MEMORANDUM

TO: Timothy Navarre, Assembly President

Members, Kenai Peninsula Borough Assembly

THRU: Dale Bagley, Mayor

Colette Thompson, Borough Attorney

FROM: Holly B. Montague, Assistant Borough Attorney

CC: Gary Davis, Roads Director

DATE: December 27, 2001

SUBJECT: Resolution 2002-007, decertifying Beluga Street, Salmon Road, and Huske Street

The borough attorney's office recommended decertification of the above-referenced roads to the road service area ("RSA") board because of liability and safety concerns. All of the roads are in the central region and, according to the RSA staff, have not been maintained within the past five years. Salmon Road is connected to Beluga Street in J.W. Subdivision Addition No. 1, and was the site of a snow machine accident for which the borough, through its insurer, paid in excess of one million dollars in settlement several years ago. Huske Street accesses the Kenai River and receives substantial use as a parking area and boat launch. The road is not entirely within the right-of-way. None of the three roads meet borough standards, nor do they access dwellings. A public hearing was held on November 6, 2001 regarding decertification of these roads. No one testified against decertification, nor were any written objections received to the decertification. The public hearing before the assembly was advertised on December 27, 2001, and January 3, 2002, in compliance with KPB 14.06.070(B)(6). The resolution sets forth findings adopted by the RSA board supporting decertification in accordance with KPB 14.06.070. The memo seeking authorization from the board to initiate the public process for decertification for these roads is also enclosed and contains more detail regarding the status of the three roads. Decertification from the maintenance system does not result in vacation of the roads, and if the roads are brought to borough standards they will again be eligible for borough maintenance.