to prejudice the reputation and character of any person, provided the person may request a
public discussion;
(3) matters which by law, municipal charter, or ordinance are required to be confidential;
(4) matters involving consideration of government records that by law are not subject to public disclosure.
(d) This section does not apply to
(1) a governmental body performing a judicial or quasi - judicial function when holding a meeting solely to make a
decision in an adjudicatory proceeding;
(2) juries;
(3) parole or pardon boards;
(4) meetings of a hospital medical staff;
(5) meetings of the governmental body or any committee of a hospital when holding a meeting solely to act upon
matters of professional qualifications, privileges or discipline;
(6) staff meetings or other gatherings of the employees of a public entity, including meetings of an employee
group established by policy of the Board of Regents of the University of Alaska or held while acting in an advisory
capacity to the Board of Regents; or
(7) meetings held for the purpose of participating in or attending a gathering of a national, state, or regional
organization of which the public entity, governmental body, or member of the governmental body is a member, but
only if no action is taken and no business of the governmental body is conducted at the meetings.