2008-06-12 Work SessionKodiak Island Borough
Assembly Work Session
Thursday, June 12, 2008, 7:30 p.m., Borough Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda
packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed
when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal
Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of
the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting.
CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
ITEMS FOR DISCUSSION
1. Service Area No. 1 Tax Exemptions fF , +c (,ts5�� S'11 - 10C'LCL IAI YeCOmfnati %tf
2. Appropriating Funds Concerning a Ballot Proposition
PACKET REVIEW (Items with are proposed under consent agenda.)
PUBLIC HEARING
Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24
Borough Attorney by Adding Section 2.24.040 Alternate Counsel.
Ordinance No. FY2008 -01 D Amending Ordinance No. 2008 -01 Fiscal Year 2008 Budget by
Budgeting for Several Grants, State of Alaska Rebate of PERS Prepayments, and Legal Fees in
Excess of Budget.
NEW BUSINESS
CONTRACTS
*Contract No. FY2008 -40 Kodiak Island Borough and City of Kodiak Animal Control
Agreement.
Contract No. FY2008 -26A Amending Contract No. FY2008 -26 Agreement Between the Kodiak
Island Borough and Jensen, Yorba, Lott Inc. for the Apparatus Garage Addition to the Existing
Bayside Fire Hall.
RESOLUTIONS
Resolution No. FY2003 -20G Amending Resolution No. 2003 -20 to Re- Establish Fees of the
Kodiak Island Borough.
*Resolution No. FY2008 -42 Authorizing the Approval of Lease Regarding the Bayside Fire
Hall Apartment with Bob Nimes.
ORDINANCES FOR INTRODUCTION
Ordinance No. FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public
Use Lands To RR1- Rural Residential One Zoning District. (P &Z Case 07 -001.)
OTHER ITEMS
Vacation of a 10 -Foot Wide Utility Easement Located Along the East Side of Bells Flats
Alaska Subdivision, Tract D -2.
MANAGER'S COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLY MEMBERS COMMENTS
On leave: Branson — 06/23 Providence Meeting; 06/24 -28 NISC; 06/30 -07/06 Personal
Friend — 06/12 -? Personal Jeffrey — 06/06 -06/18 Personal
Selby — 06/06 -06/18 Personal
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Nova Javier
)m: Ed [builders @ptialaska.net]
:nt: Friday, June 06, 2008 8:15 AM
o: Nova Javier
Subject: Service District
Nova,
Service Dist 1 asked me to meet with the Assembly to discuss the issue of the exemptions KIB has in place for Service
District residents that front on a state road and do not pay road maintenance taxes. I would request to meet with them at a
work session.
Thanks, Ed
Sections:
4.70.010 Creation and powers.
4.70.015 Service area exemptions.
4.70.020 Board.
Chapter 4.70
SERVICE AREA NO. 1
4.70.010 -- 4.70.020
4.70.010 Creation and powers. Service area no. 1 is established pursuant to Ordinance No. 78-
06-0 and encompasses the area described in that ordinance. Road construction and maintenance
powers shall be provided in service area no. 1. (Ord. 98 -04 ' 2 (part), 1998; Ord. 96 -03 -0 ' 3,4;
Ord. 91 -11 -0 ' 2 ' 5, 1991; Ord. 85 -25 -0, 1985; Ord. 80 -29 -0 ' (part), 1980; Ord. 78 -6 -0 ' 1,
1978; Ord. 77 -35 -0, 1977; Ord. 68 -24 -0, 1968; Ord. 64 -3 -0, 1964.
4.70.015 Service area exemptions. Parcels abutting state - maintained roads whose only access is
on a sate- maintained road and there is no nt
poteial use of service area roads for access within
described boundaries of the service area shall be excluded from road construction and
maintenance and the rate of taxation to finance that service within the service area. The
determination that the parcel receives no benefits from the service shall be made by the manager,
or designee, and is appealable to the assembly. (Ord. 98 -04 ' 2 (part), 1998; Ord. 97 -28 -0 ' 3,
1997).
4.70.020 Board. The service area no. 1 board shall consist of seven (7) members. (Ord. 98 -04 ' 2
(part), 1998; Ord. 91 -11 -0 ' 2 ' 5, 1991).
KODIAK ISLAND
BOROUGH
OFFICE of the MANAGER
MEMORANDUM
TO: Ed Mahoney, Chairman of Service Area No. 1
FROM: Rick L. Gifford, Borough Manager r
DATE: September 27, 2007
SUBJECT: Service Area Exemptions
Service Area No. 1 Board had requested that the Borough review the status of the
service area exemption as provided by KIBC 4.70.015 which allows parcels abutting
state - maintained roads whose only access is on a state - maintained road and there is no
potential use of service area roads for access within described boundaries of the
service area shall be excluded from road construction and maintenance and the rate of
taxation to finance that service within the service area.
The Borough attorney has reviewed Ordinance 97 -28 that established the exemption
and has determined when Ordinance 97 -28 was adopted, it was appropriate and met
state statutes that were in effect at that time.
With the passage of HB185 amendments to AS 29.35.450, the Assembly may now add
subdivisions or parcels that are accessed through maintained service area roads to the
service area without a vote of the voters residing in the proposed addition or the existing
service area. In addition, the amendments allow the Assembly to change the
boundaries of a road service area to exclude a subdivision or parcel that does not rely
on the use of roads maintained by the service area.
The amendments referred to above allow the Assembly to make certain adjustments to
road service areas without voter approval. The current exemption from road service
and road service area taxes is an operational issue allowed by KIBC 4.20 which states
that financial issues such as the exemption are operational. And, operational decisions
regarding service districts can be made by ordinance under AS 29.35.450 (a).
Therefore, it could be an Assembly decision to keep the exemption or to delete the
exemption.
Cc: Mayor and Assembly Members
Woody Koning, Director of Engineering and Facilities
Attachments
FILE COPY
HB 185 - AN ACT ENTITLED "An Act relating to certain municipal service areas that
provide road services."
BE IT ENACTED BY THE STATE OF ALASKA:
* Section 1. AS 29.35.450 (c) is amended to read:
(c) If voters reside within a service area that provides road, fire protection, or parks and
recreation services, abolishment of the service area is subject to approval by the majority of the
voters residing in the service area who vote on the question. A service area that provides road,
fire protection, or parks and recreation services in which voters reside may not be abolished and
replaced by a larger service area unless that proposal is approved, separately, by a majority of
the voters who vote on the question residing in the existing service area and by a majority of the
voters who vote on the question residing in the area proposed to be included within the new
service area but outside of the existing service area. A service area that provides road, fire
protection, or parks and recreation services in which voters reside may not be altered or
combined with another service area unless that proposal is approved, separately, by a majority of
the voters who vote on the question and who reside in each of the service areas or in the area
outside of service areas that is affected by the proposal. This subsection does not apply
al to a proposed change to a service area that provides fire protection services that would result
in increasing the number of parcels of land in the service area or successor service area if the
increase is not more than six percent and would add not more than 1,000 residentsi
[. THIS SUBSECTION DOES NOT APPLY] in a second class borough to abolishment of a
road service area or consolidation of two or more road service areas if
[(1)] taxes have not been levied in the service area for road maintenance or construction
during the last 12 months and there is no balance in any account available to pay for these road
services for the service area;
0 [(2)] during the last 12 months, the service area board has not met with a quorum present and
in accordance with law; or
[(3)] there are no road maintenance contracts in effect for the service area or the existing
road maintenance contracts fail to provide for minimum road standards required by law that are
necessary to protect the borough from civil liability
(3) to require approval by the voters residing in a subdivision proposed to be added to a
road service area if roads maintained by the service area provide the only access to the
subdivision or provide access to the subdivision that is required by the subdivision plat or
by other regulation or ordinance.
(4) to a change in the boundaries of a road service area to exclude a subdivision that does
not rely on the use of roads maintained by the service area for the subdivision's only access
or for access that is required by the subdivision plat or by other regulation or ordinance.
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Sec. 15.13.145. Money of the state and its political subdivisions.
Sec. 15.13.145. Money of the state and its political subdivisions. (a) Except as provided in (b)
and (c) of this section, each of the following may not use money held by the entity to influence
the outcome of the election of a candidate to a state or municipal office:
(1) the state, its agencies, and its corporations;
(2) the University of Alaska and its Board of Regents;
(3) municipalities, school districts, and regional educational attendance areas, or another
political subdivision of the state; and
(4) an officer or employee of an entity identified in (1) - (3) of this subsection.
• Money held by an entity identified in (a)(1) - (3) of this section may be used to influence the
come of an election concerning a ballot proposition or question, but only if the funds have
been specifically appropriated for that purpose by a state law or a municipal ordinance.
oney held by an entity identified in (a)(1) - (3) of this section may be used
(1) to disseminate information about the time and place of an election and to hold an election;
(2) to provide the public with nonpartisan information about a ballot proposition or question or
about all the candidates seeking election to a particular public office.
(d) When expenditure of money is authorized by (b) or (c) of this section and is used to
influence the outcome of an election, the expenditures shall be reported to the commission in
the same manner as an individual is required to report under AS 15.13.040. (§ 24 ch 48 SLA
1996)
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Mr. Abell
Ms. Branson
Mr. Friend
Ms. Jeffrey
Ms. Lynch
Mr. Oswalt
Ms. Stutes
TOTAL
In case of a tie
Mayor Selby
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Mr. Abell
Ms. Branson
Mr. Friend
Ms. Jeffrey
Ms. Lynch
Mr. Oswalt
Ms. Stutes
IGE THEIR VOTE?
TOTAL
In case of a tie
Mayor Selby
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Ms. Branson
Mr. Friend
Ms. Jeffrey
Ms. Lynch
Mr. Oswalt
Ms. Stutes
NYONE WISH TO C
TOTAL
In case of a tie
Mayor Selby
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Mr. Abell
Ms. Branson
Mr. Friend
AaJHar 'sa
Ms. Lynch
Mr. Oswalt I
LAns. Stutes
TOTAL _
In case of a tie
Mayor Selby
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Mr. Abell I
Ms. Branson I
Mr. Friend
Ms. Jeffrey I
Ms. Lynch I
Mr. Oswalt
Ms. Stutes 1
TOTAL
1 In case of a tie
Mayor Selby
0
SLAND BOROUGH ASSEMBLY ROLL CALL SHEET
Cl/assembly/roll call sheet