MEMORANDUM
TO: Timothy Navarre, Assembly President
Members, Kenai Peninsula Borough Assembly
THRU: Dale Bagley, Mayor
THRU: Colette Thompson, Borough Attorney
FROM: Holly B. Montague, Assistant Borough Attorney
DATE: July 25, 2002
SUBJECT: Ordinance 2002-31, amending KPB 16.41
The attached ordinance amends KPB 16.41, which governs the Kenai Peninsula Borough Road Service Area. These revisions clarify and update the service area code provisions and conform the road service area code to the remainder of the borough code. The road service area is the largest service area with powers and functions that have expanded since the four separate service areas were consolidated in the early 1990s.
At its regular meeting on July 16, 2002, the road service area board recommended adoption of this ordinance. Draft unapproved minutes from that meeting are attached. A sectional analysis of the ordinance is included for your reference.
Sectional analysis for the amendments to KPB 16.41
1. KPB 16.04.090. Road improvement standards. This section of the code is repealed. It is inappropriately located in the general service area code. It was adopted prior to the consolidation of the road service areas and has the public works director making recommendations regarding the road improvement standards. This function has been carried out by the road service area board since the consolidation of the four service areas.
2. KPB 16.41.020. Board--Established--Membership. This section is amended to specify the number of at large and regional directors and is organized in subsections for ease of reference.
3. KPB 16.41.030. Board--Meetings--Quorum. The meeting provisions are clarified to require notice of a tentative agenda to provide improved notice of meetings for the benefit of the public and to better comply with the purposes of the Open Meetings Act (OMA). The section is divided into titled subsections for ease of reference.
4. KPB 16.41.040. Board--Election of officers. This section is amended to delete references to the initial organizational meeting of the consolidated board since such language is no longer necessary. The section is amended to allow the board some flexibility in the time within which they annually elect officers. This section is further amended to add the position of vice-chair and clarify that the list of officers is located in the board's bylaws.
5. KPB 16.41.050. Board--Terms of office. This section is amended to delete references to the terms of the initial board of the consolidated service area as the provision is no longer necessary. This section is amended to clarify how the terms of the seven board members are staggered among the regions.
6. KPB 16.41.060. Board--Vacancies. The vacancy provisions are clarified as follows. Removal from office is executed in the same manner as board appointments under Title 29 of Alaska Statutes (i.e., the mayor appoints upon assembly confirmation). It is clarified that a board member may be excused from a meeting by the board. The cross-reference is revised to indicate that vacancies are filled on the board in the same manner as expired terms.
7. KPB 16.41.070. Board--Powers and duties. This section is organized into titled subsections for ease of reference. The duties of the board are amended to broadly indicate the board's areas of responsibility (road maintenance, construction, improvement, right-of-way regulation, and the operation and management of road service area activities). The section is amended to indicate where provisions of this chapter may conflict with other provisions of the code that KPB 16.41 will be controlling.
8. KPB 16.41.[080]120. Employee conduct requirements. This section is amended to correct the name of the road service area by deleting the word "maintenance." For organizational purposes, 16.41.080 is renumbered as 16.41.120 to place all personnel matters in sequence.
9. KPB 16.41.[090]150. Budget and fiscal control. This provision is renumbered as 16.41.150 for organizational purposes. The provision is amended, and KPB 16.41.170 is repealed as the sections were somewhat duplicative. KPB 16.41.[090]150 is amended indicating the road service area board's responsibility to make recommendations regarding the budget and fiscal matters to the mayor and assembly, including public hearing which was formerly in KPB 16.41.170. Further, the reference to borough rules and regulations regarding fiscal matters is revised to policies and procedures to conform with the terminology that is more commonly used in the borough. Additionally, KPB 16.41.180 (Accounts--Vouchers--Accounting) is repealed and substantially reenacted as subsection B. These amendments place all provisions regarding fiscal matters in the same section of the service area code.
10. KPB 16.41.[100]130. [Director] Administrative employees--Appointment, qualifications, and removal. The section is renumbered to KPB 16.41.130 to place personnel provisions in sequence. The code is amended to conform the road service area code to the personnel code, Title 3 of the borough code. The service area board's role in the appointment and removal of administrative employees is clarified.
11. KPB 16.41.[110]140. [Director] Administrative employees--Accountability. This section is renumbered to KPB 16.41.140 to place personnel provisions in sequence. Revisions are made to conform the code to the personnel code and to indicate that the service area could employ administrative employees in addition to the director.
12. KPB 16.41.[120]080. Rules and regulations--Formulation and authority--Approval required. This section is renumbered to KPB 16.41.080 to place all sections regarding board procedures in sequence. This section is amended to provide that the service area board adopt rules and regulations regarding the powers and duties delegated by the mayor and assembly and that, at a minimum, these rules and regulations should address RSA programs, contract services, general procedural rules, and organization of the service area. There is inconsistency among the service areas as to whether or not the assembly needs to approve a service area board's rules and regulations. Since the rules and regulations should not contradict any provision of assembly ordinance or resolution and address the details of how those delegated functions are executed, the code is revised to submit the same to the borough attorney for review for conformity to borough and other laws, rather than to the assembly for approval.
13. KPB 16.41.[130]100. Director--Report required--Monthly. This section is renumbered to KPB 16.41.100 to place all sections regarding board procedures in sequence. The word "maintenance" is removed from the reference to the road service area. In addition, the monthly report requirement is amended to include a report on the financial status and right-of-way regulations.
14. KPB 16.41.[140]110. Service area board--Reports required--Annual. This section is renumbered to KPB 16.41.100 to place all sections regarding board procedures in sequence. The section is amended to allow a longer period of time to file the annual report as it is difficult to complete the annual report within one month of the close of the fiscal year since the board only meets once monthly. Further, the section is amended to clarify the items that the service area board's annual report should address.
15. KPB 16.41.[150]090. Procedure--Conduct of affairs--Meetings. This section is renumbered to KPB 16.41.100 to place all sections regarding board procedures in sequence. The substance of this section is not altered; however, the section is reorganized. This section provides that the service area board may adopt bylaws and form subcommittees as long as these actions do not conflict with assembly ordinances or resolutions governing service area matters.
16. KPB 16.41.160. Purchasing--Agent. This section is amended to conform the language to the purchasing code and to recognize that there may also be administrative policies governing purchasing.
17. KPB 16.41.165. Legal counsel. Legal services are provided or procured by the borough attorney for the service area.
18. KPB 16.41.170. Budget and capital program. This section is repealed. See analysis for KPB 16.41.[090]150, above.
19. KPB 16.41.180. Accounts--[Vouchers] Invoices--Accounting. This section is repealed and reenacted with revisions as KPB 16.41.150(B). The language is revised to make the language consistent with the terminology used in the borough.
20. KPB 16.41.190. Road construction projects--Assembly approval. This section is amended to allow the annual report required regarding construction projects to be included in the road service area board's general annual report.