Chapter 2.40
HISTORIC PRESERVATION COMMISSION
Sections
2.40.010 Commission established—membership
2.40.030 Teleconference participation
2.40.037 Conflicts of interest
2.40.045 Duties and responsibilities
2.40.010 Commission established—membership
(a) The historic preservation commission is hereby established.
(b) The commission shall consist of seven members. Four commissioners shall be appointed who reside in the city, and who have demonstrated interest in or knowledge of historic preservation, history, anthropology, and/or architecture, and three commissioners who may reside outside the city filling the professional designated positions of historian, anthropologist, and architect as required by the National Park Service regulations. The city mayor will serve as a nonvoting, ex officio member on the commission and may participate in all discussions. [Ord. 1409 §1, 2021; Ord. 1403(SUB) §1, 2020]
2.40.015 Appointment
(a) Commissioners shall be appointed by the mayor, subject to approval of the council.
(b) The term of each commissioner shall be three years. The terms of initial appointments shall be staggered so that a nearly equal number of commissioners shall be appointed each year. A commissioner shall serve until the expiration of the commissioner’s term.
(c) Unless stated otherwise, the office of a commissioner shall become vacant upon:
(1) The delivery of the commissioner’s written resignation to the mayor; or
(2) The failure of the commissioner to attend two consecutive commission meetings without excuse.
(d) Vacancies may be filled by mayoral appointment subject to approval of the council and such commissioner shall serve the remainder of the term to which the commissioner was appointed. [Ord. 1403(SUB) §1, 2020]
2.40.020 Officers
The commission shall appoint from its members a chair and a vice chair for a term fixed by the commission. The vice chair shall act as chair in the absence of the chair. [Ord. 1403(SUB) §1, 2020]
2.40.025 Meetings
(a) The commission shall meet at least twice each calendar year. The chair may call a special meeting of the commission.
(b) A majority of the commissioners shall be a quorum. In the absence of quorum, any number less than a quorum shall recess a meeting to a later time or date.
(c) A commissioner intending to be absent at a regular meeting shall request permission to be absent from the chair in advance of the meeting. During a meeting, the chair will declare, for the record, if an absent commissioner is excused or unexcused. Minutes shall reflect when an absent commissioner is excused or unexcused.
(d) All meetings shall be public and public notice of all meetings shall be given. [Ord. 1403(SUB) §1, 2020]
2.40.030 Teleconference participation
(a) Teleconference participation of commissioners is permitted provided notification to the support staff is given prior to publication of the meeting agenda of their request to participate in the meeting by teleconference means. If notice is not provided prior to publication of the meeting agenda, teleconference participation shall not be allowed. Prior to the meeting, the support staff shall notify other commissioners of those participating by teleconference.
(b) Three commissioners must be physically present at the meeting and the rest of the commissioners may participate telephonically. If three commissioners are not present at a meeting, the meeting shall be adjourned and rescheduled. [Ord. 1403(SUB) §1, 2020]
2.40.035 Minutes and reports
The commission shall keep minutes of meeting proceedings and such minutes shall record the vote of each commissioner upon every question. Upon approval, the minutes shall be immediately filed with the city clerk and shall be a public record open to inspection. The commission shall prepare an annual report to be submitted to the council. [Ord. 1403(SUB) §1, 2020]
2.40.037 Conflicts of interest
(a) No commissioner may vote on any question upon which the commissioner has a substantial financial interest.
(b) A professional member of the commission does not have a conflict of interest by virtue of the commissioner’s profession.
(c) A commissioner may concurrently hold another office in city, borough, state, or federal government. [Ord. 1403(SUB) §1, 2020]
Code reviser’s note: Ordinance 1403(SUB) adds this section as 2.40.035. It has been editorially renumbered to avoid duplication of numbering.
2.40.040 Procedure
Commission meetings shall be governed by the chair according to rules and order of business, which the commission may establish in writing. In all matters of procedure not covered by rules adopted by the commission, conduct of the meetings shall be governed by the chair according to Robert’s Rules of Order. [Ord. 1403(SUB) §1, 2020]
2.40.045 Duties and responsibilities
(a) The commission shall conduct, or cause to be conducted, a survey of the historic, architectural, and archaeological resources within the city. The survey shall be compatible with the Alaska Heritage Resources Survey and be capable of being readily integrated into statewide comprehensive historic preservation planning, and other planning processes. Survey and inventory documents shall be maintained by the city and released on a need-to-know basis to protect the site location from possible vandalism. The survey will be updated at least every 10 years.
(b) The commission shall serve as the historic preservation review commission for the city for the purpose of qualifying the city as a certified local government to review nominations to the National Register of Historic Places and for the purpose of consulting with federal and state authorities in the Section 106 review under to the National Historic Preservation Act. The commission shall review and comment on all proposed National Register nominations for properties within the boundaries of the city to the State Historic Preservation Officer. Recommendations on nominations shall be transmitted to the State Historic Preservation Office through the mayor. When the commission considers a National Register nomination or participates in a Section 106 consultation requiring expertise or knowledge of an area which the commissioners do not possess, the commission shall consult with experts in that area before making a recommendation. Review and consultation made under the National Historic Preservation Act shall be an independent review of the commission.
(c) The commission may make and receive recommendations to and from the Kodiak Island Borough architectural/engineering review board and planning and zoning commission.
(d) The commission shall act in an advisory role to other officials and to city departments regarding the identification and protection of local historic and archaeological resources and historic preservation planning. Subject to subsections (b) and (c) of this section, the commission shall not make any applications or endorsements to other agencies, entities, or governmental units on behalf of the city without prior approval by the city council.
(e) The commission shall support the enforcement of the Alaska Historic Preservation Act.
(f) The commission shall work toward the continuing education of the public regarding historic preservation and the community’s history.
(g) At least twice yearly, the commission shall review and, where it deems appropriate, recommend to the council nominations to or deletions from the Register of Historic Places. Recommendations shall be made through the city manager to the city council. [Ord. 1403(SUB) §1, 2020]
2.40.050 Support staff
The Kodiak Historical Society shall provide technical assistance and staff support to the historic preservation commission. [Ord. 1403(SUB) §1, 2020]