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2012-05-01 Regular Meeting - Includes Certification of Board of Equalization Actions, May 1, 2012KODIAK ISLAND BOROUGH Citizens Board of Equalization Meeting May 1, 2012 A regular meeting of the Kodiak Island Borough Citizens Board of Equalization was held on May 1, 2012, 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. Present were Mark Anderson, Cheryl Boehland, Cheryl McNeil, Carrie Morton, John Parker, and Dan Rohrer. Staff members present were Borough Assessor Bill Roberts, Borough Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. Clerk's Note: Mr. Anderson joined the meeting at 7:45 p.m. Mr. Rohrer joined the meeting at 7:48 p.m. and did not participate in the discussion nor did he vote. The Board members and Borough Assessor Bill Roberts were sworn in by Borough Clerk Javier. BOEHLAND moved to excuse Board member Rohrer who was absent. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. NOMINATIONS A. CHAIRPERSON OF THE BOARD MCNEIL moved to nominate John Parker as chairperson. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. B. VICE -CHAIRPERSON OF THE BOARD BOEHLAND moved to nominate Carrie Morton as vice -chairperson. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA MCNEIL moved to approve the agenda of May 1, 2012. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES 1. Special Meeting Minutes of April 19, 2011, and Regular Meeting Minutes of May 5, 2011. BOEHLAND moved to approve the minutes as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Kodiak Island Borough Board of Equalization Minutes May 1, 2012 Page 1 ITEMS OF BUSINESS Hearings Scheduled Docket #2012-001, Appeal No. 2012-02, Appellants: Darlene Christiansen dba Ocean View Lodge, Authorized Representative: Carl Christiansen, Jr. Mr. Carl Christiansen, Jr. was sworn in by Borough Clerk Nova Javier. MCNEIL moved to uphold the Assessor's adjusted valuation of $456,800. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Boehland, Morton, Parker, and McNeil. FINDINGS OF FACT: The Board found the Assessor's methodology in determining the assessment was consistent with the manner in which all properties were assessed within the Borough; therefore, the valuation was not improper or excessive. Clerk's note: These findings of fact were amended on May 3, 2012 to include the following wording: The board found that the appellant did not provide adequate information and evidence that the construction costs were as low as he presented. The majority of the costs and the labor provided by the owner builder were so low regarding square footage costs. The appraiser has to use the market value which does not include or exclude a specific allowance for owner builders. CONCURRENCE WITH FINDINGS/CONCLUSIONS OF LAW: In Favor — Unanimous; Opposed - None. Chairperson Parker ended the appeal hearing by stating the following: "According to Appellate Rule 602, the Appellant or the Assessor has the right of appeal to the Superior Court of the State of Alaska from our final 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 the date of our written decision. Failure to do so will forever bar you from any appeal of this decision." Docket #2012-002, Appeal No. 2012-03, Appellant: Xerox, Inc., Authorized Representative: Benjamin F. Clark, Property Tax Manager; and Docket '#2012-003, Appeal No. 2012-04, Appellant: Xerox, Inc, Authorized Representative: Benjamin F. Clark, Property Tax Manager Appellant and authorized representative were not present. BOEHLAND moved to uphold the Assessor's valuations. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Parker, McNeil, Anderson, Boehland, and Morton. Kodiak Island Borough Board of Equalization Minutes May 1, 2012 Page 2 The Board found that the appellant did not prove that the assessment was improper and excessive, and in fact was in line with the same manner in which other municipalities within the State taxed the value of personal property for office equipment; therefore, the Board found that the assessment was appropriate. CONCURRENCE WITH FINDINGS/CONCLUSIONS OF LAW: In Favor -Unanimous; Opposed - None. Chairperson Parker ended the appeal hearing by stating the following: "According to Appellate Rule 602, the Appellant or the Assessor has the right of appeal to the Superior Court of the State of Alaska from our final 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 the date of our written decision. Failure to do so will forever bar you from any appeal of this decision." GENERAL COMMENTS AND QUESTIONS Parker announced that the Board of Equalization would certify its actions at a special meeting on Thursday, May 3, 2012, 12:15 p.m. in the Borough Conference Room. ADJOURNMENT ANDERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: McNeil, Anderson, Boehland, Morton, and Parker. The meeting adjourned at 8:21 p.m. ATTEST: Parker, Chairperson l cltxj - Nova M. Javier, C, Borough Clerk Approved: May 3, 2012 Clerk's note: Per KIBC 3.35.050 (E1) The board of equalization summary certification will constitute the board minutes. Per KIBC 3.35.050 (E9) Certification. The board shall certify its actions to the Assessor within seven days following its adjournment. Kodiak Island Borough Board of Equalization Minutes May 1, 2012 Page 3 Kd Borough Kodiak Islanoron h Board of Equalization s 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9310 Fax(907)486-9391 TO: Bill Roberts Borough Assessor FROM: John Parker, Chairperson Board of Equalization DATE: May 3, 2012 RE: Certification of Board of Equalization Actions Pursuant to KIB Code 3.35.050 (E1) The board of equalization summary certification will constitute the board minutes. Pursuant to KIB Code 3.35.050(E9) Certification. The board shall certify its actions to the Assessor within seven days following its adjournment. I hereby certify that the attached document accurately reflects the actions of the Board of Equalization at its May 1, 2012 meeting. ATTEST: n' � W uv Nova M. Javier pt, Borough Clerk hn Parker, Chairperson Approved: May 3, 2012