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2007-03-21 Regular Meeting/Public Hearing BudgetSERVICE AREA NO. 1 BOARD REGULAR MEETING MINUTES March 21, 2007 @ 7:00 P.M. BAYSIDE FIRE HALL CALL TO ORDER: CHAIR E. MAHONEY, called the meeting to order at 7:00 p.m. ROLL CALL: Present: Kevin Arndt Scott Arndt Charlie Lorenson Ed Mahoney Peggy Tuttle Absent: Sharon Lea Adinolfi Greg Spalinger ~ ~ s ~~~ APR ~ 7 207 ,~ ~- __~ _..____ _ .w._ ._ ~C~~~ ~~;~-f ~~ ~--~~~~~ ~,cricE k ~.: Staff: Jessica Kepley, E/F A quorum was established. Absent Board Members were excused. ACCEPTANCE OF AGENDA: It was MOVED, S. ARNDT, and SECONDED, LORENSON to approve the Agenda as presented. The motion CARRIED unanimously. ACKNOWLEDGE ACCEPTANCE OF FINANCIAL REPORT: It was MOVED, S. ARNDT, and SECONDED, LORENSON to acknowledge acceptance of the Financial Report. The motion CARRIED unanimously. APPROVAL OF MINUTES: There were no minutes to approve. PUBLIC COMMENTS: None. CHAIR REPORT: CHAIR reported Bud Cassidy, E/F Director and Rick Gifford, Borough Manager were both in favor of pursuing the Coho access project. Both questioned where money for the project would come from. Bud Cassidy informed CHAIlZ that the Borough was looking into the realignment of Ocean Drive. Property located along the road is in the process of potentially being sold, which would have a determining affect on the realignment project. \\Dove\Departments\EFlService Districts\Service Area No. 1 Board\Agendas and Minutes\Service District Minutes\Service District Minutes 2007\Minutes 21 Mar 07.doc Page 1 of 6 CHAIR also discussed with Cassidy and Gifford the project of getting all properties to pay Service Area property taxes. Research shows that Fairbanks is pursuing the same type of tax exemption that SA1 is currently being faced with. Gary Steven's office issued a copy of House Bill 185 to the Borough Manager re the Fairbanks issue, Fairbanks needs to get legislative approval; they are pursuing that. CHAIR pointed out that not only are properties along State roads an issue, also there are two City roads (Mill Bay and Selief) that are not exempt from the property taxes in the Service Area. Same concept applies to City and State roads. Gifford suggested passing a motion to the Assembly to repeal the ordinance exempting the properties along State roads from paying taxes. Service Area boards may either move this along collectively or individually. $51,089 is being lost by excluding the taxation of properties abutting State roads. CHAIR suggested to Gifford and Cassidy the option of creating a Citizen's Paving Task Force to pursue area-wide paving, which would include an Assembly Member, the Service Area #1 Board, and public residents. Gifford and Cassidy agreed the suggestion was a good one. Letter re vehicles parked in the ROW was determined to be the job of the Engineering and Facilities department. Bud Cassidy said that their office would follow up on this matter. This letter would address the ROW parking issues within the Service Area. Service Area Resident complaint forms, found on the KIB website, were discussed. It was clarified that these complaint forms would be received by KEPLEY, who would then bring the collected forms before the Board for decisions on the issues. PUBLIC HEARING It was MOVED, S. ARNDT and SECONDED, LORENSON to approve the FY2008 Budget. At this time the regular meeting was closed, the Public Hearing was now open. There were no public attendees; the Public Hearing was closed and the regular meeting resumed. With no further discussion, the motion CARRIED unanimously. OLD BUSINESS: A. Collo Lane Access -Plover to Woodland Drive It was MOVED, TUTTLE and SECONDED, LORENSON to forward to the Assembly to look into constructing a Coho access from Plover to Woodland Drive. S. ARNDT stated, that in light of there being no present funding for the project that the Board not move forward with the project. Instead, he suggested that the Board put forth \\Dove\Departments\EF1Service Districts\Service Area No. 1 Board\Agendas and Minutes\Service District Minutes\Service District Minutes 2007\Minutes 21 Mar 07.doc Page 2 of 6 an effort in other projects that had the option of proceeding forward, due to funding or priority. TUTTLE told the Board that she felt there is no problem in forwarding the matter to the Assembly to pursue, instead of waiting until a later date or depending upon other agencies to address the issue. Natives of Kodiak representative Tony Drabek did not foresee future movement of opening up other access areas for the subdivision. She stated that residents are voicing their concerns, for instance during the Woodland Acres Paving project, that there is no egress from the subdivision if they are blocked due to an emergency or other issue. LORENSON agreed that there is no problem with passing a motion and putting the project in the hands of the Assembly. The motion CARRIED, 4 to 1. B. BELIEF LANE RECONSTRUCTION (corrected to RESURFACING) S. ARNDT reported the City resurfaced their portion of Belief Lane; the portion owned by the Borough is in serious need of resurfacing due to deterioration and damage of the pavement. It was MOVED, S. ARNDT and SECONDED, TUTTLE to forward to the Assembly to establish an assessment district to resurface the Borough's portion of Belief Lane. Discussion was held re responsibility of the Service Area Board to maintain or resurface the existing roads. Maintenance would come from the Service Area budget; resurfacing, due to lack of Service Area funds, would hopefully come through assessing those properties along Belief Lane. The motion was unanimously TABLED until the next regular meeting. C. REALIGNMENT OF OCEAN DRIVE K. ARNDT told the Board that the Borough is looking into selling their property on Ocean Drive, he suggested that the Board "leave this project alone and let it take its course." The Borough will have to deal with relocating the road once the property sells. MAHONEY felt a recommendation should come from the Board to the Assembly to pursue the realignment project. It was MOVED, S. ARNDT and SECONDED, LORENSON to recommend to the Borough Manager and Assembly to pursue the realignment of Ocean Drive as soon as practically possible, and to use the (lot) to offset the cost. The motion CARRIED unanimously. D. Service Area #1 Tax Collection S. ARNDT told the Chair he felt that there was a need for Public Hearings on this subject, giving the public the opportunity to be informed of the intentions of an area-wide taxation; he did not feel comfortable moving ahead with this issue without providing the \\Dove\Depar[ments\EF1Service Districts\Service Area No. 1 Board\Agendas and Minutes\Service District Minutes\Service District Minutes 2007\Minutes 2l Mar 07.doc Page 3 of 6 residents with information and a chance to voice their opinions. He also suggested getting notices to the residents. CHAIR is concerned that the way things are running now, may not presently be legal, especially with Fairbanks pursuing similar avenues, and given the fact that they have to go to the legislature for approval on the matter. Both Gifford and Cassidy recommended that the Board present this to the Assembly, so he would like to see something go before the Assembly. He would like to know if the Assembly is willing to pursue this before having Public Hearings only to find out after the fact that the Assembly is not interested. S. ARNDT stated the Assembly may ask the Board if they had discussed this with the residents of the area prior to the Assembly taking action on the issue. He felt if the Board said the residents had not been included in on the discussion, that it wouldn't please the Assembly. TATTLE asked if there was a possibility to get a legal opinion, having the Borough Attorney look into determining if the tax exemption for the property owners is in fact legal. Further discussion was held on the language of the ordinance, CHAIR quoted, "parcels abutting state maintained roads, whose only access is on the state maintained roads and there is no potential use of service area roads." LORENSON said that it is a very easy thing to do to change a location's address from one street to another, usually takes a phone call. CHAIR questioned if there is access to property from another road, there remains potential for future access. It was MOVED, S. ARNDT and SECONDED, K. ARNDT to recommend to the Borough Manager to request the Attorney's opinion on the legality of the ordinance exempting properties abutting the State maintained roads from Service Area taxation. The motion CARRIED unanimously. NEW BUSINESS: A. Road Maintenance Contracts KEPLEY provided the board with copies of the new road maintenance contract bid packets which will be advertised starting March 30, for three consecutive weeks. She noted there were minor changes to the packet, specifying the Contractor use snow gates on all driveways, and an extension clause was added to the specifications. Board review of the bid packet will be held at the meeting scheduled for April 10. B. Establishment of Citizens Paving Task Force for SA#1 CHAIR spoke with Gifford and Cassidy re the establishment of a Citizen's Task Force to pursue Service Area-wide paving. Discussion by the Board determined that this is a good idea and a step toward area-wide paving and taxation. It was MOVED, TATTLE and SECONDED, LORENSON to direct the CHAIR establish a Service Area #1 Citizen's Task Force. The motion CARRIED unanimously. \\Dove\Departments\EF~Service Districts\Service Area No. 1 Board\Agendas and Minutes\Service District Minutes\Service District Minutes 2007\Minutes 21 Mar 07.doc Page 4 of 6 C. Regularly Scheduled Meetings CHAIR desired to establish a regular schedule of meetings. Board decided on the second Tuesday of every other month at 7:00 p.m. will be the regular schedule, beginning with the regular meeting on April 10, 2007. A regular meeting is scheduled for May 8, 2007 to approve the new road maintenance contract bid packet and to provide with any necessary addendums. KEPLEY mentioned the next application of Calcium Chloride. It was directed to place this on the next meeting agenda. PUBLIC COMMENTS None. BOARD MEMBER COMMENTS SL. ADNIOLFI. Absent. S. ARNDT. Left the meeting at 7:30 p.m. K. ARNDT. Appreciates the speed in which issues were addressed at this meeting. Doesn't usually happen this way, but should continue. Commended CHAIR on the time and effort spent in addressing the issues at hand. C. LORENSON. Happy to see regularly scheduled meetings and pleased with establishment of Citizen's Task Force. E. MAHONEY. Stated that there was a problem with Brechan sanding the roads. Problem was handled and the roads got sanded eventually, but not at 3:00 a.m. as requested. Told the Board if there are any problems that they come across, to call his cell phone, and he will address them. P. TUTTLE. Pleasantly shocked that tonight was so successful, moving on things that needed to be addressed. Commended CHAIlZ on good job. G. SPALINGER. Absent. MEETING SCHEDULE: Regular Meeting April 10, 2007 at 7:00 p.m. to be held at Bayside. ADJOURNMENT: \\Dove\Departments\EF1Service Districts\Service Area No. I Board\Agendas and Minutes\Service District Minutes\Service District Minutes 2007\Minutes 21 Mar 07.doc Page 5 of 6 There being no further business, the meeting was adjourned at 8:00 p.m. SUBMITTED BY: J ica K pley, cretary B Engineering /Facilities Department APPROVED BY• Ed ahoney, C ai rvice Area o Board Date: -! ~ ~'< <' Date: \\Dove\Departments\EF\Service Districts\Service Area No. 1 Board\Agendas and Minutes\Service District Minutes\Service District Minutes 2007\Minutes 21 Mar 07.doc Page 6 of 6