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HomeMy WebLinkAbout04102017 City Council Laydowns 4/10/2017 Kenai Peninsula Borough-Meeting of Assembly on 4/4/2017 at 6:00 PM 4 1 0 ii aN/� ` ��,►► sG� ped Cr 4c•- Kenai Peninsula Borough `�.41. 144 North Sink* Scrim Soldotna,Alaska 99989•(907)262-4441 •(907)262-1892 Fax Assembly/Clerk Home Legislation Calendar Assembly Committees Members 2014 Meetings 2013 Meetings Prior History O D OShare Alerts Please rate:this meeting's minutes have not been finalized yet.Actions taken on legislation and their results are not available. Details Meeting Name: Assembly Agenda status: Final Meeting date/time: 4/4/2017 6:00 PM Minutes status: Draft Meeting location: Assembly Chambers Published agenda: — Agenda Published minutes: Not available Meeting video: 'Video eComment: Not available Attachments: 40417 Action Acenda Meeting Items(27) 27 records Group Export Show:Legislation only File* Ver. Agenda C Name Type Title Action Result Action Details Video KPB-1141 1 Minutes March 21,2017 Regular Assembly Meeting Not available Not available Minutes 2016-19-3Q 1 Budget Ordinance An Ordinance Appropriating Supplemental Not available Not available Funding In The Amount Of$65,000 for Legal Costs Relating To Defending the Borough against a Complaint Filed With the Regulatory Commission of Alaska(Mayor) 2017-030 1 Resolution A Resolution Approving Twenty-Seven Not available Not available Unincorporated Communities for Participation in the State's Fiscal Year 2018 Community Assistance Program(Mayor) 2Q17-031 1 Resolution A Resolution Approving the Updated Kenai Not available Not available Peninsula Borough Fund Balance Policy(Mayor) 2016-19-31 1 Budget Ordinance An Ordinance Accepting and Appropriating Not available Not available $37,500 from the U.S.Fish and Wildlife Service, Partners in Fish and Wildlife Program to Supplement the Donald E.Gilman River Center Public Fishing Area Restoration Project(Mayor) 2016-19-32 1 Budget Ordinance An Ordinance Appropriating Commercial Not available Not available Passenger Vessel Tax Proceeds Received from the State of Alaska in the Amount of$486,380 Allocating$458,750 to the City of Seward and $27,630 to the City of Homer(Mayor) 2016-19-33 1 Budget Ordinance An Ordinance Approving and Appropriating a Not available Not available Grant in the Amount of$15,500 from the State of Alaska Division of Homeland Security and Emergency Management to Purchase Geographic Information System Software (Mayor) 2016-19-34 1 Budget Ordinance An Ordinance Authorizing the Acquisition of Not available Not available Real Property Located at 354 Tyee Street, Soldotna,Alaska on Behalf of Central Peninsula Hospital for a Withdrawal Management Services Facility,Appropriating$750,900 from the Central Peninsula Hospital Plant Replacement and Expansion Fund for the Purchase and Remodel of the Property,and Authorizing an Amendment to the CPGH,Inc. Lease and Operating Agreement(Mayor) 2016-19-3 1 Budget Ordinance An Ordinance Appropriating Supplemental Not available Not available Funding in the Amount of$25,000 for Legal Costs Relating to Defending the Borough and Mayor Against a Complaint for Injunctive Relief Filed by Assembly Member William"Willy" Dunne(Mayor) 2017-05 1 Ordinance An Ordinance Authorizing the Director of Not available Not available Finance to Accept the Late Filed Grant Application for the Sterling Senior Citizen Program(Mayor) 2017-06 1 Ordinance An Ordinance Amending KPB Chapter 22.40 to Not available Not available Add Provisions Governing Telephonic Participation in Assembly Meetings by Assembly Members(Cooper,Ogle)(Hearing on 5/2/17) https://kpb.legistar.com/MeetingDetail.aspx?ID=519006&GUID=B03E3A2C-122D-4CE1-8F75-9F70D944CFCE&Options=info&Search= 1/3 4/10/2017 Kenai Peninsula Borough-Meeting of Assembly on 4/4/2017 at 6:00 PM Title Action Result Action Details Video File a Ver. Agenda YPe Not available ilable Not available Marijuana License Approving the Issuance of a Letter of Non- KPB-1119 1 Objection to the Marijuana Control Board Regarding the New Retail Marijuana Store License Application Filed by Croy's Enterprises, LLC,Soldotna,AK(Referred to Finance Committee)Subject to the following conditions: 1.The marijuana establishment shall conduct their operation consistent with the site plan submitted to the Kenai Peninsula Borough.2. There shall be no parking in borough rights-of- way generated by the marijuana establishment. 3.The marijuana establishment shall remain current in all Kenai Peninsula Borough tax obligations consistent with KPB 7.30.020(A).4. The marijuana establishment shall not conduct any business on,or allow any consumer to access,the retail marijuana store's licensed premises,between the hours of 2:00 a.m.and 8:00 a.m. KPB-1120 1 Marijuana License Approving the Issuance of a Letter of Non- Not available Not available Objection to the Marijuana Control Board Regarding the New Standard Marijuana Cultivation Facility License Application Filed by K Beach Reef,Soldotna,AK Subject to the following conditions: 1.The marijuana establishment shall conduct their operation consistent with the site plan submitted to the Kenai Peninsula Borough.2.There shall be no parking in borough rights-of-way generated by the marijuana establishment.3.The marijuana establishment shall remain current in all Kenai Peninsula Borough tax obligations consistent with KPB 7.30.020(A). KPB-1121 1 Marijuana License Approving the Issuance of a Letter of Non- Not available Not available Objection to the Marijuana Control Board Regarding the New Standard Marijuana Cultivation Facility License Application Filed by Fat Tops,LLC,Soldotna,AK Subject to the following conditions: 1.The marijuana establishment shall conduct their operation consistent with the site plan submitted to the Kenai Peninsula Borough.2.There shall be no parking in borough rights-of-way generated by the marijuana establishment.3.The marijuana establishment shall remain current in all Kenai Peninsula Borough tax obligations consistent with KPB 7.30.020(A). KPB-111$ 1 Petition to Vacate Petition to Vacate public rights-of-way and Not available Not available associated utility easements in the Ridgeway area as follows:a.Vacate Loon Avenue,a 60- foot wide right of way and vacate the western 45 feet of Big D Road(60-foot width remaining as dedicated on Derk's Lake Subdivision Addition No.1,KN 1979-09)as originally dedicated on Mallard Lake 1978,KN 1979-90. b.Vacate the 5-foot associated utility easements adjacent to the north boundary of Loon Avenue and the west boundary of Big D Road;c.Vacate the 10-foot utility easement along the north boundary of Lots 4,5,and 6, Block 5 of said Mallard Lake 1978 have been petitioned for vacation.d.Vacate the 1 0-foot utility easement dedicated along the southern boundary of Tract D of said Derk's Lake Subdivision Addition No.1 and as shown on Lots 1,2,and 3,Block 6,Mallard Lake 1978 [Clerk's Note:the above referenced petition to vacate was approved by unanimous consent at the March 13,2017 Planning Commission meeting.] KPB-1142 1 1. Proclamation Mayor's Proclamation declaring April 2017 as Not available Video Sexual Assault Awareness Month KPB-1143 1 2. Proclamation Mayor's Proclamation declaring April 9-15,2017 Not available * Video as Public Safety Telecommunicators Week KPB-1124 1 1. Presentations with 'The Economic Impact of the Cannabis Not available ►'video Prior Notice Industry"Presented by Dollynda Phelps(10 Minutes) 128-1135 1 a. Agreement/Contract Authorization to Award Contract for ITB17-018, Not available Not available Eddy Hill Drive,Haleys Way and Kylss Court Road Improvement Assessment District(RIAD) Project No.EDDYH to Foster Construction,Inc., Soldotna,AK https://kpb.legistar.com/MeetingDetail.aspx?ID=519006&GUID=BO3E3A2C-122D-4CE1-8F75-9F70D944CFCE&Options=info&Search= - 213 4/10/2017 Kenai Peninsula Borough-Meeting of Assembly on 4/4/2017 at 6:00 PM File* Ver. Agenda* Name Type Title Action Result Action Details Video JCPB-1136 1 b. Agreement/Contract Authorization to Award Contract for ITB17-017 Not available Not available South Peninsla Hospital Operating Room HVAC Renovations to Blazy Construction,Inc., Soldotna,AK KP1L1137 1 a. Mayor's Report Litigation Status Report Not available Not available 2017-032 1 Resolution A Resolution Amending the Kenai Peninsula Not available ►'Video Borough Assembly Manual Section IX(D) Relating to the Policy for Providing an Invocation(Dunne) 2017-032 1 Resolution A Resolution Amending the Kenai Peninsula Not available P'Video Borough Assembly Manual Section IX(D) Relating to the Policy for Providing an Invocation(Dunne) 2017-032 1 Resolution A Resolution Amending the Kenai Peninsula Not available Jr Video Borough Assembly Manual Section IX(D) Relating to the Policy for Providing an Invocation(Dunne) 2017-032 1 Resolution A Resolution Amending the Kenai Peninsula Not available r meg Borough Assembly Manual Section IX(D) Relating to the Policy for Providing an Invocation(Dunne) 2017-032 1 Resolution A Resolution Amending the Kenai Peninsula Not available .r yam Borough Assembly Manual Section IX(D) Relating to the Policy for Providing an Invocation(Dunne) 2017-032 1 Resolution A Resolution Amending the Kenai Peninsula Not available r Y1dtd Borough Assembly Manual Section IX(D) Relating to the Policy for Providing an Invocation(Dunne) haps://kpb.legistar.com/MeetingDetail.aspx?ID=5190064GU ID=B03E3A2C-122D-4CE1-8F75-9F70D944CFC E&Options=info&Search= 3/3 4'JfA Birch Horton Bittner & Cherot a professional corporation William A.Earnhart Respond to Anchorage Office T 907.263.7285 • F 907.276.3680 weamhart@bhb.com April 6, 2017 Mayor and Members of the City Council City of Seward P. O. Box 167 Seward, AK 99664 RE: City Attorney Report for the Period March 11, 2017 through April 7, 2017 Dear Mayor and City Council: The following summarizes our activities as City Attorney during the period March 11, 2017 through April 7, 2017: 1. General Matters: The City Attorney's office provided advice and worked on various matters including legal aspects of the officer review process and several public record requests; a lease assignment and a lease extension; revision of the Land Use Guidelines and use of referendum therein; and substantial work on the role of Council members in monitoring administrative employees. We also participated in a number of discussions regarding public process. I have attached to articles shared with Council in 2003 relating to the Council- Manager form of Government that still provide applicable guidance. 2. Litigation: In the Orion litigation, costs and fees of just under $19,000.00 have been awarded to Seward and we prevailed against Orion's Motion for Reconsideration. Orion has appealed the judgment and is unwilling to discuss settlement, even at a court-ordered conference. Orion has posted a bond for the outstanding judgment and had until February 13 to file its brief on appeal, but requested an automatic extension. We have received the Appellant's brief and are putting the final touches on our response brief. We are also addressing motion practice regarding the appellate record. 3. Electric Utility: We continue advising and participating in negotiations to protect the City's interests regarding the Bradley Lake agreements. There are some upcoming deadlines that will hopefully bring this matter to a conclusion. The total number of ours billed by the firm on general matters was 50.7. 1127 West Seventh Ave.,Anchorage,AK 99501-3301 1156 15th St. NW,Ste. 1020,Washington,DC 20005-1754 T 907.276.1550•800.478.1550•F 907.276.3680 T 202.659.5800•F 202.659.1027 507486\1002\00604048 Birch Horton Bittner & Cherot °professional ""-p'°`"n' Mayor and Members of the City Council April 6, 2017 Page 2 of 2 Please contact me if you have any questions or desire further information on any of the matters discussed above. Sincerely, BIRCH HORTON BITT : . -EROT William A. Earnhart WAE:alk cc: Jim Hunt, City Manager 507486\1002100604048 • i Hog 04 03 0S: 14a Sar-.7,11 Spanos 907:224-409B -. . Y,37 /00 1 I And the hardworking women, litii WORKS!IUP __. . about important issues and cvc;tt:, '—" --- before they read about them in who arc all too often relegated to the re theylres. Staff should them clerical positions: How much arc Clear Expectations corn- the good solid jobs they do day in p municste regularly and systernati- and day out worth?What about Are Key to Successful catty, providing all councilmembeis equitable and consistentan the police dispatcher who tries to Council/Staff with with anof information. calm a screaming mother who has panicked about.her choking child, IN'J-,,latI011ShIpS Implementation of council 1roi- and won't give her address?And icy. Staff should faithfully imple- the librarian who teaches a child : ;ing as an effective link be- ment the council's intent,follow- to use the reference files?The t •.en the council and staff may ing through on all instructions and secretaries who must cope with he most important role of a lo- reporting back progress and results. j irate citizens who need someone t • government manager. Councils Performance and professional- to vent their wrath on? staff often have legitimate ism. Local government proles- We count so much on these divergent ent views,which are a sionals are highly trained; the people to handle emergencies, like ..tral consequence of the per- council should be able to expect resuscitating heart attack victims .wives from which each group professionalism, good manners,se- I and putting out fires,and to do t vs the world.The manager of- rims effort,and hijh•quality work undesirable work such as cleaning • serves as a translator and front staff. Because their behavior pens in an animal shelter,opening , Aitator,ensuring that the court- reflects on the agency,stall'mein- , clogged sewer lines,and making ed and staff work as a team and hers should conduct themselves next-of-kin calls for traffic fatali- that natural differences of per- with dignity on and off the job. tics. Yet why do we perpetuate , etive don't detract from corn- Public service professionals should the myth that they are second I m goals. feel and demonstrate dedication. class?One needs to ask,"What Realistic and appropriate mu- Creativity.The staff should be would wt do without them?" 1 „ul expectations are fundamental resourceful and innovative in its City hall workers arc neither olthe success of council/staff re- approach to problems.To thrive lazy nor stupid.They arc the 'cions. While the guidelines that in the eighties, local governments same as the rest of the world,sus- low are neither new nor earth- need energetic and creative fico- . ceptible to pressures,anxieties, laking,they can serve as a broad ple in leadership positions.The motivations, fears,and whatever Isis for the review and discussion council should not only expect in- else affects the behavior of all :ouncil/staff relations. novation from staff but should working people. But most of all, also applaud it. stat councils can and should The olic makin rero utit�e. • like the resthoof us,theyhard. are good reef from professional staff) Staff should be able to distinguish i people who work hard. Still. the question remains: mplete staff work. The staff is between what is policy and what "Why can't the public give these .:d to analyze information and to is not.Policy matters should be people their due?"Is it ignorance, +..kc policy recommendations to brought to the council for consid- • stereotyping,callousness, or some •:council. The council isn't obli- eration, and the resulting decision combination thereof'? Is it bitter- :•:led to agree with each staff tee- should be conscientiously implc- , ness,or simply a feeling that by enendation,but it is entitled to mented. If it is unclear whether a virtue of paying taxes we"own"a :benefit of one. (Exceptions to matter is a policy issue, it is best cop or street maintenance worker? ..is rule are areas considered to assume that it is and bring it • I don't believe it is any of this. orictly council prerogative.)The before the council. My theory is that it is the myth. .ntcil, manager,and staff should Loyalty. The staff works for the America is a country of research- t understand when a recommen- council and should support the crs and writers,but I have yet to tion is expected and what con" council in every reasonable way in i rend any legitimate empirical :uses complete staff work. dealing with other agencies. etre data that support the idea that Waking hard decisions easier. ployecs, the press,etc. Negative I front-line workers at city hall . problem clearly stated is hall' comments can seriously damage t aren't willing to work as hard as .,,Ived."The stuff has the time the trust on which good council/ 1 other folk.When I do, I'll con- .d expertise to wade through the staff relations are founded. cede my argument. Until then.I .st detail that surrounds a tom- Long-term planning.The daily hope the critics of city hall work- .cited matter;it is the staff's brushfires of local government crs will withdraw theirs. PM o to analyze complex problems call for quick, pragmatic re- d identify issues and alterna- spouses, but time must be made --William F. Kirchhoff eves. for strategic management. The City Manager Comrmnricat/mt.Council- staff should give adequate attcn- Arlington,Texas ,.embers have a right to know tion to long-term planning, par- 1 08-04-03 09 : 15 RECEIVED FROM:907 224 4098 P . 02 Rug 04 03 09: 14a Sarah Spanos 907-224-4099a. f' . a • ticularly in areas such as financial signments should be directed to staff member should never be rep- management and capital facilities. the manager and should originate rirnanded in public; if a problem The council/manager plan. in a censcnsus of the council,not arises,the council should alert the Both the staff and the council with individual councilmembers. manager, who can then handle the must respect the lines of authority Councilmembers should contact situation quietly and privately. laid out in the plan. Staff mem- staff directly only when the pur- The council should also respect bets hold a strategic position, pose is to communicate informs- the staff's administrative and from which it is possible to under- lion--e.g.,to report on conditions technical expertise. Although it mine council's policy prerogative, or describe a problem. Individual may not choose to accept a staff but to do so fosters mistrust. councilmembers should not con- recommendation,there is no need Responsiveness w citizens. Lo- tact staff with special requests. to be harshly critical of the tee- cal government exists to serve the Setting priorities. When the ornmendation in order to justify , public,and staff can reasonably council barks,the staff jumps— selecting another course. be expected to be responsive to but only so much work can be un- The council and the staff will citizens' needs.Just as the staff' dertaken at one time,and the function best as a team if the communicates regularly and ef- council should bark only when it council is forthright in dealing fectively with the council, it is important_When the volume of with the staff,creating trust and should communicate with citizens work exceeds available staff time, cooperation. j{ and solicit their views. Complaints the councils should set clear prior Councilmembers should try to should be handled quickly and ities---and authorize outside assis- be problem solvers,not just crit- systematically. tance if necessary. ics.Although criticism is some- Teamwork.The council should times necessary,it should be What the staff can(and should) work as a team and should view placed in a constructive context, expect from the council itself as part of a team that in- Responsiveness to new ideas. Iliring—and keeping—top-dual- eludes staff.Councils should sup- Creative staff work should be en- ily employees.The council should port and encourage team-building couraged and supported by the be willing to pay a competitive activates, perhaps including the council. As long as new ideas wage so that the best possible use of an outside facilitator to have been carefully thought staff can be hired and retained. conduct team-building sessions. through, the council should not be Stinginess in compensation usu- Performance goals and evalua- afraid to try innovative sugges- ally proves to be"penny wise and tions. Expecting and rewarding tions from staff. pound foolish."The council high performance is contagious; Leadership.The behavior of should also support open and corn- staff members are more likely to councilmembers—both in public pctitive recruitment when it is perform well if they feel that ex- and in private—should reflect the clear that quality would be corn- cellencc is what is expected of trust placed in them as leaders of promised by a strict policy of pro- them--and if the council notices the community. In dealing with noting from within. and supports achievement. staff,councilmembers should Clear policy direction. The in- The council should periodically keep in mind that they are deal- tent of council policy should be evaluate its own effectiveness, ing with employees who look to stated clearly and unambiguously. communication,roles, expeela- them for guidance and support. Staff members cannot properly tions,and teamwork. Self-evalua- Saying no.Councilmembers implement policy unless they fully tion may be difficult,but it can need to be able to say no,whether understand it,and it is the respon- make for a more effective council, it's to citizens or to staff. Being sibility of council to be sure that Creative and positive confronta- too indulgent exacts a big price they do. Once policy has been set, tion can be useful in overcoming tag in the long run. administration should be left to unstated difficulties that can ob- Although this list does not the staff. Although it may be struct a good working relationship. cover every possible contingency, tempting to get involved in ad- The council should also periodi- it can serve as a basis for defining ministration,Councilmembers cally evaluate the manager,crite- expectations. Reviewed thought- should take the "high road":set ria for such evaluations should be fully and regularly,it can lead to broad policy direction, leave irn- made clear from the beginning, better understanding between plcmcntation to staff,and confirm and the result should be specific councils and staff. PM afterward that the intent of policy suggestions from the council has been fulfilled. about performance. --Terrence I.. Ellis Instructions to staff.The coun- Respect, honest, and construe- City Manager cit should give instructions to the live i,'ticism,The council should Kirkland, Washington and staff in a manner that accords show persona]and professional re- Kevin C.Duggan a ith the principles of the council/ spect for staff; trust is essential to City Manager manager system. For example,as- good council/staff relations. A Campbell,California 08-04-03 09 : 17 RECEIVED FROM:907 224 4098 P. 03 The Council-Manager Form of Government: Answers to Your Questions Q: What is the council-manager form of government,which is used in so many cities,towns,and counties? A: The council-manager form is the system of local government that combines the strong political leadership of elected officials in the form of a governing body,with the strong managerial experience of an appointed local government manager.The governing body, commonly known as the council,may also be referred to as the commission or the board. The council-manager form establishes a representative system where all power is concentrated in the elected council and where the council hires a professionally trained manager to oversee the delivery of public services. Q: Is it a responsive form of government? A: In council-manager government,the mayor or chairperson of the governing body and council members are the leaders and policy makers elected to represent the community and to concentrate on policy issues that are responsive to citizens'needs and wishes.The manager is appointed by the governing body to carry out policy and ensure that the entire community is being served.If the manager is not responsive to the governing body's wishes,the governing body has the authority to terminate the manager at any time.In that sense,a manager's responsiveness is tested daily. Q: Are all council-manager governments structured the same way? A: No. One of the most attractive features is that the council-manager form is adaptable to local conditions and preferences. For example,some communities have councils that are elected at large while other councils are elected by district or by a combination of an at-large and by-district structure. In some local governments the mayor or chairperson is elected at large by the voters;others are elected by their colleagues on the governing body. Q: What is the council's function? A: The council is the legislative body;its members art the community's decision makers. Power is centralized in the elected council,which approves the budget and determines the tax rate,for example. The council also focuses on the community's goals,major projects,and such ' long-term considerations as community growth,land use development,capital improvement i 2 plans,capital financing,and strategic planning. The council hires a professional manager to carry out the administrative responsibilities and supervises the manager's performance. 3 Q: Where does the mayor or chairperson of the governing body fit in? rA: Mayors or chairpersons in council-manager communities are key political leaders and policy developers and their duties,responsibilities,and authorities depend on the organization's / charter. In council-manager communities,typically the mayor or chairperson presides at council meetings,serves as a spokesperson for the community,facilitates communication and understanding between elected and appointed officials,assists the council in setting goals and advocating policy decisions,and serves as a promoter and defender of the community. In addition,the mayor or chairperson serves as a key representative in intergovernmental relations. The mayor or chairperson,council,and manager constitute a policy-development and management team. Q: What is the manager's function? A: The manager is hired to serve the council and the community and to bring to the local government the benefits of training and experience in administering local government projects / and programs on behalf of the governing body. The manager prepares a budget for the council's consideration;recruits,hires,and supervises the government's staff;serves as the council's chief adviser;and carries out the council's policies. Council members and citizens count on the manager to provide complete and objective information,the pros and cons of \ alternatives,and long-term consequences. Q: What is the cost to the local government of appointing a professional manager? A: Local governments have found that overall costs actually have been reduced with competent management. Savings come in the form of reduced operating costs,increased efficiency and productivity,improved revenue collection,or effective use of technology. Q: Does the manager participate in policy determination? ` A: The manager makes policy recommendations to the council,but the council may or may not adopt them and may modify the recommendations. The manager is bound by whatever action the council takes. i r 4 Q: Is this form of government used only in certain kinds of cities? A: No. In fact,it is not restricted to cities. It is used by towns and counties too. More than 3,400 cities operate under this form,and more than 371 counties operate under the council-administrator form.They vary greatly in size and characteristics. Q: How many Americans live in communities that operate under council-manager government? A: More than 89 million. Q: Is the form popular in large communities? A: Yes. Out of 237 cities with greater than 100,000 residents, 141 use this form of government. Some examples are Charlotte,North Carolina;Dallas,Texas;Las Vegas, Nevada;Oklahoma City,Oklahoma;Phoenix,Arizona;San Antonio,Texas;San Diego and San Jose,California;Virginia Beach,Virginia;and Wichita,Kansas.Large counties that use the structure include:Broward County,Florida;Clark County,Nevada;Fairfax County,Virginia; Hamilton County,Ohio;Mecklenburg County,North Carolina;and Santa Clara County, California. Q: How much citizen participation is possible under council-manager government? A: Successful examples of citizen participation in the local government service delivery decision-making process are widespread among professionally managed communities. Because professional local government management offers government of the people,by the people,and for the people,it sets the stage for citizen activism by encouraging open communication between citizens and their government. Examples range from visioning,in which citizens play a major role in determining tie future of their community,to neighborhood service delivery,which involves residents through the development of citizen/govemment partnerships,to community-oriented local government services. Because political power is concentrated in the entire governing body rather than one elected official,more citizens have an opportunity to be elected to a position in which they have significant influence over the future of their community. 1 5 Q: What is the history of the council-manager form? A: Born out of the progressive reform movement at the beginning of the 20`h century,the council-manager system of local government is one of the few original American contributions to political theory. In 1908,Staunton,Virginia,instituted the first position legally defining,by ordinance,the broad authority and responsibility associated with today's professional local government manager. Sumter,South Carolina,was the first city to adopt a charter incorporating the basic principles of council-manager government in 1912. Westmount, Quebec,introduced the form to Canada in 1913. The first large city to adopt the plan was Dayton,Ohio,in 1914. The first counties to adopt it in the 1930s were Arlington County, Virginia,and Durham County and Robeson County,North Carolina. Since its establishment,the council-manager form has become the most popular form of government in the United States in communities with populations of 5,000 or greater. The form also is popular in Canada,Australia,the Netherlands,New Zealand,the United Kingdom, Honduras,Chile,and Brazil. For more than 94 years,council-manager government has responded to the changing needs of citizens and their communities. Q: How can a community adopt this form of government? A: Methods vary,but most communities can adopt council-manager government through a charter,a local ordinance,or a state enabling law. In many cases,adoption must be by vote of the local governing body. For information on how your community can adopt council-manager government,contact your state municipal league or association of counties. You can find the addresses of these organizations in ICMA's Municipal Year Book at your local library,or on the Internet. Q: How is the manager selected? A: The vacancy usually is announced in the!CMA Newsletter,and managers in other communities are invited to apply if they are interested. Managers,assistants,and others apply directly to the council,which reviews the applications and interviews qualified candidates. ICMA makes no recommendations regarding candidates. Further information is available in the handbook Recruitment Guidelines for Selecting a Local Government Administrator, published by ICMA and available at http://iobs.icma.org, 6 Q: Does the manager have to be a local resident at the time the appointment is made? A: No. Local residence should not be required of applicants at the time the appointment is made. Managers are professionals who might serve several communities during their careers, bringing extensive experience coordinating public services and applying management techniques to a community. 1 Q: What salary does the manager receive? A: Earnings of managers depend on their educational background and experience,the size and complexity of the local governments employing them,and the economic conditions of the regions where communities are located. The council sets the manager's salary. Detailed information on salaries is compiled annually by ICMA and is available on request. Q: Can the manager be fired? A: Managers serve at the pleasure of the council or governing body.They can be fired by a majority of the council,consistent with local laws,ordinances,or employment agreements they may have with the council. Control is always in the hands of the elected representatives of the people. Q: Where do managers get their experience? A: Nearly 73 percent of managers surveyed by ICMA have a master's or a professional degree. Respondents indicated that they had spent an average of 17 years in the local government management profession. Q: Do managers participate in local politics? A: All managers who belong to ICMA are bound by its Code of Ethics,which states that every member of the Association shall refrain from all political activities that undermine public confidence in professional administrators and refrain from participation in the election of members of the employing legislative body. 7 Q: What else does ICMA's Code of Ethics cover? A: The Code specifies 12 ethical principles of personal and professional conduct,including dedication to the cause of good government. ICMA members believe in the effectiveness of representative democracy and the value of government services provided equitably to residents within a community. ICMA members also are committed to standards of honesty and integrity more vigorous than those required by the law.Contact ICMA for a copy of the Code of Ethics or go to http://icma.org/ethics. Q: What is ICMA? A: In 1914,a group of appointed managers formed a professional association,eventually known as the International City/County Management Association(ICMA),to share their expertise and experiences in local government management. Since that time,ICMA has been the professional and educational organization for administrators and assistant administrators serving cities,towns,counties,other local governments,and regional entities around the world. ICMA's membership also includes directors of state associations of local governments,other local government employees, academics,and concerned citizens who share the goal of improving local government. The purpose of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To that end,the Association provides technical assistance and publications for local government professionals to help them improve their skills and increase their knowledge. ICMA also serves as a clearinghouse for the collection,analysis,and dissemination of information and data about local government. For further information on items referenced in this brochure,visit ICMA's form-of- govemment Web site at http//icma.onz/fonnoft ovt or see the contact information listed on the back panel of this brochure. Q: Is there another organization that supports council-manager government? A: Yes,the National Civic League is a nonpartisan citizens organization founded in 1895. Its purpose is to serve as a clearinghouse for information on methods of improving state and local government;to encourage citizen participation in state and local government;and to provide guides,model charters,and laws on specific subjects. The League's Model City Charter,now in its seventh edition,has endorsed council-manager government since 1915. 8 For further information: ICMA 777 North Capitol Street,NE Suite 500 Washington,DC 20002-4201 Web site,http:i/icma.or;/fonnoft ovt For form-of-government assistance in Alaska,California,Connecticut,Hawaii,Illinois,Indiana, Iowa,Maine,Massachusetts,Michigan,Missouri,Minnesota,New Hampshire,Nevada,Ohio, Oregon,Rhode Island,Vermont,Washington,and Wisconsin,contact:Michele Frisby at 202- 962-3658; infrisby(aiicma.oru: or 202-962-3500(fax). For form-of-government assistance in Alabama,Arizona,Arkansas,Colorado,Delaware, District of Columbia,Florida,Georgia,Idaho,Kansas,Kentucky,Louisiana,Maryland, Mississippi,Montana,Nebraska, New Jersey,New Mexico,New York,North Carolina, North Dakota,Oklahoma,Pennsylvania,South Carolina,South Dakota,Tennessee,Texas, Utah,Virginia,West Virginia,and Wyoming,contact: Martha Perego at 202-962-3668; mpen:go(iv.icnra.orz: or 202-962-3565(fax). National Civic League 1445 Market Street Suite 300 Denver,Colorado 80202-1728 303-571-4343 Fax 303-571-4404 Web site, ntp://www.ncIorg 3 4N /� Order Number: 0057484 Page: 1 Sales Order cillil It Order Date: 3/1/2017 BOB'S SERVICES, INC. 2009 SPAR AVENUE Salesperson: 2100 Customer Number: 00-COS ANCHORAGE, ALASKA 99501 SHOP(907)276-3221 - FAX(907)276-1972 Sold To: Ship To: City of Seward City of Seward P.O.Box 167 P.O.Box 167 Seward,AK 99664 Seward,AK 99664 (907)224-3331 Confirm To: Customer P.O. Ship VIA Comment Ram 2500 ST Upfit Item Number Description Description Price Amount BSI WINCH 1.00 Custom Winch Bumper 4,260.00 4,260.00 'WA56255 1.00 VR10000 Wam winch 691.60 691.60 LABOR 2.50 LABOR-IN SHOP RATE 125.00 312.50 Install Winch "PROTECH 1.00 Protech Headache Rack-Dodge 714.00 714.00 LABOR 1.00 LABOR-IN SHOP RATE 125.00 125.00 Install Headache Rack WEL1OLAP 1.00 L10 SERIES SUPER LED BEACON AM 164.00 164.00 BSISTROBE 1.00 Whelen Strobe Install 250.00 250.00 *GL3100 1.00 GoLight 3100 349.00 349.00 BSIBEACON 1.00 LABOR STROBE LIGHT MOUNTING 345.00 345.00 GoLight Install BP1492135 2.00 FLOOD LIGHT6 LED 59.70 119.40 BSIWORKLTS 1.00 4"WORK LIGHTS INSTALLED(PAIR 278.25 278.25 MSHML1042S 2.00 L.E.D.SPOT DRIVING LIGHT 75.00 150.00 BSIDRLIGHTS 1.00 LIGHT FORCE DRV.LIGHTS INSTAL 577.50 577.50 W593084 1.00 7-WAY SOCKET,SPLIT Pin 11.98 11.98 BSIWIRE 1.00 WIRE TRAILER PLUG 120.75 120.75 'CLASSSHITCH 1.00 Class V Hitch.No such thing as a class 6 Hitch 336.70 336.70 LABOR 1.50 LABOR-IN SHOP RATE 125.00 187.50 Labor to install Hitch 'COMMENT 1.00 Thanks for the opportunity!Gil 0.00 0.00 Net Order: 8,993.18 Less Discount: 0.00 Freight: 0.00 Sales Tax: 0.00 Order Total: 8,993.18 Rebekah A. Ivy From: Calvin Towns <calvintownsl@gmail.com> Sent: Thursday, March 30, 2017 5:15 PM To: Rebekah A.Ivy Subject: Re: New 3/4 Ton Crew cab 4x4 Attachments: Seward Options.pdf Rebekah, The price for the following optional equipment will be $8360.00. See attachment. Thank you Calvin Towns On Tue, Feb 28, 2017 at 1:19 PM, Rebekah A. Ivy<raivy@cityofseward.net> wrote: We are looking at purchasing a new class 156CC off of the state procurement list and am wondering what info you need from me to get that rolling. Also we would like some add-ons installed on it and am wondering if you can give me a quote on those additional items? Thank you. . CITY OF SEWARD R.ebelea h ivlJ Electric Admin. Asst. PO Box 167 Seward, AK 99664 907-224-4073 1 Qty Part Note RAM 2500 pickup AIRSAFE class Vi hitch Warn winch mount Warn 12,000Ibs winch Rigid LED driving lights LED backup/work lights LED strobe light Golight spot light All Aftermarket lighting to be wired to factory upfitter switches 1 WN-92130 Winch Mount Installation Kit;For Mounting Warn GEN ll Trans4mer Mid-Frame Winch Mounts 88240188245 and Large Frame Winch Mounts 90110/90115;Includes Nuts/Bolts/Bracketry 1 Vi?14-88240 Warn Industries 88240 Winch Mount;Trans4mer(R)Gen 11;For Use with PowerPlant HP and HD;Endurance 12.0; 9.511;9.5xp;XD9i;XD9,M8;M6;Tabor 9K; 12K and ZEON Winches; Fixed Mount;Powder Coated;Black;Requires Vehicle Specific Mounting Brackets 1 WN-89120 Warn Industries 89120 Winch;ZEON (R) 12;Vehicle Mounted;Vehicle Recovery Winch; 12 Volt Electric; 12000 Pound Line Pull Capacity;80 Foot Wire Rope; Roller Fairlead;Wired Remote; Convertible Control Pack;Planetary Gear Drive;Requires Winch Carrier or Winch Mount 1 50231 Rigid LED D2-Driving-Set of 2 1 3049 GOLIGHT STRYKER COMB.WIRELESS DASH AND HANDHELD REMOTE-BLACK 1 7612A LED Hybrid Beacon, 12-24V,125FPM,amber 1 57-6370-32 ProTech Mesh Headache rack,Aluminum 2 10-9000 BRACKET,WELD ON,LOAD LIGHT 2 10-4450 BRACKET,Strobe 20.5 LABOR Shop Labor 1 1Disc Supplies Shop Supplies 2 A -AML-20 Maxxima LED work light 800 Lumen,Neck finish 1 6000 AIRSAFE Class VI T.W.-2000 lbs G.T.V W--20,000 lbs Shank-2 -Sold steel 2"shank to handle the heavy loads -Four Steel Tie-Rods rated at 16,200lbs each ensuring a 64,800lb shock and shear rating. -Two commercial air shocks to prevent oscillation -Eight hole adjustable mount plate allowing for multiple height adjustments and accepts weight distribution brackets,ball mounts,and pintle mounts. 1 06285 AIRSAFE Ball Mount I 17 jCM Ca-ivan&a Response to City Attorney's Clarification of issues raised in response to March 24 Memorandum on Role of Council Members. The Charter, Code and Council Rules all state that Council members "may deal with administrative services only through the city manager and I understand this includes addressing performance/behavior issues and requesting documents or requesting resources. You refer to the act of asking for public information as "building a case" - I call this due diligence. It is my duty as a public servant to ensure I am doing my due diligence to address any concerns from the citizens of Seward. I am requesting public records that I believe will support the facts in how the city is being managed. The purpose of your memorandum was supposed to be your professional opinion of the duties and roles of council in the administrative service. You addressed Ms. Erchinger's allegations and completely disregarded my concern. I understand this is because you were guided in crafting your memorandum from the very person(s) that slandered my actions outside of executive session. I agree, it is unacceptable and a potential exposure to the city for any employee or council member to feel they are being harassed or spied upon and the person that slandered my actions should take responsibility for the fear any employee or myself incurred due to this unethical behavior. You stated that your"memorandum took at face value more than three reports as to the "stack" of documents" I possessed (Did you interview everyone that was in executive session except me- how did you select who to interview and who directed you to do so? Has the city spent $9,000+ of taxpayers dollars for you to defend/advise on an unethical practice?) You also stated, "If in fact it is only a few Facebook postings and a photo, and there has been no other monitoring of the employees in question, then this would be a good "package"to present to the city manager to address administratively." I have done EXACTLY this! I presented one photo and I brought a few Facebook postings that are evidence of nepotism in our city that our administration chooses not to address. /presented a specific allegation of a violation of a specific policy by specific individuals through the city manager and now I am being vilified! Our nepotism policy was enacted in 1990 and it was at that time that all city employees currently employed were exempt from the policy. Fourteen years later, this ordinance is handled as if we are still in 1990. I disagree with the way the city has handled "mitigating" the nepotism within our city. Based on our code and fully aware of the 2014 nepotism memorandum, I ask that you please address the specific allegation of the specific individuals that are in violation of Seward City Code 3.60.020 since the city manager, some staff and a few members of the council only choose to vilify me for making an allegation. I have attached a separate memo, that is confidential due to the personnel concerns addressed within the memo. I am hopeful that all members of council are able to see the attached memo and I ask that you respond to my specific allegation with all 6 members of council attached, if possible. I also ask that you reply to my allegation prior to consulting with the administration or any other council members, just as you did with whom ever it was that slandered my actions outside of executive session. Per your request, I have also included in the confidential memo the specific instance of harassment I referred to at the March 13th council meeting and the individuals involved. I am sending this directly to you because I have good reason to not feel safe bringing anything to the attention of the city manager at this point.