MEMORANDUM

KENAI PENINSULA BOROUGH

LEGAL DEPARTMENT

144 N. Binkley Street Tel. (907) 262-8609

Soldotna, Alaska 99669 Fax (907) 262-8686

TO: Bill Dunn, Roads Director

Sam McLane, Road Service Area Board Chair

Members, Road Service Area Board

FROM: Holly B. Montague, Assistant Borough Attorney

DATE: April 3, 2000

SUBJECT: RSA Rules and Regulations

Please find attached updated rules and regulations for the operation of the RSA board. The rules and regulations are authorized by KPB 16.41.120. The original rules and regulations adopted after consolidation of the four separate service areas in 1991 are attached for ease of reference. The proposed rules and regulations still address the issues the board and assembly addressed in the original rules and regulations. The original rules and regulations are outdated as the functions of the service area and role of the service area board have been expanded by the assembly since consolidation. As with the current rules and regulations, the proposed rules and regulations do not reiterate any provisions already codified at KPB 16.41, but rather address issues not otherwise covered.

In Article I, "contracts," the board's approval of improvement and design contracts are added to the reference to maintenance contracts. Reference to bids is supplemented with a reference to proposals as the preferred mechanism for selecting a contractor for maintenance and design is through an RFP, while CIP contracts are let through a hard dollar bid. The number of units is revised to conform to current practice adjusting the number and boundaries of units as economy and efficiency require. The references to operational unit supervisors are deleted as they no longer exist. The service area's road inspectors supersede the former function of the unit supervisor. Further, the potential lack of control and liability for the acts of such unit supervisors make such positions legally ill advised. The provision allowing for reconsideration of a payment dispute with a contractor by the RSA board is added to conform with current contract terms and to avoid unnecessary litigation or complaints to the mayor and assembly by affording the contractor an opportunity for an administrative review of the dispute. The provision on contract termination is deleted since the provisions for termination are specified in the contract documents drafted by the borough attorney and approved by the board. It is best to retain flexibility to revise this clause, and all clauses, of the contracts as the borough's best interest requires.

In Article II, "funding," the budget is not addressed to any great extent because the RSA board's responsibility to advise the mayor and assembly regarding the same is set forth in the code. While state funding for road maintenance based on mileage is dwindling, the program still exists and is not addressed in KPB 16.41 and, therefore, is included in the rules and regulations. The article is revised to delete the reference to noncontiguous rights-of-way. This provision is more appropriately placed in the KPB 14.06 standards, and KPB 14.06 was recently amended to include this requirement. The board's approval of the annual CIP program is also added to conform the rules and regulation to the borough's practice.

Article III, "procedural requirements", is amended to provide that generally regular monthly meetings will be held on the second Tuesday, rather than Monday, to conform to current practice. A provision is added to allow the board by resolution to alter rules of procedure under Robert's Rules of Order as such procedure manuals are generally more appropriate for large assemblies with daily sessions rather than small boards. However, the rules for small boards set forth in Robert's are also not precisely applicable to the RSA board because of the degree of formality some of the RSA board's actions require (e.g., approving roads for maintenance). The standard rules in Robert's generally need some modification prior to being useful for small but formal boards.

The attached rules and regulations are intended to track the original rules and regulations adopted by the board and assembly in form and substance. However, the board should amend this draft as it deems appropriate prior to submission to the assembly.