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2009-07-09 Work SessionKodiak Island Borough Assembly Work Session Thursday, July 9, 2009, 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) AGENDA ITEMS: 1. Metals Policy Review 2. Non - Profit Funding Discussion PACKET REVIEW PUBLIC HEARING Ordinance No. FY2009 -01 E Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Account for Various Revenues that are Over Budget, Provide for Additional Expenditures, Budget New Projects, and Move Funds Between Projects. Ordinance No. FY2010 -02 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.40 Records Management, Chapter 2.50 Borough Clerk, Section 2.50.020 Duties, and Chapter 2.55 Engineering and Facilities Department, Section 2.55.010 Engineering and Facilities Department Director. UNFINISHED BUSINESS — None NEW BUSINESS CONTRACTS Contract No. FY2010 -09 Providence Kodiak Island Counseling Center Services to KIB School District for School Year 2009 -2010. *Contract No. FY2010 -01 Kodiak Island Borough Facilities Fuel Oil Delivery. Contract No. FY2010 -10 Recycling Contract with Threshold Services Inc. RESOLUTIONS Resolution No. FY2010 -03 Approving Fiscal Year 2010 Kodiak Island Borough Non - Profit Funding. *Resolution No. FY2010 -05 Appointing Members to the Kodiak Fisheries Development Association. ORDINANCES FOR INTRODUCTION Ordinance No. FY2010 -03 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $80,000,000 to Finance the Planning, Design, and Construction of School and Related Capital Improvements in the Borough Including Without Limitation the Reconstruction and Renovation of the Kodiak High School, and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 6, 2009 Regular Borough Election. Ordinance No. FY2010 -04 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $12,500,000 to Finance the Planning, Design, and Construction of Renewals and Replacements of Borough Facilities; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 6, 2009 Regular Borough Election. OTHER ITEMS - None MANAGER'S COMMENTS CLERK'S COMMENTS MAYOR'S COMMENTS ASSEMBLY MEMBERS COMMENTS FY2010 NON - PROFIT FUNDING BUDGET DETAIL Organization HEALTH & SOCIAL SERVICES 1 American Red Cross 2 Brother Francis Shelter 3 Hope Community Resources 4 Kodiak Area Transit System 5 Kodiak Baptist Mission (Food Bank) 6 Providence Counseling Center (Safe Harbor) 7 Kodiak Island Health Care Foundation (Clinic) 8 Kodiak Women's Resource & Crisis Center 9 Salvation Army 10 Senior Citizens of Kodiak 11 Special Olympics 12 Threshold Services 13 Humane Society HEALTH & SOCIAL SERVICES SUBTOTAL EDUCATION, CULTURE & RECREATION 14 KANA (WIC /ILP /Family Center) 15 Kodiak Public Broadcasting 16 Kodiak Arts Council 17 Kodiak Football League 18 Kodiak Girl Scouts 19 Kodiak Head Start 20 Kodiak Island Sportsman's Association 21 Kodiak Little League 24 Kodiak Teen Court* 25 Audubon Society 27 Kodiak Island Bed & Breakfast Assoc 28 Kodiak Rodeo & State Fair EDUCATION, CULTURE & RECREATION SUBTOTAL *requesting space rent in lieu of cash donation FY09 FY10 FY10 FUNDING REQUEST ASSEMBLY FUNDING $ 7,000 $ 7,000 40,000 40,000 5,000 5,000 10,000 15,000 27,000 35,000 21,060 21,060 15,000 30,000 50,764 50,751 9,060 10,000 28,000 35,000 7,500 7,500 10,315 10,315 2,000 5,000 $ 232,699 $ 271,626 Budget $268,000 Available $268,000 12,000 $ 12,000 7,500 7,500 15,000 15,000 3,000 3,000 1,000 1,000 9,000 9,000 4,000 5,100 3,000 7,500 5,100 5,100 1,300 1,300 5,500 10,000 $ 60,900 $ 82,000 Budget $73,434 Available $73,434 Total Available $341,434 Application Received? 501(c)3 due 4/30/08 on file 04/01/09 04/08/09 04/23/09 03/26/09 04/30/09 04/30/09 04/13/09 04/17/09 04/03/09 03/26/09 04/29/09 04/30/09 04/27/09 04/22/09 04/30/09 04/29/09 04/28/09 04/21 /09 04/07/09 04/30/09 04/30/09 03/31/09 04/01 /09 04/30/09 04/30/09 yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes no no no Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Kodiak Island Borough School District 722 Mill Bay Road Kodiak, AK 99615 Rural Schools Office (907) 481 -6185 0 C!) 0 C June 17, 2009 To The Honorable Jerome Selby and Borough Assembly, I am contacting you on behalf of the Kodiak Island Borough School District Rural Schools program and 4H Club. This year we hope to begin a new program for our students that will offer them the opportunity to participate in a 4 -H air rifle program. We are asking for your help in providing this opportunity. Specifically, we are asking for 14 rifles at a price of $379.99 each for a total of $5,637.86 (includes freight). We work very hard to provide equal opportunities for our rural students and hope we can count on you for this generous donation. On behalf of the children of our rural schools, I thank for your time and consideration and look forward to whatever support you can provide. If you require additional information regarding our program, please contact me and I will be more than happy to answer any questions that you may have. Phil Johnson, Administrator of Rural Schools Kodiak Island Borough School District \ 1 June 24, 2009 Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak, AK 99615 Issue Solution History NICK'S AUTO WRECKING, SALVAGE AND METAL RECYCLING, LLC 12347 Noch Drive Kodiak, AK 99615 (907) 487 -2755 49, IV, DI AK ISLAND BOROUGH CI .ERK :S OFFICE COP H TO A��Sf:: =!B a MAYOR s MANACOt....._ OTHER RE: Landfill Metal and Auto Disposal Fees Dear Honorable Assembly Members: Please accept this letter as a summary of issues and concerns that I wish to discuss with you at your next regular meeting or work session preferably as an agenda item to provide for a more complete discussion. It is my intent to summarize the history of my relationship with the Kodiak Island Borough (KIB) with regard to my business, to set forth what I believe to be unrealistic assumptions in your calculation of landfill fees for scrap metal and automobile disposal and to propose a solution to the current situation. I believe KIB has set its auto disposal and metal recycling rates at amounts that will not allow it to cover its costs. This unfair competition with private enterprise using taxpayer revenue conflicts with the intent and purpose of local government. Due to the Assembly's historical position to remove itself from the metal recycling business, I offer the following as a solution: • KIB will formally advertise that the landfill will no longer accept metals for recycling after 30 days from the original date of advertisement; • The newly hired KIB enforcement officer will devise a plan for monitoring and policing of illegal dumping of metals into local dumpsters; • My business will accept up to 50 tons of incidental scrap metal collected from dumpsters from KIB annually at no cost, or KIB can process the incidental scrap metal itself. Because many of the Assembly members have not been seated since this process began, I offer a little history. Beginning in the early part of this decade, it came to my attention that KIB could not possibly be covering its cost at the landfill by charging only $ 88 per automobile disposal. Also, several assembly members at the time were strongly encouraging KIB to get out of the metal business at the landfill. Along with numerous other contacts and meetings, I met with then temporary Borough Manager Nancy Galstad in March, 2005 regarding the costs associated with KIB auto disposal. The KIB Department of Facilities and Engineering calculated that it cost KIB $ 505 for each auto it accepted. During its next Kodiak Island Borough Assembly June 16, 2009 budget cycle, KIB increased its auto disposal fee to $ 475 per auto and scrap metal disposal fee to $ 275 per ton. Believing that I could provide this service at a lower price and that KIB, under the direction of the Assembly was going to divest itself from the metal business, I secured the required land and equipment, including an auto bailer capable of handling the quantity of autos presented annually, and started Nick's Auto Wrecking, Salvage and Metal Recycling (Nick's). From the beginning, I have charged $ 300 per car disposal and $ 180 per ton for scrap metal disposal, amounts significantly less than that charged by KIB. I have also noted that after the departure of its onsite subcontractor several years ago, KIB didn't ship any recycled metal for almost three years and simply accumulated the scrap metals. This is not a reasonable approach for a land fill that the public is constantly being told is close to capacity. If KIB were to vacate landfill real estate currently being used for its loss generating metal recycling activity, perhaps more room could be made available for solid waste disposal. The community has accepted my business as the location for metal recycling on the Island. During 2007 and 2008, KIB accepted only 376 and 250 tons of scrap metal while I processed 761 and 1,106 tons for the same time period. Accordingly, my business collected 66% of the total scrap metal for 2007 and 81% for 2008. The metal received by KIB in 2007 and 2008 includes metals recycled by the U.S.C.G. Because the U.S.C.G. is now under contract to dispose of its metal at my business, KIB's collection should continue to fall dramatically. Why would KIB want to reverse the direction of metal recycling away from private enterprise and back to a loss generating government activity? Proposed KIB fees I have analyzed the Metal Recycling Cost Estimate included in your most recent budget and note the following. Your proposal assumes that 1,336 tons of quality scrap metal will be brought to the land fill. As previously stated, I believe this number is overstated. Not once in the 5 '/z years that my business has been operational has my metal collection approached this amount. I have taken the liberty of presenting, along with your original budget estimate, what the numbers would look like using more realistic quantities. This analysis is attached as Exhibit A. I do not see any amount contained in the KIB original budget estimate for capital purchases related to equipment to process the metals. If the argument is that the landfill will use existing equipment, I question if current landfill operations are such that there is excess equipment on site not currently being used to its full capacity. Secondly, the automobile crusher at the landfill is old and not capable of handling the quantity of automobiles currently being presented for recycling. I also do not understand how it can be that KIB determined its cost for a recycled automobile in 2005 to be $ 505 but the current estimate is only $ 210 (See Note F at Exhibit A). With all due respect, it is very uncommon for a governmental entity to reduce its cost of operations by 58% in four years. Finally, I find it quite coincidental that your recommend disposal rates are exactly half of the rates I am currently charging. Costs borne by private enterprises There are many costs and risks that private enterprise bears that are not borne by a governmental entity. Taxes, both federal and local, are remitted on the profits and/or values of a privately owned business. Small businesses are normally required to secure financing for major capital purchases thereby incurring 2 Kodiak Island Borough Assembly June 16, 2009 interest charges not borne by governmental entities with deep taxpayer pockets. I also assume the risks related to fluctuations in metal market prices and 2008 was quite an uncomfortable ride. Unlike KIB, the only "inter- fund" transfers available to support my business are those from my own personal resources. Impact on the Community As a small business owner, I pay rents to a local business for the property I use. I have employed two full time and, at times, up to two part time employees. I have paid federal income tax and local personal property taxes. I have allowed local nonprofits and community clean-up programs to dispose of their scrap metal at no charge. I accept, free of charge, cars involved in the local race association's demolition events. In the past, I have provided free cars to local volunteer fire departments for victim extraction training. The KIB plans do not appear to address the need for recycling of non - ferrous metals, a service provided by my business at little profit. In addition, I have made recycled automobiles available to local residents as a source for used automobile parts, something KIB has failed to consistently provide in the past due to the liability risk. This service is very important to those in our community without the resources to secure new auto parts when faced with a major repair. Summary I started my business to provide a service to the businesses and residents of the KIB at a price that was less than what KIB was charging and during a political climate where the Assembly was requesting that KIB remove itself from the metal recycling business. It is not the government's duty to compete with private businesses when comparable services can be provided at comparable prices. The prices and expenses in your current proposed budget are not realistic. My business contributes back to the community in the form of taxes, rents, jobs and cash and noncash contributions and provides services not available in KIB's operational model. Finally, I should not have to appeal my case again and again as the composition of the Assembly changes. The KIB, based upon direction received from previous Assemblies, has reduced its involvement in the recycling of metals to an inconsequential amount. Based upon those actions, I have made capital and "sweat" investments to fill the need. KIB should definitively decide to permanently remove itself from the metal recycling business. Sincerely, NICK'S AUTO WRECKING, SALVAGE AND METAL RECYCLING Nicholas Troxell Managing Member cc: J. Selby, KIB Mayor R. Gifford, KIB Manager 3 EXHIBIT A ATTACHMENT TO NICK'S AUTO WRECKING, SALVAGE AND METAL RECYCLING, LLC LETTER TO KODIAK ISLAND BOROUGH June 24, 2009 REVENUE: A B EXPENSES: C D E F A B C D E F GATE REVENUE 120,240 SCHNITZER VALUE 116,900 237,140 PERSONNEL OVERHEAD SHIPPING REVENUE EXPENSE KIB ASSUMPTION AT 1,336 TONS PER YEAR TOTAL PER TON TOTAL PER TON 90.00 87.50 177.50 91,000 68.11 26,720 20.00 80,160 60.00 197,880 148.11 237,140 177.50 197,880 148.11 39,260 29.39 ESTIMATE NUMBERS USING 1,100 TONS PER YEAR 90,000 87,500 177,500 90.00 87.50 177.50 91,000 91.00 26,720 26.72 60,000 60.00 177,720 177.72 177,500 177.50 177,720 177.72 (220) (0.22) ESTIMATE NUMBERS USING 800 TONS PER YEAR TOTAL PER TON 72,000 70,000 142,000 90.00 87.50 177.50 91,000 113.75 26,720 33.40 48,000 60.00 165,720 207.15 1 42,000 177.50 165,720 207.15 (23,720) (29.65) Recommend metal disposal fee Price of scrap metal in Washington used in KIB original cost estimate. Note that KIB's original estimate assumes that gross weight purchased is gross weight sold. This is especially not true with automobiles. Assuming that personnel would need to be on site whether 1,336 tons or 800 tons of metal are recycled, personnel costs are deemed to be fixed KIB has not presented sufficient detail in its cost estimate to accurately determine how much of these costs are fixed or variable. Tied to quantity shipped. KIB estimated cost per ton, $ 148.11 times 1.5 tons per automobile Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak, AK 99615 Dear Sirs: Sincerely, I work at Nick's Autowrecking, Salvage and Metal Recycling. I used to commercial fish in the winter and summer for several years until fishing took a turn for the worse. Now with the global and national economic downturn, I am fortunate to have a job at Nick's. I am writing to oppose the fee change that has been instituted at the Borough landfill. With the new fee change, I will no longer have a job at Nick's. I am asking that the Borough Assembly to reconsider this decision to lower the fees at the landfill by 2/3. ::.—e Douglas Hoedel ,( 712 Hillside Drive Kodiak, AK 99615 June 24, 2009 June 16, 2009 Kodiak Island Borough Assembly 710 Mill Bay road Kodiak, AK 99615 Dear Sirs: I am currently an employee of Nick's Auto Wrecking, Salvage, and Metal Recycling, LLC. The recent decision by the Borough Assembly to lower the rates at the Borough landfill to 1/3 of the previous rates, puts Nick's business in jeopardy, thus it puts my job in jeopardy. I would like for the assembly to reverse this decision. Thank you very much. Sincerely, William G. Robe William G. Roberts 777 Cottonwood Creek Kodiak, AK 99615 Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak, AK 99615 Dear Sirs: 2765 Thurston lane Kodiak, AK 99615 June 24, 2009 I work at Nick's Autowrecking, Salvage and Metal Recycling. I am writing to oppose the fee change that has been instituted at the Borough Land Fill. With the new fee change, I will no longer have a job at Nick's. I am asking the Borough Assembly to reconsider this decision to lower the fees at the landfill by 2/3. Sincerely, Domingo F Castro Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak, AK 99615 Dear Sirs: P.O. Box 1311 Kodiak, AK 99615 June 24, 2009 I have worked part time at Nick's for about three years. I found work there when salmon fishing took a turn for the worse. Now, with the global and national economic down turn, I am fortunate to find a part time job. With the fee change that was instituted, I will not have a job at Nick's. The Borough Assembly will have made me part of the more than 10% unemployed nationally. But I am only one person. By the Borough Assembly fee change, you have had a broader, far reaching effect on the community as a whole. The Borough Assembly has arbitrarily taken the income from the working class of our community. Instead of having access to recycled auto parts to fix cars to go to work; new, retail parts have to be obtained. Good for some people, but not for those who have reduced hours at work, and have to pay rent, KEA, taxes, not to mention school clothes, food and basic necessities. It is a critical situation for some. I would have gone to the meeting to oppose the fee change if I had known it would have been part of the meeting. I urge the Borough Assembly to revisit this issue and change your vote. Rescind the fee change vote. Help keep people in Kodiak working. I■) ic k Jroxe I \ CH-0 st M C AC7 (--- /9/AV ) 0 �ao11.2, 7ol- 44 1\4 K_(.., el i611'1 6 FAItc-- \AJAiN F- v Li So- 4 a ilit et n H KODIAK ISLAND BOROUGH A WORK SESSION k f unl(6 Work Session of: 1 f 9 / a01Y1 Please PRINT your name Please PRINT your name