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1997-05-13 Regular MeetingKODIAK ISLAND BOROUGH BOARD OF EQUALIZATION METING May 13,1997 @ 7:30 p.m. Borough Assembly Chambers A meeting of the Kodiak Island Borough Board of Equalization was held May 13, 1997 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. ROLL CALL There were present: Absent: Craig Fanning Jim Carmichael Karenia Hackett Tim Hurley Steve Jensen Cheryl McNeil (alternate) comprising a quorum of the Board; and Pat Carlson, Borough Assessor Judi Nielsen, Deputy Borough Clerk Lila Koplin, Appraiser Technician BOARD ORGANIZATION HURLEY, seconded by JENSEN Nominations were closed. VOTE ON MOTION MOTION CARRIED Karenia Hackett assumed the chair. APPROVAL OF AGENDA HURLEY, seconded by McNEIL moved to nominate Karenia Hackett as chair. Unanimous voice vote moved to approve the agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Board of Eaualization May 13, 1997 Unanimous voice vote Page 1 ITEMS OF BUSINESS A. Approval of Minutes of the 1996 Board of Equalization. HURLEY, moved to approve the minutes of the seconded by MCNEIL 1996 Board of Equalization. VOTE ON MOTION MOTION CARRIED Unanimous voice vote B. Hearings Assessor Carlson was sworn in by Deputy Borough Clerk Nielsen. Docket No. 1: Anneal #97-01 AT& T dba Claircom Communications Group, Inc. vs Citizens of the Kodiak Island Borough Chair Hackett noted that the Appellant was not present. Assessor Carlson concurred, stating that the appellant wished to make their presentation based on the records that were included in the packets. At the request of the chair, Assessor Carlson read the appeal from Real Estate Tax Services, Inc., the tax representatives for Claircom, requesting that the Assessor incorporate a permanent economic obsolescence factor in the tax valuation formula for assets purchased prior to 1997. He also referred to a copy of the amended personal property filing with a copy of the equipment description, an explanation of the determined fair market value, an estimate of the percent of good life for sale of the equipment, and financial projections for 1996-2001 from Coopers and Lybrant. Assessor Carlson said the property was the down -link equipment for the passenger phones on airplanes. This corporation had a contractual agreement to provide the down -link equipment for operation of the phones. The service had to be provided wherever the planes flew, and service was on the Alaska Airlines jet to Kodiak as well as to other areas outside of Alaska. The case was appealed on their position that the projected income would be lower than the projected expenses. Assessor Carlson took into consideration the cost of the equipment to set the assessed value, and that value was being reduced slower than the property owner would like. He related that computers and cell electronics had a short life, other support equipment had a 10 year life, antennas had a 15 year life, and buildings had a 25 year life. Board of Equalization Page 2 May 13, 1997 Claircom estimated they would lose $80.7 million in 1996 before depreciation but instead had a profit of $49.6 million so that projection varied over $130 million. The appellant could not provide any reason for the dramatic change; however, they felt a huge reduction in the assessment was appropriate. Assessor Carlson felt the facts indicated they would make a profit. The gross income figures for Kodiak do not reflect the transmissions into Anchorage which he felt would be a larger percentage. He did not know the cost to the airlines to provide the service and the equipment, but he understood there was a base monthly cost and then a percentage of the earnings. He said that based on projections for an increase he did not find any justification to reduce the assessment. He walked the Board through a breakdown that determined the assessment. In response to Mr. Hurley, Assessor Carlson said the equipment could not be sold because it was specifically tied to the contract on a special frequency base tied directly to the phones and transmitters in the aircraft. In response to Mr. Fanning, Assessor Carlson said that with the accelerated depreciation schedule the five-year life was accelerated with more written -off over a shorter period of time, but that was not a clear, straight line depreciation. Ms. McNeil understood that, if used, the depreciation schedule affected all taxpayers equally. FINDINGS -OF -FACT: No motion was forthcoming; the assessment was upheld. The chair ended the appeal hearing by stating the following: "According to Appellate Rule 602, you, C the appellant, or the Assessor have the right of appeal to the Superior Court of the State of Alaska from our decision. Should you wish to exercise your right of appeal, you must do so by notifying the Borough attorney and initiating the process within 30 days from today. Failure to do so will forever bar you from any appeal of this case." GENERAL COMMENTS AND QUESTIONS A. Pending Legislation, House Bill 94 Confidentiality of Certain Municipal Tax Records. Assessor Carlson said the Fort Knox Gold Mine approached the state legislature to adopt statewide legislation on records confidentiality. The legislation was written in such a way that it could put the Board of Equalization in a liability situation that would create the need for an executive session to discuss most appeals. He hoped the legislation would be changed to allow appeals in an open meeting and permit the Board to determine the need for an executive session. B. Update on New Assessment Software and FY 98 Goals. Assessor Carlson reported that the Borough and school district HTE, Inc. software for the AS 400 main frame was installed. The package included the Kb Systems Software to be used specifically with the Borough tax program, so this provided a complete computer assessment package. Board of Equalization Page 3 May 13, 1997 Per Kodiak Island Borough Code 3.20.050(E)(9) Certification: The board shall certify its actions to the assessor within seven days following its adjournment ADJOURNMENT With no further business to come before the Board, the meeting was adjourned at 7:57 p.m. 1"Ie- Karenia Hackett Chair Ev aSo di Nielsen, CMC -11--1/ epaty Borough Clerk Board of Equalization Page 4 May 13, 1997