Chapter 12.02
PORTS AND HARBORS ADVISORY BOARD
Sections:
12.02.090 Subject to Alaska Public Records and Open Meetings Laws.
12.02.100 Rules and procedures.
12.02.110 Function and duties.
12.02.120 Limitations on the powers of the ports and harbors advisory board and individual members.
12.02.010 Establishment.
A ports and harbors advisory board shall advise the assembly and the borough manager on matters relating to planning, maintaining, expanding, developing, financing, administering, or operating the Port of Skagway. The assembly retains complete authority over the Port of Skagway and the assembly acts and serves as the port authority for the Port of Skagway, unless and until a new port governance structure is adopted by ordinance.
(Ord. 20-21, Repealed & Replaced, 09/17/2020)
12.02.020 Membership.
The ports and harbors advisory board shall be comprised of five (5) members, one of which shall be a member of the assembly.
(Ord. 20-21, Repealed & Replaced, 09/17/2020)
12.02.030 Qualifications.
A member shall be a registered voter of the municipality of Skagway.
(Ord. 20-21, Repealed & Replaced, 09/17/2020)
12.02.040 Appointment.
A. Members.
1. The mayor shall appoint members from among persons who either apply or are recommended for the positions, subject to confirmation of the assembly by majority vote. A motion shall not be required to appoint a member.
2. Members serve at the pleasure of the borough assembly and without compensation. The mayor may remove a member, subject to confirmation of the assembly by majority vote. A motion shall be required to remove a member.
3. Assembly Member. The mayor shall appoint annually one (1) assembly member to serve as voting member of the board, and liaison between the assembly and the board, subject to confirmation of the assembly by majority vote. A motion shall not be required to appoint an assembly member. The assembly member may serve more than one (1) term.
B. Liaisons.
1. Yukon Territory Liaison. The mayor shall appoint one (1) representative of the Yukon Territory, nominated by the Yukon Territory government, to serve as a liaison between the Yukon Territory and the board. The Yukon Territory liaison shall serve a three (3) year term. The Yukon Territory liaison may serve more than one (1) term. The Yukon Territory Liaison may attend all meetings of the board and shall have the privilege of the floor, but shall not have the right to vote on matters before the board.
(Ord. 20-21, Repealed & Replaced, 09/17/2020)
12.02.050 Terms.
A. Regular members, except for the assembly member of the board, serve three (3) year terms; however, a member serves until a successor takes office. The term of office begins in October.
B. The assembly member of the board shall serve a one (1) year term.
C. The terms shall be staggered so that regular members are appointed each year. Terms shall be first established by randomly drawing one (1) for a one (1) year term, two (2) for two (2) year terms, and one (1) for a three (3) year term.
D. A member appointed to fill a vacancy shall serve the unexpired portion of the term.
(Ord. 20-21, Repealed & Replaced, 09/17/2020)
12.02.060 Vacancies.
A. A vacancy on the ports and harbors advisory board shall be declared and filled as above provided when a member:
1. Resigns and the mayor accepts that resignation;
2. No longer meets the qualifications for being a member;
3. Is physically or mentally unable to attend board meetings for a period of more than ninety (90) days unless excused by vote of the ports and harbors board;
4. Misses three (3) consecutive regular board meetings and is not excused by the chair; or
5. Is convicted of a felony.
6. Any member may be removed in accordance with Section 12.02.040(A)(2) at any time regardless of whether that person’s term on the board has expired.
B. The secretary of the ports and harbors advisory board shall keep attendance records and notify the mayor when vacancies occur.
(Ord. 20-21, Repealed & Replaced, 09/17/2020)
12.02.070 Officers.
A. The ports and harbors advisory board shall elect annually a chair, vice-chair and secretary at its first meeting following the mayor’s appointment and the assembly’s confirmation of members. The assembly member of the board shall not serve as an officer.
B. The term of office for the chair, vice-chair and secretary shall be one (1) year; however, officers may serve more than one (1) term.
C. The chair shall preside over the ports and harbors advisory board and shall have the right to vote.
D. The vice-chair shall perform the duties of the chair in the absence or disability of the chair.
E. The secretary shall be responsible for taking minutes and providing those minutes to the borough clerk in a timely manner.
(Ord. 20-21, Repealed & Replaced, 09/17/2020)
12.02.080 Meetings.
A. The ports and harbors advisory board shall meet at least quarterly at a regularly established time and location determined by the board. The chair or at least three (3) members may call additional meetings.
B. The ports and harbors advisory board will provide at least five (5) days of public notice of all its meetings, except that it may call an emergency meeting upon not less than twenty-four (24) hours’ prior oral or written notice to all members. Public notice shall go through the borough clerk’s office.
C. The ports and harbors advisory board shall provide an opportunity for the public to be heard at all meetings.
D. A majority of voting members constitutes a quorum. A member disqualified by law from voting on a question may be considered present for purposes of constituting a quorum. In the absence of a quorum any member may recess or adjourn the meeting to a later date.
E. Actions of the ports and harbors advisory board are adopted by a majority of the total membership of the board. Each member shall vote on every question, unless required to abstain from voting on a question by law. The final vote of each member on each motion shall be recorded "yes" or "no," except that if the vote is unanimous it may be recorded "unanimous."
F. The port director and borough manager have the right to be present in all executive sessions.
G. The ports and harbors advisory board shall maintain minutes of its official proceedings. The minutes shall be filed with the borough clerk and shall be retained as a public record.
(Ord. 20-21, Repealed & Replaced, 09/17/2020)
12.02.090 Subject to Alaska Public Records and Open Meetings Laws.
The ports and harbors advisory board is subject to AS 40.25.110 through 40.25.220 and AS 44.62.310 through 44.62.312, as amended.
(Ord. 20-21, Repealed & Replaced, 09/17/2020)
12.02.100 Rules and procedures.
The ports and harbors advisory board may adopt such rules and procedures as may be necessary to carry out its duties subject to approval by the assembly. Robert’s Rules of Order will govern unless other procedures are approved by the assembly.
(Ord. 20-21, Repealed & Replaced, 09/17/2020)
12.02.110 Function and duties.
The ports and harbors advisory board shall have the following functions and duties:
A. Recommend, in writing, to the borough manager and the assembly, as appropriate, policies, plans or actions to promote and support commercial and industrial development throughout the Port of Skagway.
B. As the board deems necessary, but not less than annually during September, recommend in writing to the borough manager and the assembly allocations of borough resources through the borough’s annual budget process for studying, planning, developing, administering, financing and operating the Port of Skagway.
C. Solicit input from individuals, groups, agencies, businesses and industries on matters relating to local and regional transportation systems, facilities and services.
D. Develop, upon concurrence or request by the assembly, or review plans, studies, programs, policies, ordinances, state and federal legislation, regulations, grant applications, and other documents concerning development, financing, administration and operation of local and regional transportation systems, facilities and services; and advise the borough manager and the assembly, as appropriate.
E. Within sixty (60) days following the end of each fiscal year, submit a written report to the assembly outlining the board’s activities and recommendations during the preceding fiscal year, and outlining the board’s recommendations for future assembly and borough manager action.
F. Perform such other functions and duties as the assembly may require.
(Ord. 20-21, Repealed & Replaced, 09/17/2020)
12.02.120 Limitations on the powers of the ports and harbors advisory board and individual members.
A. In accordance with its function as solely an advisory board, the board has no authority to:
1. Act on behalf of the municipality of Skagway;
2. Enter any oral or written agreements or contracts of any kind on behalf of the municipality of Skagway;
3. Make any promises, whether oral or in writing, to any person, partnership, joint venture, government agency, or private entity.
4. Direct staff.
B. In accordance with their service on the board in solely an advisory role, individual members:
1. Do not have any actual or apparent authority to represent the municipality in any discussions with private persons, partnerships, joint ventures, governmental agencies, or private entities, unless specifically authorized in writing by the mayor as directed by the assembly;
2. Do not have any actual or apparent authority to enter into any oral or written agreements with any person, partnership, joint venture, governmental agency, or private entity on behalf of the municipality;
3. Do not have any actual or apparent authority to make any promises to any person, partnership, joint venture, governmental agency, or private entity on behalf of the municipality.
(Ord. 20-21, Repealed & Replaced, 09/17/2020)