2014-05-29 Special Meeting Kodiak Island Borough
Assembly Special Meeting Agenda
Thursday, May 29, 2014, Immediately Following the Work Session
Borough Assembly Chambers
Page
1. ROLL CALL
2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker)
3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL
MEETING
2 - 6 A. EXECUTIVE SESSION - Attorney Client Privilege
Communications To Discuss Litigation, and Trial Strategy and
Tactics: Wren (Appeal from Board of Adjustment), Red Hook
(Contract Dispute), and Markham (Appeal from Board of
Equalization).
04 09 2014 Borough Attorney Qtrly Status Report.pdf
4. ADJOURNMENT
This meeting was called by Mayor Friend
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AGENDA ITEM #3.A.
LEVESQUE LAW GROUP, LLC
w��1o� —
3380 C Streee Suite 202
Anchorage,Alaska 99503
Phone: (907)2618935
Fax (206)309-0667
April 9, 2014 Email: joe @levesquelawgroup.com
SENT VIA EMAIL
Charles E. ("Bud") Cassidy, Jr., Borough Manager
KODIAK ISLAND BOROUGH
710 Mill Bay Road
Kodiak, AK 99615
RE: Report on the Status of Legal Work Performed by the Levesque Law Group
on Behalf of the Kodiak Island Borough.
Dear Mr. Cassidy:
The purpose of this status report is to identify and summarize the legal work
currently being performed by the Levesque Law Group, LLC ("LLG" or "firm") as
General Counsel for the Kodiak Island Borough ("Borough"), pursuant to the Contract
for Professional Legal Services, dated June 25, 2013. The Borough Assembly
requested that we summarize and provide a written report on a quarterly basis. We do
so using the Cool Homes v. Fairbanks North Star Borough case as our limiting guide to
separate summaries of the actions we have performed from litigation tactics and
strategies, which are protected by the attorney-client privilege.
Following is a summary of the current status of matters that our law firm has
been handling on the Borough's behalf:
General Matters
Our File No.477-001
Our firm works directly with Borough Manager Bud Cassidy on a number of day-
to-day issues as they arise. We are set to receive several files from former Municipal
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EXECUTIVE SESSION - Attorney Client Privilege Communications...
AGENDA ITEM #3.A.
LEVESQUE LAW GROUP, LLC
commstramwr
April 9,2014
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Attorney Cheryl Brooking, pertaining to a number of different matters. These include
the Red Hook file, and the files relating to the Markham appeal.
Wren Appeal
Our File No. 477-002
In our law firm's last status update, we reported that the Court had issued a
Notice of Appeal Procedure, which established that Wren's opening brief on appeal was
due January 27, 2014, and that the due date for the Borough's Response was
scheduled for March 3, 2014, with Mr. Wren's Reply due March 26, 2014. We also
reported that we had filed a Motion to Strike Mr. Wren's Points on Appeal, and
requesting that if he did not remedy the inadequacy of his stated Points, that the Court
dismiss his appeal.
Since our last Status Update, our law firm has filed several pleadings in relation
to this matter. First, we filed a Reply to Mr. Wren's Opposition to the Borough's Motion
to Strike his Points on Appeal. Soon after, the Borough's Motion to Strike was granted,
and Mr. Wren was given until March 17, 2014 to submit a sufficient Statement of Points
on Appeal. When he failed to do so, our firm filed a new Motion to Dismiss Mr. Wren's
appeal, and we await the Court's decision.
Human Resources and Employment
Our File No. 477-1200
Our law firm has worked directly with both the Borough Manager and Lauri
Whiddon to amend the Borough's Personnel Manual to incorporate changes deemed
necessary as a result of the Borough's recent pay study. To do so, our firm has
assisted with the selection of language necessary to effect the Borough's desired
modifications to its employment policies, and has helped to prepare a proposed
ordinance adopting these modifications, in preparation for consideration by the Borough
Assembly. Our firm has also submitted a Memorandum Opinion to the Borough
regarding the Borough's desired changes to its Personnel Manual and Job Descriptions.
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AGENDA ITEM #3.A.
LEVESQUE LAW GROUP, LLC
April 9,2014
Page 13
In addition to this more general endeavor, our firm has consulted with the
Borough regarding specific employee matters as requested, and is in the process of
researching how the Borough's longevity increases should be calculated and applied.
Community Development
Our File No. 477-1500
The Borough requested informal legal review of the policies and procedures set
forth in proposed Resolution 2014-30 for KIB Land Sale#18. Specifically, the Borough
inquired as to the extent of its authority to dispose of real property for an amount less
than the property's fair market value. The informal opinion that followed was distributed
to the requesting parties on March 25, 2014.
In addition, our firm issued a Memorandum Opinion to the Borough regarding its
proposed amended Titles 16, 17 and 18 of the Borough Code. That Memorandum
Opinion addressed whether the Borough Code may cross-reference certain definitions
between these Titles, and explained the legal sufficiency of including information
regarding the Borough Assembly's intent in the Ordinance enacting the proposed
amendments.
Solid Waste Fee
Our File No. 477-1701
Our law firm was asked to review the Exclusive Service Contract for Residential
and Commercial Refuse Collection ("Contract") between the Borough and Alaska
Pacific Environmental Service to determine whether the Borough had any legal
obligation to assist the Contractor with the collection of fees from past due users. The
Borough also asked that our firm present options by which the Borough may encourage
the collection of past due user fees, without the assumption of direct collection activities.
Our firm prepared and distributed a memorandum regarding this matter on February 11,
2014.
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AGENDA ITEM #3.A.
LEVESQUE LAW GROUP, LLC
April 9,2014
Page 14
Finance
Our File No. 477-1800
The Borough asked our firm to provide a Memorandum addressing whether the
Borough Assembly may direct the use of certain portions of the Facilities Fund's
principal balance to make loans to other Borough funds. That Memorandum was issued
to the Borough Manager on January 29, 2014.
Other matters that our firm has addressed include the closing of the Borough's
General Obligation Bond on February 20, 2014, and providing assistance to the
Borough regarding its questions about bond proceeds.
Fenwick Excess Funds Matter
Our File No. 477-1803
The Borough Finance Department requested an Opinion addressing whether
excess funds resulting from a foreclosure sale, if not claimed by the last owner of record
within the statutory time frame, remains the property of the Borough, or whether those
funds must be delivered to the State of Alaska Unclaimed Property Division_ A
Memorandum addressing this issue was distributed to the Borough on March 7, 2014.
Energy Plus
Our File No. 477-1804
Our law firm has recently reviewed a request for Substitution of Trustee and
Deed of Reconveyance with respect to Energy Plus. In addition, we have also reviewed
the enforcement action against Energy Plus regarding the placement of asbestos in the
Borough landfill.
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EXECUTIVE SESSION -Attorney Client Privilege Communications...
AGENDA ITEM #3.A.
LEVESQUE LAW GROUP, LLC
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April 9,2014
Page 15
Foreclosures
Our File No. 477-1807
The Borough's claims for foreclosure of certain properties for nonpayment of
taxes for the 2013 tax year have become ripe, and the Borough has directed our firm to
submit a Petition for Judgment of Foreclosure to the Alaska Superior Court. Our law
firm has prepared the Petition, along with the required supporting documentation, and
made its submission to the Court on April 9, 2014.
Clerk
Our File No.477-2700
Our office works closely with the Borough Clerk regarding a number of various
issues. For example, during the present reporting period, our law firm presented the
Clerk with an informal opinion pertaining to the treatment of the Borough Assembly's tie
vote regarding the Chiniak Underground Storage issue.
Conclusion
The Levesque Law Group is grateful for the opportunity to serve as counsel to
the Kodiak Island Borough. Should the Borough have any questions regarding these
matters, or any others that may arise, we remain available to discuss them at the
Borough's convenience.
Sincerely,
Joseph N. Levesque, Esq.
Borough Attorney
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EXECUTIVE SESSION - Attorney Client Privilege Communications...
Kodiak Island Borough
Assembly Special Meeting Guidelines
May 29, 2014, Borough Assembly Chambers
1. ROLL CALL
KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the
REASON for the absence, and whether the absence is excused by the Assembly.
Recommended motion: Move to excuse Assembly member Kaplan who is absent due
to personal leave.
VOICE VOTE ON MOTION.
2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
A. Agenda Items not scheduled for public hearing and general comments.
ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD.
3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING
A. EXECUTIVE SESSION
1. Attorney Client Privilege Communications To Discuss Litigation, and Trial Strategy
and Tactics: Wren (Appeal from Board of Adjustment), Red Hook (Contract Dispute),
and Markham (Appeal from Board of Equalization).
Clerk's Note: A separate executive session need not be held on each item according to
the Borough Attorney.Recommended motion: Move to convene into executive session to discuss �y\5
litigation, and trial strategy and tactics regarding Wren (Appeal from Board of cY�
Adjustment), Red Hook (Contract Dispute), and Markham (Appeal from Board of
Equalization) which qualifies for executive session as recent litigation to which
the Borough is a party and confidential attorney-client privileged communications.
ROLL CALL VOTE ON MOTION.
Please invite the Borough Assembly, Borough Manager, Borough Attorney, Clerk's
Office Staff, Borough Assessor, Community Development Director, and Engineering and
Facilities Project Manager into executive session.
After the vote, Mayor Friend recesses the special meeting and convenes the executive
session.
Upon returning from the executive session, Mayor Friend announces no action is to be
taken as a result of the executive session.
OR the Assembly may make a motion if necessary.
ROLL CALL VOTE ON ANY MOTION.
Kodiak Island Borough Assembly Guidelines
May 29, 2014 Page 1
4. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
May 29, 2014 Page 2
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Ms. Austerman Ms. Austerman Ms. Austermaih, � Ms. Austerman Ms. Austerman
Mr. Bonney • Mr. Bonney 1 Mr. Bonney V Mr. Bonney Mr. Bonney 1,1 Mr. Griffin �Mr. Griffin Mr. Griffin Mr. Griffin f Mr. Griffin
Mr. Kaplan V .Ira Or ,4 as .n ` r. Kap!.• Mr. ...Ian
Ms. Lynch t f f Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch
Mr. Peterson , / 1 Mr. Peterson Mr. Peterson V i Mr. Peterson V Mr. Peterson
_. --hens Mr. Stephens Mr. Stephens 1 Mr. Stephens Mr. Stephens
"^TG? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF V
TOTAL: — �� Op TOTAL: TOTAL:
-iv six members of the assembly are present and there is a three/three tie vote of the
KODIAK ISLAND BOROUGH
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Please PRINT your name Please PRINT your name
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