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HomeMy WebLinkAbout04-11-2011 - Supplemental MaterialsCITY OF MEDINA Office of the City Manager Date April 11, 2011 To: Mayor and City Council From: Donna Hanson, City Manager Subject: Looking ahead to 2011 Work Plan Medina City Council 2011 Strategic Goals Hiahway 520: Protect Medina's interests impacted by SR 520 construction project related to lid design, regional tolling, transit, park and ride lot, noise walls, 84th Ave. NE and control of land use adjacent to the 520 right-of-way • Participate in the SR 520 Design/Build Project attending coordination meetings, reviewing project submittals, processing permits, providing technical support and status information to the City Council, providing responses to WSDOT, coordinating with other agencies. • Condition permits to preserve City assets and infrastructure, limit disturbance to City residents, and require full restoration of all impacted area • Negotiate easements and future maintenance agreements to provide a benefit to the City with the least impact to City resources and budget. • Identify potential property turn -back areas to improve the areas adjoining the highway by creating buffers that will require minimal maintenance. Local Traffic: Develop a plan and implementation strategies for traffic safety and calming, to discourage speeding and cut -through traffic, encourage safe pedestrian and bicycle access, and create visible entry points into the City • Administer the completion of the NE 12th Street/Lake Washington Blvd. Traffic Safety Improvement Project, provide project oversight, inspections, process progress payments, project final acceptance, and close out the contract. • Participate in the concept design development for the 84th Ave NE Corridor Improvement Project with the City of Clyde Hill, provide concepts to the City Council for comment, solicit public comment, recommend preferred final design alternative for completion of the contract documents, review 50% and 90% completed contract documents, request authorization for issuance of Call For Bids from the City Council. • Monitor traffic impacts related to freeway construction and on and off ramp traffic to reduce waiting times and improve traffic movement while limiting neighborhood cut - through traffic. Public Safety: Reach a full complement of police staff and promote public safety through policies that support education, emergency preparedness, effective and efficient use of technology in order to maintain a safe and secure community • Continue to recruit and screen for highly qualified police officer candidates • Increase investigative techniques for case closure • Responding to traffic complaint zones and code enforcement issues • Monitor traffic impacts related to freeway construction and on and off ramp traffic to reduce waiting times and improve traffic movement while limiting neighborhood cut -through traffic. • Achieve Law Enforcement Re -accreditation • Continue crime prevention programs to assist citizens awareness on personal safety and protecting property • Encourage officer presence in all schools for children security and safety programs • Implement effective professional training for increased professionalism and better service to the community • Continue and implement technical support for law enforcement proficiency • Emphasis on employee proficiency and encouragement • The Emergency Response Team will continue ongoing training and support to neighborhood preparedness and sheltering efforts • Continued training and coordination with other emergency management partners, and staffing the Volunteer Emergency Preparedness Committee. Facilities and Infrastructure: Develop and implement a capital improvement plan that identifies needed projects and funding for maintenance and upkeep, shop facilities, park expansion, underground utilities, pedestrian walkways and trails, and storm water improvements • Oversee the completion of the City Hall remodel and renovation project. Monitor the construction progress and contract administration with the goal to deliver the project on time and within budget. Conduct final systems operational testing, coordinate the move of staff back into City Hall and the removal of temporary City Hall. • Coordinate with ATC on the renovation and expansion of the City Public Works Shop, move equipment and materials out of the shop building into temporary on -site containers, manage operations to minimize service impacts, coordinate completion of the work, inspect completed work, provide new screening plantings between the park and the shop. • Provide staff support to the Park Board for the amendment to the City Comprehensive Plan, coordinate open house for public comment, draft goals and policies for Board recommendation to the Planning Commission for their consideration. • Continue to implement the storm water management program, provide public education and monitor new construction as required by NPDES Phase II permitting to limit contaminates in storm water and provide awareness of potential actions that can negatively impact surface water quality. Provide quarterly progress reports to Ecology and continue to search for potential funding for the program. • Develop a 6-year capital improvement plan that will identify needed improvements, prioritize them, and program them for implementation. Continue to apply for local, state, and federal grants to provide added financial support for needed improvements. Land Use: Ensure that Medina's Comprehensive Plan, building and zoning codes protects the natural suburban environment and the quality and character of the City through processes that are clear and serve both owners and neighbors • Complete the implementation of new permit tracking software to provide improved coordination in permit review and tracking and recovering the costs associated with permit review • Change from a billing program for recovering costs for consultant review to a deposit draw -down program • Conduct a selection process and enter into an agreement with a firm to provide Hearing Examiner services • Conduct a selection process for engineering, construction mitigation and geotechnical services as part of the on -going evaluation of consultant services • Continue implementing department improvements that make the review process more predictable. This includes updating forms, checklists and other information sources related to permits • Work with planning commission to update Comprehensive Plan and zoning regulations to create a unified development code • Conduct public participation outreach for the shoreline master program update and the comprehensive plan update, draft new regulations, and present for Planning Commission and City Council review • Conduct code enforcement through monitoring, research and investigations • Ongoing plan review and building inspections Finance: Ensure a sustainable budget whereby ongoing revenues meet ongoing expenditures though the development and maintenance of sound financial policies to include but not limited to maintenance of appropriate fund balances • Required yearend closing to include payroll, accounts payable, journal entries, fund balance carryover and bank reconciliations • Implement revenue account processes and monthly tracking for new advance development deposits and utility tax revenue • Coordinate with construction manager to track city hall construction budget • Reconcile 2004 through 2007 Department of Retirement Systems accounts as the last step to correct the previous W2 error • Develop priority financial policies for Council consideration • Develop and implement 2012 budget plan, review and adoption process • Set up remote deposit banking program • Negotiate and implement twice monthly payroll • Research and implement Washington State Pro -card system 0 Monitor development fees for cost recovery of services and possible adjustments Communications and Support Services: Maximize public awareness and involvement in City business with continuous improvement of communication strategies and industry standards to deliver timely information regarding city services, programs, and events • Continue to improve technology and service to city residents with implementation of wireless communications legislation • Implement monthly postcard to highlight community interests items with the ultimate goal to drive residents to the City website and electronic subscription Govdelivery • Increase volume of records available online • Implement personnel guidelines once legal review is complete • Update job descriptions in all departments • Ongoing animal licensing, agenda packets, public records requests, and passports • Archive older financial records and centralize files for HR, Personnel, Payroll, and Benefits. Establish 2011 Budget process for public input, reviews and approval • Ongoing legal public notices • Ongoing employee and department support for benefits, training, labor negotiations, L&I claims • IT desktop support, equipment repair and replacement, permit software and hardware implementation, and phone system support • Public records requests for file search, redaction and records preparation, response to customers, training, as well as records retention and disposal io- cu 0 LL O cu E2 LL V71 CL 5; 76 E U- E (D Ir 'm CL CL CD a- E -0 Z3 co cl. -0 c" 0 w Fw. 2> (D W = a) i 1=0 75 d: cr -0 cz cm , U) 0 0- a) u) a 0 cc E 0 x w a) ca :3 CL 0) < .9 — C,)OLpo' m cm E 0 cOL E U- CD 2 W 4) CL (D -a a) a- FD C) Sap cm �s W 0) 0 Zn- cz E 0 C;) 0 0 0 w w coo cn IT C-L �5 Zz �5 0 C.> 0 0 C W 0 a) fr 1= CL C) w 0 0 — 0 aC Ir E 2! s CL CM 75 CO cr) 0 ui 0 E U.) a -0 E 0 "a E 0) cn N 0 0 0 cc cn 0 0 = m 0 0 0 N co It m COI- co 0 Ll a 96..' 0 27 Q U) c 0 U aD E o cn 0 U c c 2An CrL cz N N Y N N L o Y N :> d _ E 3 U N r co 0 r 0 0 N LL c O tE iC @ N m N N m m m N N y T a O R a o E ¢ O W c @ Q> U 6 LL a to O 7 LL E N > U u- otS CV o � 2 o n- ID S G N o c m 0 d m a x C ? o _ w ¢ G a LL .5 -6 p N 2 o N O o a N V a c O a> N Li d O C rn M cn o 6 c o ¢ u) Adi 0 0 0 6 E �- N N N N N a 7 d N c 0 E N c N h N c N S a 0 E w EI EI EI EI C& >I EI E T C tq �O"l to 4> C T >. 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C ti N pp n ��Dp oo N N vNi O� CAS W C 001= �c 10v 00 ry LC � N o0 a d w emsIt } ^ 7 C C ti h > Iw V7 II w W c co� S s� tyi Sy vUi [ 3 w zU `p `n Q to .ad 3 a 4T Tr F U w k? Ex U OA, 44H o, Q O Donna Hanson From: Lew Leigh [LewL@wciapool.org] Sent: Thursday, April 07, 2011 2:56 PM To: Donna Hanson Subject: RE: WCIA Information Bullet answers in order of request: Medina has belonged since 1985 to a municipal risk pool which was granted enabling legislation in 1981. WCIA is one of 15 state pools operating through an interlocal agreement signed by each member. instead of paying insurance premiums to an insurance company and receiving a policy which covers liability and property exposures of the insurance company's creation, a municipality pools its assessments with other local governments and receives a coverage document which the full board creates to its liking. le, recent coverage improvements in eliminating a terrorism exclusion. The "profits" the pool creates are tax-free and the pool maintains complete control over the exposures it chooses to be exposed to, the members it approves to share financial risk with, the underwriting standards important to the members and the training and education requirements of each member. Each member has one vote in the governance and operation of the pool, elects an executive committee to run the day to day operation and hires staff with insurance company operation knowledge. The pool performs typical insurance functions such as investments, underwriting, claims adjusting, actuarial loss projections and risk management. Significant differences from an insurance company is the pool has complete control over claims settlement and litigation, and is much more aggressive in risk management. The pool attempts to mute the severe hard and soft insurance market price cycles, an advantage in municipal budgeting requirements. Pools are regulated by the State Risk Manager and annually audited by the State Auditor rather than the Insurance Commissioner. Insurance company records and documents are protected by the corporate veil, whereas municipal risk pools are subject to the Public Records Act. The membership annually determines its own coverages to fit municipal practices, philosophies and exposures. It creates its own liability, auto and property coverages. It uses it combined buying power of the group to purchase such coverages as fidelity bonds and special events policies where self-insurance has no particular advantage since the group premiums are quite small. An example of liability coverage is general and auto liability, police enforcement, public officials errors and omissions, employment practice, fire department services and public works operation. Property coverages protect buildings, contents, computer equipment, public works and engineering equipment and incidental structures such as traffic lights, control boxes, public docks and flag poles. The membership has created it's own liability assessment formula, the individual elements and the weighting of each element. An actuary creates each member's annual assessment based in part on a member's own losses, the members peer group combined loss experience and the entire membership's overall experience. The members L&I worker hours are the multiplier of the formula. This is incorporated into the most current five year time period after which the loss experience is deleted from the formula. Loss data enters into the formula as the loss and defense expenses are paid. A member's own losses are given the highest weight, then the peer group losses and finally the entire membership. The concentric circles of a rock being thrown into a still pond is a good analogy with the pond being the entire membership. The formula and the philosophy is presented periodically to the full board in an education session, and taught to each member's board delegate in their city. Because Medina's worker hours are such a tiny fraction of the total group's hours, an increase or decrease in worker hours or loss experience change is not a material factor in its annual assessment. The group's experience is more influential. Medina's 10 year assessment history is: 2011 $96,271 2006 70,002 See also the loss payment a ment chart b Y Y and loss description. le, Land use losses affected 2010 Year and 2011 assessments. 2010 78,321 2005 75,764 2009 65,684 2004 65,579 2008 56,785 2003 66,750 2007 66,092 2002 58,799 • The City of Pacific's membership was terminated in 2001 for flagrant employment practices actions such as multiple employee terminations executed by the mayor without supervision by the claims department, use of personnel defense attorneys or pre -defense review resources. The mayor further refused to be trained in risk management processes. Pacific was terminated mid-term and was refused reconsideration. Various members were disciplined by the Executive Committee or Full Board for poor practices in the form of higher assessments, reduced coverage or heightened required risk management training. From: Donna Hanson [mailto:dhanson@medina-wa.gov] Sent: Thursday, April 07, 2011 1:26 PM To: Lew Leigh Subject: FW: WCIA Information Lew, Thank you for your help. Donna Hanson City Manager City of Medina (425) 233-6400 NOTICE OF PUBLIC DISCLOSURE.' This e-mail account is public. domain. Any correspondence from or to th(s e-muil account may be a public record. Accordingly, this a -mail, in whole or in port, moy be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confide tiolity or privilege asserted by an external party. SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOX! Visit www.medina-vva.¢ov and click on E-Notice Program. From: Shawn Whitney Sent: Tuesday, March 29, 2011 2:11 PM To: Donna Hanson Cc: Patrick Boyd; Doug Dicharry; Bret Jordan; Janie Lee; Mark Nelson; Katie Phelps; Diana Murray Subject: WCIA Information Donna, On behalf of a citizen who is asking questions that I cannot answer (and feel I should be able to with some limited degree of certainty), I would like to propose an agenda item for an upcoming council meeting (April or May). I would like to have you invite the WCIA to speak to the council (and the citizens) on the topic of our insurance pool and the coverage provided. • 1 would like an brief explanation of the pool and how it works and when Medina joined the pool. • 1 would like a description of what the coverage is that we have through them... i.e., liability, auto, buildings, employee bonds, etc. etc. • How the "premiums" are calculated (in elementary school terms) and what the effect is (if any) in general, of claims, costs and settlements. • 1 would like a chart with ten years worth of "premiums" -- or whatever the term is for the annual amount the City pays to them (I believe in January of each year). 2 I would also like indicated on that chart the 'costs'that the WCIA has incurred on the City of Medina's behalf, again i.e., attorney's fees, settlements, etc. I would like that to represent the correlation, if any, between their expenditures on our behalf and the amount of 'premiums' charged in subsequent periods. Please have them include, for our memories, what claim and to whom those settlements were paid. (as a side note: a bar amount indicating each annual cost is fine, but then, please summarize the history of claimants as a separate item) I am visualizing a line graph with the premium amounts year by year and then perhaps a bar chart underneath with the costs incurred by WCIA. If one year is particularly high, I them would like to be reminded why it was high that year. Please let me know if I am not communicating this concept well enough for you to visualize. I would also like a list of all City's (or other government entities) that have had coverage and/or membership terminated (if any) and why, since the inception of the WCIA which I believe was around 1984 based on what's on the front of their website. I await the necessary agreement from the Mayor and/or other council members to this proposal. Fellow council, please direct your replies to the City Manager, I will ask her to notify me of the outcome. Thank you, Shawn Whitney http://www.wciapool.ore/interlocalAgreement.asp Welcome to the WCIA Over the last 27 years WCIA has evolved from the state's original, nine -member pool, to the financially strongest liability -properly pool with over 125 members and over $118 million in assets (as of 12131107). Throughout our evolution we have had one common goal: to aggressively manage our members' financial risk. We are notjust a one-dimensional alternative insurance provider. Rather, a member -driven, self - Insured program in complete control of every operational aspect. As protection from hard market cycles, we offer the largest self insurance layer of any pole funded at a 98% actuarial level, to respond to the "working layer of losses ; with limited reliance upon reinsurance for catastrophic losses. Our strong financial position allows us to offer generous pre -loss training and field -intensive risk management support. We have become each members extended risk management department. Combined with aggressive claims and litigation support, our members have a complete pre -loss and post -loss management program. If you're interested in the 'insureds running the insurance company" concept, go to the Contact Us button to reach us. Shawn Whitney Medina City Council P.D. 144/501 Evergreen Point Road Medina, WA 98039 Please reply to: swhitnev@medina-wa.gov w 0 Q G U. L Q L V Im :�i CN 6A O N 0 0 0 O O 0 0 0 0 0 aS MMd WSMd SMd 2JMd 3Md Mid lid Od vw oil I SUA 1 wm:j 1 Sa Zia ad DOO OOO j �a 0 �a 0 900 r`O dt0 d`O Sr0 610 O O l� D �O 9� O ft, O d� O Od. O .9d. O mod. O 1p 0 f90 f0 O O f �60 001 991 1 8 �!Z S� t !9E 8r. S r Q O CN CD CD CD 3s MMd WSMd SMd NMd 3Md WIld lid Od Vw I'l Slid W11:1 sa Ila 13 (IV o°o �a 0 °o 9°O rl� 6r° 6!O SJO 6�0 Off, O t� O O F� D 9� D O d� O O 9d. O IPA • O 0 f9. O �O O O O O°, t 99l 1 •P sf, z (0 d WA Insurance Authority MEDINA PUBLIC OFFICIALS TRAINING JANUARY 5, 2010 Presented by Lew Leigh, Executive Director CITY COUNCIL LIABILTY VIGNETTES Below are common examples of questionable council action which needlessly generated claims and litigation against the city. Leaking Executive Session Information: The Mayor was using the Authority's Pre -Defense Review program to systematically develop a case for termination of the Public Works Director. Councilpersons Gus and Joe, the Director's best friends since childhood, listened in executive session to the litigation plan outlined by the assigned defense attorney. They could see that Mr. Director was soon to leave. They leaked the defense plan to their friend, who in turn gave it to the press. It was printed on the front page of the local newspaper, alerting the plaintiff attorney to weaknesses in his case. Neither the defense attorney nor the Authority took this very well, and issued sanctions upon the City for future personnel losses. Employment Practice coverage was limited by applying a $50,000 deductible on future personnel losses and a demand that all council persons attend numerous personnel training classes. The makeup of the council changed dramatically in the next election. Leaking potential real estate transactions is also common. A realtor council person leaked a significant town square plan to real estate buddies, which drove the project cost through the roof. Other council leaks increased the purchase price of wet land property needed to balance wet land percentages. Moral of the Story: If you interfere with the defense attorney's confidential work product and increase the City's exposure to loss, your access to our claims and litigation will be protected. Interlocal powers authorize claims and litigation resolution to our Executive Committee. Extension to the Council is discretionary. In all three examples the council person was publically reprimanded, financially sanctioned, and issued a public apology. When asked, WCIA refused to pay legal defense costs. Open Public Meeting Violation: Four council persons wanted to non -renew the city manager's contract. They took great pains not to meet as a quorum, using serial meetings of three to reach a consensus, determine resignation terms and recommend an interim manager's employment terms. They advised the remaining council an hour before the council meeting, rather than in executive or open session. With four votes, they were successful, but incurred needless effort. The remaining council and the public were outraged. A public meeting violation lawsuit was filed by a citizen's group. The council persons were forced to reveal their actions through formal discovery, even giving up their personal computer hard drives and files. A court opinion forced the city to pay both the council persons defense attorney fees and plaintiff attorney fees; over $400,000. The big punishment however, was the public's scorn. Incumbents were not re-elected. Moral of the Story: Public transparency is here to stay. Study sessions and executive session could have determined the issue. The city manager had a slam-dunk case for violation of employment practice/due process rights, but settled for a lucrative resignation instead. Understand public employees have union, employment manual and individual contract rights. Avoid suspicion of process through Open Meeting Act, public or executive session, usage. Inappropriate Council Meeting Remarks: Council person Beatrice always wants to support the public input meeting segment. When a citizen complained about the City's failure to install a "Children Playing" sign in a neighborhood, Beatrice volunteered the Public Works Director to install one. There was no investigation through the MUTCD that it is an illegal sign. Nor was placement based upon traffic volume, site distance or accident history to reach an informed decision. Harold, on the other hand, ignored a five-year accident history to stifle any city intersection modification. He advised, on the record, that this way his way to church, gave him a free -left hand turn, and resisted changing a good thing. Plaintiff attorneys used that admission -against - interest comment to attain a five -zero settlement on behalf of a brain -dead bicyclist. Moral of the Story: Print and TV mediums give the plaintiff the gift of information. Study citizen requests, ask for staff input, and have it respond to the public with knowledgeable information. City staff goes through annual liability training, has access to the Authority's risk management reps and a formal defense attorney counseling program resources, as well as using the City Attorney. Interference with Staff Functions: Council person Clyde stopped a rookie police officer on a side road, berating him for his dress and performance, said he had been keeping an eye on the officer, reviewed his personnel file and criticized his way of policing. The officer went to his union, the City's employment manual (where no council person was listed in the supervisory chain), to an attorney and a no -contact order, and then to the press, just for good measure. Moral of the Story: Each type of elected official needs to know their role. The council's role is strategic, policy -making. City day to day administration belongs to the Mayor or the City Manager, particularly the employment practice function. Unlike private industry, public employees have enhanced job rights, polices, and procedures protected by statue. Council persons are not in the employment practices chain of command. If you observe poor practices, start at the top with the Mayor or Manager. Even starting in the middle of the chain can cause problems. The strategic annual budget process is your check and balance. Land Use Permit Appeal Process: The Council was ecstatic over a big -box store application within the City until it was realized that the artist's rendering included the name W-A-L... on the building's side. Council efforts to frustrate the permit included addition of corporate health benefits as permit elements and refusing multiple egress points through city property. Council newspaper and public quotes of "we'll never let..." even appeared at council sessions, community organization meetings etc. Moral of the Story: Even the most offensive corporate cultures are not part of the permit process. More objective issues such as traffic volume or public safety are more viable hurdles. Going outside the process to show bias, although politically vibrant, create easy plaintiff due - process advantages in court. Shopping for Zoniny,/Code/Ordinance Changes: The Chamber caught the Council's ear wanting to fight back against big chain stores which were putting local Mom and Pop stores out of business. Although the council sought the Pool's Pre - Defense Reviews legal advice, it still shopped for a carefully crafted legal opinion which offered partial help in creating an ordinance allowing only locally owned businesses within city limits. National chains went on full alert. Moral of the Story: This is probably an unconstitutional ordinance, enacted but yet to be enforced. WCIA and this council are at odds over what appears to be an intentional act against clear City Attorney and Defense Attorney advice. If there is a chain -store lawsuit, coverage and defense may not apply. Use of Moratoria The City of Seattle, Kenmore and Bothell all had rolling moratoriums against strip club and similar facilities, extending from 18 months to nine years. A Federal Court judge, often favorable to the Pool in land use litigation, served notice that application for adult entertainment permits should receive the same timely resolution as any other land use action. After Seattle lost $500,000 in litigation, the plaintiff sued Kenmore and Bothell, gaining easy mediation settlements of $350,000 as well. Adult entertainment is protected by free speech and expression civil rights and is now extended to land use processes through two published opinions. Moral of the Story: Moratoria are emergency measures to help preserve the status quo, intended to temporary suspend the right of property owners to submit development application and approvals while cities review and revise comprehensive plans, licenses and regulations. That broad statutory land use authority has now been modified by First Amendment free speech and expression rights. Old ordinances and land use practices should be reexamined and improved by shortening the process, to as little as six months. Rolling land use moratoria is now easy targets for plaintiffs. Council Usage of Electronic Communications Council person Jane twittered the council to meet at a local restaurant to de -stress from that night's council decisions. The invitation reached more than just the council and public activists showed up. One council person, upon entering the front door and seeing that he was about to make a quorum in violation of the open public meetings act, left before he could be counted. Several large -city council persons, using city computers during a public -input session, e-mailed each other as to the veracity of a speaker. When challenged, they had to divulge this public record, impacting the way the City was viewed by the public. Moral of the Story: City official's use or misuse of electronic correspondence can be particularly problematic under the Appearance of Fairness Act when dealing with Land Use issues. Taking Matters Into Your Own Hands: Harold didn't think the City's newsletter did a good enough job so he created his own. He copied (poorly) the City logo, slandered the female public works director and included executive session discussion to make it interesting. He made city policy. Jim and John suspected ineffective police department actions, so they spied upon a drug sting operation, disguising them by using a spouse's car, but they breached the security perimeter, imperiled the officer's safety and blew the potential bust. They drew union grievance, a civil lawsuit, and their own recall action. They asked WCIA and the City to pay their legal bills. Both declined, supported by a State Auditor gift of public funds opinion. Using his outdoor activist election plank, Carl was excited about a regional trail soon to go through the city. He couldn't wait for the trail head to be purchased however, and being an experienced DC-8 Cat driver, cleared the trail head anyway. Negotiations with the land owner ceased and the city lost any leverage. It spent thousands to litigate a land use "takings" lawsuit including an exorbitant purchase price. Perhaps the most blatant act was a councilperson who decided he would single-handedly head off an adverse land use decision by a subcommittee which would impact a local citizen's group. During a TV council session, he gave his confidential city liability opinion by the City Attorney to the group's (plaintiff) attorney. The councilperson opined in error that he was waiving his individual attorney/client privilege. The council directed the police chief to retrieve the document while the plaintiff attorney read furiously, also on camera. Without there being a crime, the attorney kept the document, advancing his intended land use lawsuit. Moral of the Story: Public officials need to know the parameters, often established by RCW, in each other's powers and roles. They also need to differentiate between their public and private opinions. Taking an oath of office may actually limit their actions. Only the entire council can waive attorney client privilege. This councilperson was publicly sanctioned, paid a $500 fine from personal funds, stripped of sub committee assignments, and was forced to issue an apology. WCIA subsidizes many city department and council, cost-free trainings, national accreditations and internal investigations as part of its training and consulting role. Taken to extreme the oath of office won't protect public officials from intentional acts violations, or from committing crimes. Council persons should always have the protection of real, rather than implied, authority. Revised Council Do's and Don'ts ME Washington Cities Insurance Authority (WCIA) is a municipal risk pool. Its 1981 enabling legislation allows it to perform like a private insurance company. One hundred and seventeen cities and regional entities, performing a city function like 911 dispatch agencies, self -insure each other. Through the use of an actuary, the group annually creates over $28 million in assessments to cover liability and property risks. WCIA has over $120 million in assets, of which $37 million is undesignated member reserves to handle contingencies beyond actuarially predicted events. Its administrative budget is $4 million, handles 1,800 claims annually, and spends $6 million in litigating a pending of 300 lawsuits. WCIA is distinguished from an insurance company by the aggressiveness of its litigation defense. We win outright over 71% of our lawsuits, including a police win at the U.S. Supreme Court. To actively reduce the number of claims and lawsuits, it is aggressive in promoting annual risk management and training requirements to each member. All employees and elected officials are required to participate in some manner. This council orientation counts as one type of training. Failure to participate in our systematic training program, called the COMPACT, results in substantial peer -induced financial or coverage -related penalties. The following pie chart identifies significant public official liability losses in comparison with other city departments. In addition, the following charts present the City's overall risk profile by department, compared to its peer members of the Pool. Public official losses largely consist of Mayor/City Manager employment practice activity: i.e., management of personnel. The Council's losses consist of land use issues and interference with administration activity: i.e., deviating from strategic policy making functions, appearance of fairness, conflict of interest, and quasi-judicial due -process violations. The included vignettes identify actual public official losses, emanating from violations of clear RCW-created roles and responsibilities, misassumption of powers, and deviation from city policy. WCIA periodically visits with councils early each calendar year to identify public official conduct which precipitates losses. We hope this is informative and influences conduct. AUTHORITY PHILOSOPHIES Mission Statement: "WCIA will take a leadership role to provide professional risk management and stable risk financing programs that respond to members' needs." Annual Goals: • Assure that WCIA programs are prudently funded and managed to stabilize member assessments. • Maintain prudent growth plan to preserve WCIA's role as a leading pool in the state. • Foster sound risk management practices. • Respond to member needs. Program Control: WCIA believes the Full Board should be fully aware, and in control, of all pool operations. Not a broker, third party administrator or insurance company. In our program, the "insured's" run the "insurance" company. Membership Control: The Authority believes the Full Board and a Committee System should be in complete control of the entire program. And that each member, should fully participate in its risk profile, loss resolution and training. Independence from the Insurance Industry The Authority was punished by the insurance industry in the previous, mid-80's, "hard market cycle". We have steadfastly built a commanding surplus of funds, a large self- insurance layer, and aggressive pre and post loss support programs to insulate us from those market cycles. Remaining liability insurance costs for catastrophic loss is only 3% of our administrative budget, versus 98% for other pools. We use "reinsurance" rather than "excess" insurance. The insurance carrier performs only a checkbook function. Identification of desired exposures, coverage decisions, and claim and litigation decisions for all coverage layers revert to the Full Board. Financial Independence: WCIA has the strongest financials of any Washington Pool. This allows us to assume any exposure or provide any service desired by the Full Board. We have amassed $120 million in assets, a $37 million surplus, and a $4 million administrative budget. Member assessments are annually subsidized by a stable investment income of 5.8% investment yield. Litigation and Claims Management: WCIA believes in aggressive litigation as opposed to loss settlement to discourage unwarranted claims; each member should have direct participation in its claims and litigation, both in pre- and post -loss stages. Pre -Defense Review: Pre -loss services include a $625,000 budget -line item, created to pre -position a member for potential land -use, employment and other management related litigation. This is a cost-free service, requires no member participating funds, and has no adverse coverage exclusion ramifications. Litigation Defense: The Authority uses trial experienced, aggressive, municipal defense experts who customize their efforts to our expectations. We annually win (pay no indemnity damages) in 71 % of all litigation. We include department heads and employees in depositions, mediations and trials. Councils receive frequent defense attorney updates. Our program is active at the U.S. Supreme Court, Washington State Supreme and the Federal 9th Circuit appellate court. Training Commitment COMPACT: WCIA believes a formal, comprehensive training program, coupled with aggressive field risk management services, systematically reduces risk of loss and supplements city operation. Aggressive risk management is an essential, required element of pool membership. A $700,000 budget line item supports a nine -member field risk management team, and a formal COMPACT training program. The COMPACT, which receives strong membership support, provides incentives and penalties to encourage effective risk management and loss control participation. Both mandatory and voluntary elements are provided cost free, often at the member's own location. Consultant and member -specific - training requests, such as development of personnel manuals are welcomed. The field team, cross -trained in claims adjusting, systematically reviews member departments from exposures determined by the Full Board. In addition, they help sustain each member's risk management program with specific service. To insure responsiveness, each member has a risk management representative assigned to them who has no other conflicting role. Assessment Formula: Each member's assessment should largely reflect its own loss experience, its potential exposures and a percentage of pool services; be developed by a professional actuary; openly approved by the Full Board; annually receptive to improved risk man results. AUTHORITY COMPACT ®® HISTORY: The COMPACT is a formal, multi -year program consisting of training, risk management and membership attentiveness elements. The entire membership commits to annual training and risk management efforts while the Authority commits to high -quality resources. Since the late 1980's, it has systematically addressed every municipal exposure. The annual, audited, topics are chosen by the membership and implemented in multi -year increments. An annual $450,000 line item, within a $700,000 Member Services Department budget, is specifically dedicated solely for training purposes. National and local trainers are brought directly to the individual member or nearby regional training sites. In 2008 over 5,739 employees were trained at 268 sites. Unusual to Washington pools, risk management training is a mandatory membership obligation, accomplished largely through this program. The COMPACT has received national honors for meritorious achievement, recognized as a state-of- the-art training program, from the Association of Governmental Risk Pools (AGRIP). TRAINING: After analyzing the ease and enthusiasm with which the original, single training requirement was met, and the large volume of additional voluntary training repeatedly requested, a second mandatory training requirement was added. Unlike the first requirement in which every member trains on the same topic, this training is highly flexible, enhanced by a broad list of topics. A Risk Management 101 series, specific to the individual member's sole need, further adds to program flexibility. This popular session is taught by Authority staff, who actively seeks department employee's participation. Specific risk management problem -solving, within the employees own job environment, are actively pursued. Topics traditionally include police, fire, land use, personnel, public works and parks, plus custom public officials trouble -shooting areas. Updated issues, precipitated by the legislature or court decisions, complete the Authority's COMPACT commitment. SUPPORT: The Risk Management Reps are each assigned a specific member, and are instrumental in ensuring its annual training obligation success. They research each year's first mandatory training topic, to develop a comprehensive checklist of training specifics. Members frequently forward their checklist responses weeks before the Rep personally makes an annual field visit to maximize field time. Members receive personalized assistance in successfully achieving their COMPACT goals. SUCCESS: In the history of the program, only one city failed in its COMPACT requirements and was asked to leave the pool. In 2008, one hundred percent of the membership passed the three training topics, the annual COMPACT field audit, and the Member A**�„*:.,a. while aggressively training in many more areas as well. 2010 COMPACT ELEMENTS ME Organizational Attentiveness Requirements • Attend one Full Board Meeting a year (January, May or October) • Pay Assessments on Time — By January 31' • Appoint a WCIA Delegate and Alternate — update when changes occur • Report Claims in a timely manner — per the Claims Manual policies • WCIA City Attorney must fulfill the City Attorney Attentiveness Requirements • WCIA Member Delegates must attend assigned Delegate Attentiveness Trainings COMPACT 1st Mandatory Training Members are required to attend on training session to fulfill the requirement Attendance requirement — Those responsible for Land Use decision making Training consists of Liability Prevention in the following areas: CTED and PAW courses on Local Planning Land use Liability Updates on Regulations Compliance Permit Center Procedures and the Pre -Application Process Parliamentary Procedure New Trends and Controversial Issues in Land Use Land Use Liability Legislative and Quasi -Judicial Decision Making WCIA Council Do's and Don'ts OMPA, Public Hearings and Public Disclosure Cosponsored Land Use and Elected Official Trainings COMPACT 2nd Mandatory Training Second Mandatory Training compliance requires each member to complete one training from the variety of training programs to include: WCIA Orientations (Elected officials, New Delegates or Member & City Attorneys) WCIA Claims & Incident Training (scheduled years) WCIA Risk Management 101 Series (Fleet, Volunteer, Parks, Council, Fire) Defensive Driving Programs — Auto Liability (Public Safety EVOC and EVAP) Personnel and Employment Law Training for Management and Employees Land Use Liability Prevention (Police, Fire and 911 Communications Trainings) Co -Sponsored Programs (to be advertised) Municipal Certification Programs (Department generated) COMPACT 3rd Mandatory Training Third Mandatory Training compliance requires each member to complete one training from a variety of training programs generated, coordinated and implemented on site. Topics include but not limited to: Risk Management, Safety or any WCIA Orientations or Trainings Note: Group V Interlocal Agencies and Contract Cities training requirements may be adjusted to meet individual entity limitations. PRE -DEFENSE REVIEW PROGRAM In 1989, WCIA implemented a new program to assist Members with potential sensitive exposures. Our pre-emptive "damage control" perspective produced a program called Pre - Defense Review. ProaramDescription: Participation is voluntary. WCIA strongly encourages program use, but it is not yet a requirement for coverage and/or defense. Funding for the program comes from the WCIA Administrative Budget. Pre -Defense Review monies are not included in any individual member assessment calculation or loss cost. • Discretion of the use of the program lies solely with the Claims Manager. The Claims Manager makes determination of the Pre -Defense progression, from incident to claim or litigation status. The program ends once a formal claims status is recognized. The Claims Manager controls assignment of the Pre -Defense Attorney. The same attorney usually continues as the Defense Attorney in any resulting litigation for the purpose of continuity. • Communication and cooperation among team members are required for program success — the team includes the City Attorney, Member Human Resources staff, and particular Department staff, Claims Manager and Defense Attorney. Procedure: • WCIA Member Delegate notifies the WCIA of the request for help. Initial contact may be by phone but should always be followed up with a written request including all backup materials, correspondence, etc. • The WCIA Claims Manager will determine if the Pre -Defense Program applies. • WCIA will assign the issue to the appropriate Defense Attorney. • The assigned Attorney will contact the WCIA Member and work directly with them until the situation is resolved. Examples of Program Usage: Harassment Complaint Disability Accommodation Issues Potential Termination For questions, please contact Ann Bennett, Deputy Director, ClaimE CONSULTATION PROGRAM WCIA provides an assortment of consultation opportunities for its Members. The following provides an overview of the various types of services available: On -Site Analysis: Your assigned Risk Management Representative is available for on -site analysis of risk management exposures common to municipal government, such as playground and building inspections. Your Risk Management Representative is available to attend meetings with department heads and/or staff to discuss your agency's particular risk management issues. Your assigned Risk Management Representative is also available to provide New Member, New Delegate or New Department Head Orientations. The Claims Director is available to provide new Police Chiefs, and City Attorneys and Claims Contact Liability Inquiries: If you have a liability question or concern, your assigned Risk Management Representative is available to research and respond to you either by phone or email. Legal consultations are available to the Membership on a limited basis. These consultations may include legal review of personnel policies or practices, or other general issues that are not particular to a potential claim, but that require the assistance of an attorney. Please contact the Risk Services Manager directly. For questions, please contact Lisa Roberts, Risk Services Manager WASHINGTON CITIES INSURANCE AUTHORITY Balance Sheets As of December 31, 2008 and 2007 ASSETS Cash and Cash Equivalents Accrued Interest Investments Investment in GEM Capital Assets Accumulated Depreciation Accounts Receivable Prepaid Expenses TOTAL ASSETS LIABILITIES AND NET ASSETS Accounts Payable Accrued Vacation Compensation Deposits Payable Property & Vehicle Claims Reserve Reserve for Claims Reserve for Increased Confidence Level TOTAL LIABILITIES Net Assets -Invested in Capital Assets Net Assets -Unrestricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS See Accountant's Report -2- 2008 2007 $8,615,595 $18,509,950 481,491 405,130 99,434,051 92,101,916 892,635 817,652 6,040,645 6,020,133 (879,756) (721,497) 267,458 778,651 232,937 326,859 $115,085,056 $118,238,794 $392,395 $416,579 80,640 69,794 288,693 288,693 890,222 1,568,009 63,421,099 53,242,291 14,298,901 14,785,709 79,371,950 70,371,075 5,160,889 5,298,636 30,552,217 42,569,083 35,713,106 47,867,719 $115,085,056 $118,238,794 WASHINGTON CITIES INSURANCE AUTHORITY Statements of Revenues, Expenses And Changes In Fund Net Assets For The Years Ended December 31, 2008 and 2007 Operating Revenues Member Assessments - Liability Member Assessments - Property Member Assessments - Fidelity Seminar Revenues Total Operating Revenues Operating Expenses Loss & Loss Adjustment Expenses Confidence Level Expense (Reduction) Insurance - Members Salaries and Wages Personnel Benefits Professional Services Claims Adjusting Pre -Defense Review Consultant Legal Actuarial Audit Financial Services Risk Management Audit Rent Transportation Printing Communications Supplies Dues and Conferences Retreat/Board Meetings Depreciation Miscellaneous Repair and Maintenance Seminars and Training Total Operating Expenses See Accountant's Report -3- 2008 2007 $20,965,231 $20,727,026 7,112,447 6,503,79I 76,931 72,397 5,051 13,840 $28,159,660 $27,317,054 $39,943,616 $20,419,979 (486,808) 1,031,811 4,721,764 4,826,625 1,478,612 1,385,765 502,808 418,492 421,351 524,359 469,911 489,527 188,074 241,839 51,377 88,579 26,500 25,500 19,795 15,319 17,981 12,880 9,942 8,150 120,000 120,000 79,138 78,395 14,831 .18,699 26,085 17,884 41,715 44,268 22,199 26,167 27,026 18,216 36,706 49,574 25,161 24,410 6,391 5,708 398,496 349,860 $48,162,671 $30,242,006 0 O CO W o Ri N L1j U d' Q O U) > N O ca J � 0 0 o O 0 O o O O O O O O O O O O o O O O O O O O O O O LO O LO O Ln O ►!� � � 64 � 401)- oS MMd U WSMd U � � g U SMd UMd a d N N N U ii 2 cn cn 3Md en 0 W21d U U- d a ❑ - o Od C d O N 7 U ir- vW U O N � Y i @ a Y I� E Q o a C su:1 Wid O Q SO U NO C U 01 � �J C O y U Q Y _ C O O Y O E a U ❑_ ❑ (9 O En U U U U JtJ > N a Q CD 0 o ii cL d d d o ° U � C m W to c U � NC' O ?s o¢❑u.aaa Vn CD O a o c o �% br9 69 b9 fiH 64 CITY OF MEDINA__ Office of the City Manager Date: April 11, 2011 To: Mayor and City Council From: Donna Hanson, City Manager Subject: Looking ahead to 2011 Work Plan Medina City Council 2011 Strategic Goals Highway 520: Protect Medina's interests impacted by SR 520 construction project related to lid design, regional tolling, transit, park and ride lot, noise walls, 84th Ave. NE and control of land use adjacent to the 520 right-of-way • Participate in the SR 520 Design/Build Project attending coordination meetings, reviewing project submittals, processing permits, providing technical support and status information to the City Council, providing responses to WSDOT, coordinating with other agencies. • Condition permits to preserve City assets and infrastructure, limit disturbance to City residents, and require full restoration of all impacted area • Negotiate easements and future maintenance agreements to provide a benefit to the City with the least impact to City resources and budget. • Identify potential property turn -back areas to improve the areas adjoining the highway by creating buffers that will require minimal maintenance. Local Traffic: Develop a plan and implementation strategies for traffic safety and calming, to discourage speeding and cut -through traffic, encourage safe pedestrian and bicycle access, and create visible entry points into the City • Administer the completion of the NE 12'h Street/Lake Washington Blvd. Traffic Safety Improvement Project, provide project oversight, inspections, process progress payments, project final acceptance, and close out the contract. • Participate in the concept design development for the 84'h Ave NE Corridor Improvement Project with the City of Clyde Hill, provide concepts to the City Council for comment, solicit public comment, recommend preferred final design alternative for completion of the contract documents, review 50% and 90% completed contract documents, request authorization for issuance of Call For Bids from the City Council. • Monitor traffic impacts related to freeway construction and on and off ramp traffic to reduce waiting times and improve traffic movement while limiting neighborhood cut - through traffic. Public Safety: Reach a full complement of police staff and promote public safety through policies that support education, emergency preparedness, effective and efficient use of technology in order to maintain a safe and secure community • Continue to recruit and screen for highly qualified police officer candidates • Increase investigative techniques for case closure • Responding to traffic complaint zones and code enforcement issues • Monitor traffic impacts related to freeway construction and on and off ramp traffic to reduce waiting times and improve traffic movement while limiting neighborhood cut -through traffic. • Achieve Law Enforcement Re -accreditation • Continue crime prevention programs to assist citizens awareness on personal safety and protecting property • Encourage officer presence in all schools for children security and safety programs • Implement effective professional training for increased professionalism and better service to the community • Continue and implement technical support for law enforcement proficiency • Emphasis on employee proficiency and encouragement • The Emergency Response Team will continue ongoing training and support to neighborhood preparedness and sheltering efforts • Continued training and coordination with other emergency management partners, and staffing the Volunteer Emergency Preparedness Committee. Facilities and Infrastructure: Develop and implement a capital improvement plan that identifies needed projects and funding for maintenance and upkeep, shop facilities, park expansion, underground utilities, pedestrian walkways and trails, and storm water improvements • Oversee the completion of the City Hall remodel and renovation project. Monitor the construction progress and contract administration with the goal to deliver the project on time and within budget. Conduct final systems operational testing, coordinate the move of staff back into City Hall and the removal of temporary City Hall. • Coordinate with ATC on the renovation and expansion of the City Public Works Shop, move equipment and materials out of the shop building into temporary on -site containers, manage operations to minimize service impacts, coordinate completion of the work, inspect completed work, provide new screening plantings between the park and the shop. • Provide staff support to the Park Board for the amendment to the City Comprehensive Plan, coordinate open house for public comment, draft goals and policies for Board recommendation to the Planning Commission for their consideration. • Continue to implement the storm water management program, provide public education and monitor new construction as required by NPDES Phase II permitting to limit contaminates in storm water and provide awareness of potential actions that can negatively impact surface water quality. Provide quarterly progress reports to Ecology and continue to search for potential funding for the program. • Develop a 6-year capital improvement plan that will identify needed improvements, prioritize them, and program them for implementation. Continue to apply for local, state, and federal grants to provide added financial support for needed improvements. i_ana use: Ensure that Medina's Comprehensive Irian, building and zoning codes protects the natural suburban environment and the quality and character of the City through processes that are clear and serve both owners and neighbors • Complete the implementation of new permit tracking software to provide improved coordination in permit review and tracking and recovering the costs associated with permit review • Change from a billing program for recovering costs for consultant review to a deposit draw -down program • Conduct a selection process and enter into an agreement with a firm to provide Hearing Examiner services • Conduct a selection process for engineering, construction mitigation and geotechnical services as part of the on -going evaluation of consultant services • Continue implementing department improvements that make the review process more predictable. This includes updating forms, checklists and other information sources related to permits • Work with planning commission to update Comprehensive Plan and zoning regulations to create a unified development code • Conduct public participation outreach for the shoreline master program update and the comprehensive plan update, draft new regulations, and present for Planning Commission and City Council review • Conduct code enforcement through monitoring, research and investigations • Ongoing plan review and building inspections Finance: Ensure a sustainable budget whereby ongoing revenues meet ongoing expenditures though the development and maintenance of sound financial policies to include but not limited to maintenance of appropriate fund balances • Required yearend closing to include payroll, accounts payable, journal entries, fund balance carryover and bank reconciliations • Implement revenue account processes and monthly tracking for new advance development deposits and utility tax revenue • Coordinate with construction manager to track city hall construction budget • Reconcile 2004 through 2007 Department of Retirement Systems accounts as the last step to correct the previous W2 error • Develop priority financial policies for Council consideration • Develop and implement 2012 budget plan, review and adoption process • Set up remote deposit banking program • Negotiate and implement twice monthly payroll • Research and implement Washington State Pro -card system 0 Monitor development fees for cost recovery of services and possible adjustments Communications and Support Services: Maximize public awareness and involvement in City business with continuous improvement of communication strategies and industry standards to deliver timely information regarding city services, programs, and events • Continue to improve technology and service to city residents with implementation of wireless communications legislation • Implement monthly postcard to highlight community interests items with the ultimate goal to drive residents to the City website and electronic subscription Govdelivery • Increase volume of records available online • Implement personnel guidelines once legal review is complete • Update job descriptions in all departments • Ongoing animal licensing, agenda packets, public records requests, and passports • Archive older financial records and centralize files for HR, Personnel, Payroll, and Benefits. Establish 2011 Budget process for public input, reviews and approval • Ongoing legal public notices • Ongoing employee and department support for benefits, training, labor negotiations, L&I claims • IT desktop support, equipment repair and replacement, permit software and hardware implementation, and phone system support • Public records requests for file search, redaction and records preparation, response to customers, training, as well as records retention and disposal 2) -�-Oa aI ;o ol Q YX '.0" 0 co -tf J. 0 6., LL l co M, cr) 4� 777& I'd N ca > 0 "IT cu U- �m !"M �c 72 0 (D is 76 E 0Of •23 as = c— — 0 CL fn E c 0. 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Ongoing Task: Passport Service Customer Service Passport Application Processing AS AVAILABLE Training Public Noticing Posting -Related Duties Ongoing Task, Ongoing Task., Mailings, Notices and Decisions Public Records Requests Customer Service File Search Records Management Training JASAVAILABLE ds Management Ongoing Task: File Management Records Retention and Disposal Scanning/Electronic File Management 7 N N O N iL E N Q d C M N N~ W W i O z L W �O a0 00 O C et 7 N O a N 7 .00 8 u O F o°Go u d h O d a0 7 O V N N cO oo ON C ti W �C ON O 7 py N oG O h N N N p N N h N O R N eV} N O 7 7 ao d C4 � N � NI IU. N o0 00 C 7 L a N �1 M V M 00 h y W U k1 N co d W 3 y aE "a w cam. x C U p -g a z z E+ O 3 U m .a a• E W A U a h Ei i z Rachel Baker From: Please Do Not Click Reply <support@ govoff ice. com> Sent: Saturday, February 26, 2011 4:35 PM To: Rachel Baker Subject: Volunteer Application (form) has been filled out on your site. Your Site has received new information through a super form. Super Form: Volunteer Application Site URL: www.medina-wa.aov Position Applied For:: Civil Service Commission Date: 2/26/11 Applicant Name: Paul Saad Street Address: 8717 Ridge Road Medina Wa 98039 Mailing Address: PO Box 101 Medina WA 98039 Home Phone: (425)451-7390 Work Phone: (425)444-3929 Fax Number: (425)635-0458 Email Address: paulsaad@a.com Employer: Saad Custom Homes Employer Address: 1215 120th Ave Ne Suite 202 Bellevue WA 98005 Years lived in Medina: 25 Briefly describe your educational background: BS Mechanical Engineering BS Industrial Engineering What do you believe is this Committee's role and responsibility?: The Commossions role is to be part of the Civil Service systemt that the city has adapted. Commissioners review the list of candidates for vacancies in the police department. The grades received on the civil service examination are reviewed. Commissioners appoint a secretary/examiner who works for the civil service commission Briefly describe the specific qualifications, abilities and skills that you have, which would be valuable to this Committee: I served 10 years on the Medina Planning Commission including time as chairman. I served several years as the Public Works chairman for the Emergency Prepardness Committee. I have owned a home building company for 35 years working in Medina for 26 years. Running the company has required hiring, training, and evaluating of employees. Working in Medina has given me day to day interaction with all levels of Medina management. Describe any possible areas of conflict of interest that you may have:: None What is your vision for the Medina Community?: Medina is a small town in a large city. We need to keep all the small town characteristics so citizens are willing to interact on issues and feel city hall is there to help them. 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