Loading...
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 Page 1 of 6 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 Page 2 of 6 EXECUTIVE SESSION - Attorney Client Privilege Communications... AGENDA ITEM #3.A. LEVESQUE LAW GROUP, LLC commstramwr April 9,2014 Page 12 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. Page 3 of 6 EXECUTIVE SESSION - Attorney Client Privilege Communications... 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. Page 4 of 6 EXECUTIVE SESSION - Attorney Client Privilege Communications... 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. Page 5 of 6 EXECUTIVE SESSION -Attorney Client Privilege Communications... AGENDA ITEM #3.A. LEVESQUE LAW GROUP, LLC �� ... ...,....,, . ........,. „„. ,......... .. fI, 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 Page 6 of 6 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 J. ncuca�cu. rit j'J ',writtcu r •• l - BY: kknork, BY: (ly(i4J'"" BY: iVI.N``--- 4D: SECOND: I SECOND: gthAtit1/4. SECOND: , SECOND: ! Ie j i • or � l NBC r YES' N4.;3,ics H YES 'NOS NO': ..m _>.'„ ;�i>°: YE No s" :;«XE$: 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 Wrr.�w t-i- n1T4 IAg of: WI , .. ix4 Please PRINT your name Please PRINT your name A � �_.