2-14-11 Attachment A ATTACHMENT A
AB Commission Meeting 2 -14 -2011
C. Woods comments putting Jensen on notice of possible Bar Complaint
I have reviewed the email thread between Alan Jensen and me that Mr.
Daugherty brought up at our last meeting and caused Mr. Daugherty to
comment negatively on Mr. Jensen's unprofessional demeanor towards me.
I have, among many other documents, also reviewed the March 22, 2010
letter from my attorney Mr. Thomas Gray to Alan Jensen where Mr.
Thomas reminded Mr. Jensen of his appropriate, and required duties as the
city attorney, which were in stark conflict with his actions towards me.
Also the March 22, 2010 letter Mr. Thomas wrote to Mr. Lippes, which
should have been written by Mr. Jensen on my behalf, assuring Mr. Lippes
that his attacks on me were unfounded and unwarranted, and the demands
on me were meritless.
I am now putting Mr. Jensen on notice that I am considering filing a
complaint against him with the Florida Bar in accordance with, at the very
minimum, Rule 3 -4.3 the Della Donna Rule which asserts that "unethical or
unprofessional conduct by a member of the legal profession cannot be
tolerated."
Despite my decision I expect Mr. Jensen's entire behavior towards me to
change and that he interact with me on a professional level, as he accords
other members of this commission, from now moving forward.
I have brought a copy of my comments, the email thread and the two letters
mentioned which I am requesting to be included in this meeting's minutes.
,✓
• RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amens ATTACHMENT A
RE: Emailing: RCBS -Order Granting Defendants motions to dismiss
amended complaint 1
Alan Jensen [alan @ajensenlaw.com]
Sent: Wednesday, January 26, 2011 8:41 AM
To: Woods, Carolyn
Once again you are not correct. Alan
Original Message
From: Woods, Carolyn [mailto:cwoods @coab.us]
Sent: Tuesday, January 25, 2011 6:22 PM
To: Alan Jensen
Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss
amended complaint 1 18_2011
I believe I was responding to your not completely accurate message that the
RCBS EAB case had been dismissed.
Carolyn
241 -8973
From: Alan Jensen [alan @ajensenlaw.com]
Sent: Tuesday, January 25, 2011 5:19 PM
To: Woods, Carolyn
Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss
amended complaint 1 18_2011
Carolyn: I didn't begin it, you did. I was responding to you. Alan
Original Message
From: Woods, Carolyn [mailto:cwoods @coab.us]
Sent: Tuesday, January 25, 2011 5:14 PM
To: Alan Jensen
Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss
amended complaint 1_18_2011
Alan,
Why did you even begin this line of communication?
Carolyn
241 -8973
From: Alan Jensen [alan @ajensenlaw.com]
Sent: Monday, January 24, 2011 5:16 PM
To: Woods, Carolyn
Cc: Bartle, Donna; Borno, Mike; jfletcher @coab.us; Parsons, Paul; Daugherty,
Jonathan; Hanson, Jim
Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss
amended complaint 1_18_2011
Carolyn: I asked why you don't support the city's position, not whether you
support the city and its citizens. You know, the decisions made by the city
commission, even if you are the lone dissenting vote. I also ask: what
park land is the city losing? And, is there no benefit to the taxpayers of
AB by compliance with the mandatory TMDL requirements? Is there no benefit
to the taxpayers of AB by obtaining the easement over EAB's property for a
bargain price, as well as all the development concessions received from EAB?
http: / /abmail.coab.us /owa / ?ae= Item& t = IPM .Note&id= RgAAAACHA6upZJtUQL.. 2/13/2011
RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amender ATTACHMENT A
You have many times discussed "this poor choice" with your
fellow commissioners, whose choice it was, and who have stood by their
choice. And as you should recall, though sometimes our memories are
selective, the city has an indemnification and hold harmless from EAB
regarding claims against the property from all persons. The city should
spend very little in defense of the lawsuit as a result of the
indemnification. How much has the city spent so far, since you seem to know
? As far as my wallet, I have spent substantially greater time on issues
and matters created by you, together with your endless and often repetitive
public records requests (including directives you seem to think you can give
directly to city department heads) , than on the RCBS case.
What legal education, knowledge, experience, training, resources
and other information do you base your belief on EAB's rights to the
reverter and actions of the Jax general counsel's office ? I can only
assume 2 things: (1) you believe that EAB's attorneys and Jax general
counsel lawyers are incompetent, like everyone but you who sit on the dais
in our commission chambers (your words, not mine), and (2) you will again
fail to respond to this e -mail.
What proof or evidence do you have that I "..support the Estates
over the City and its citizens... "? I support the city's position evidenced
by a majority vote of its elected officials taken at a duly noticed public
meeting. In my opinion, you should as well. I also rely on other experts,
such as attorneys, judges who have issued rulings, title companies, and the
like.
Your continued efforts to undermine lawful actions taken by the
city commission need to stop. You also need to get your facts and law
straight. Alan
Original Message
From: Woods, Carolyn [mailto:cwoods @coab.us]
Sent: Monday, January 24, 2011 3:40 PM
To: Alan Jensen
Cc: Bartle, Donna
Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss
amended complaint 1_18 2011
Alan,
I support my city and its citizens. Here I am opposing a few citizen's will
over the majority because primarily the city is losing great resources when
it loses park land and a vital portion of its natural drainage system is
negatively impacted. In addition our taxpayers will be negatively impacted
by development on this land and receive no taxation or benefit from it.
Also we had and still have a very viable route option as presented by the
Oceanwalk homeowners that was deemed too expensive at a negotiated
additional $25,000 "estimate" but looks like a bargain compared to what the
city has spent in defending this poor choice. How's your wallet?
As to the ownership of the property I find it extremely hard to believe that
the Estates had any right to claim this property when they were unable to
provide any documentation or explanation as to any rights to invoke the
reverter although I did ask for this many times. Even their letter to the
Jacksonville general councils office did not claim to have any rights simply
that they bought the land next door and by matter of law they were invoking
the reverter. It's too bad the Jacksonville general council did not ask for
documentation proof before issuing a quit claim deed for the property. Think
of how much time energy and grief could have been saved.
http: / /abmail.coab.us /owa / ?ae= Item8rt= IPM .Note&id= RgAAAACHA6upZJtUQI... 2/13/2011
RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amend ATTACHMENT A
Why do you support the Estates over the City and its citizens?
Carolyn
241 -8973
From: Alan Jensen [alan @ajensenlaw.com]
Sent: Sunday, January 23, 2011 6:18 PM
To: Woods, Carolyn
Cc: Bartle, Donna
Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss
amended complaint 1 18_2011
Rightfully regain? Why would you not support the city's position ?
Original Message
From: Woods, Carolyn
Sent: Sunday, January 23, 2011 6:03 PM
To: Alan Jensen
Cc: Bartle, Donna
Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss
amended complaint 1_18_2011
Alan,
Based on comments from the plaintiffs over the course of the past year or
more that this issue has been discussed at commission meetings I fully
expect the plaintiffs to pursue every legal option available to them to
rightfully regain their property. Wouldn't you?
Carolyn
From: Alan Jensen [alan @ajensenlaw.com]
Sent: Friday, January 21, 2011 9:19 AM
To: Bartle, Donna
Cc: Borno, Mike; jfletcher @coab.us; Woods, Carolyn; Parsons, Paul;
Daugherty, Jonathan; Hanson, Jim
Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss
amended complaint 1_18_2011
Donna: Carolyn's "understanding" as expressed in her e -mail below is
incorrect. The Order entered by Judge Tygart on Jan.14, 2011, clearly
states at the top of page 3 the following: "As such, this Court finds that
Plaintiffs Mary T. Bull, William A. Bull, Sr., Harcourt Bull, III, Chelly B.
Schembera, and Charles Harcourt Bull lack standing to maintain this action,
as only trustees have the authority to bring this lawsuit." (Emphasis
added).
The court did grant leave to amend within 30 days and /or request
the Court to appoint trustees if there are no surviving directors and /or
trustees. If Carolyn has any knowledge regarding the "RCBS successors"
amending their complaint and proceeding with a suit to clear title, since
she expects that to happen, that would be helpful for me to know and share
with our insurance company attorneys, and would be beneficial to the city.
Please contact me with any questions. Alan
From: Bartle, Donna [mailto:dbussey @coab.us]
Sent: Friday, January 21, 2011 8:14 AM
To: Alan Jensen
http: / /abmail.coab.us /owa / ?ae= Item&t =IPM. Note&id= RgAAAACHA6upZJtUQI... 2/13/2011
ATTACHMENT A
SHEPPARD, WHITE, THOMAS & KACHERGUS, P.A.
Attorneys & Counselors at Law
215 WASHINGTON STREET
JACKSONVILLE, FLORIDA 32202
904/356 -9661
Telefax 904/356 -9667
WM. J. SHEPPARD D. GRAY THOMAS
Board Certified Criminal Trial Lawyer Also admitted to the Georgia Bar
ELIZABETH L. WHITE MATTHEW R. KACHERGUS
Also admitted to the Oregon Bar
BRYAN E. DEMAGGIO
March 22, 2010
Via Facsimile No.: 246 -9960 & Electronic Mail
Alan C. Jensen, Esquire
City Attorney
City of Atlantic Beach
Post Office Box 50457
Jacksonville Beach, Florida 32240 -0457
Re: Commissioner Carolyn Woods
Dear Mr. Jensen:
This firm represents Carolyn Woods in regard to certain assertions and demands made to her,
by way of a letter to you by counsel for Estates of Atlantic Beach, LLC ( "EAB "). As City Attorney
for the City of Atlantic Beach, you owe a duty to each of its commissioners as well as the collective
Commission. You are employed by the City, the charter of which vests power in the Commission.
Your position does not provide that you make EAB's demands on Commissioner Woods on
behalf of the City.
If you have any questions, please contact me.
Sincerely,
Cf •
mo `
D. Gray Thomas
DGT/ldh[woods_carolyn. jensen.ltrl
email: sheplaw€'att.net
ATTACHMENT A
SHEPPARD, WHITE, THOMAS & KACHERGUS, P.A.
Attorneys & Counselors at Law
215 WASHINGTON STREET
JACKSONVILLE, FLORIDA 32202
904/356 -9661
Telefax 904/356 -9667
WM. J. SHEPPARD D. GRAY THOMAS
Board Certified Criminal Trial Lawyer Also admitted to the Georgia Bar
ELIZABETH L. WHITE MATTHEW R. KACHERGUS
Also admitted to the Oregon Bar
BRYAN E. DEMAGGIO
March 22, 2010
Via Facsimile No.: 633 -7570 & Electronic Mail
Harold S. Lippes, Esquire
Lippes & Bryan P.A.
800 West Monroe Street
Jacksonville, Florida 32202 -4836
Re: Estates of Atlantic Beach, LLC
Dear Mr.. Lippes:
This firm represents Carolyn Woods in regard to attacks and demands directed against her
by you on behalf of your client, Estates of Atlantic Beach, LLC. Your attacks on her made in
correspondence to City Attorney Alan Jensen and to State Attorney Angela Corey are unfounded and
unwarranted, and your demands •on her are meritless. You are engaged in an inappropriate attempt
• to intimidate her and others to whom your communications have been addressed.
On her behalf, I have no intention of responding to your particularized assertions and
demands. As a citizen and as a Commissioner of the City of Atlantic Beach, Ms. Woods is
concerned about the proper and appropriate operation of City government and its management of
affairs relating to the welfare of its citizens. Among these matters is the pursuit by your client of
matters relating to a development. Your client insists on certain actions occurring immediately
despite your written statements that no actual construction by your client is contemplated until
sometime further in the future. Development issues frequently are a matter of significant public
concern, as I am sure you are aware. Your client and its representatives are public figures and have
involved themselves in matters of public concern.
In regard to your client's specific development proposal, one aspect of the proposed
development would involve the removal of a substantial number of large, old trees, which would
have a significantly detrimental effect on the property values of a number of Ms. Woods'
constituents. Furthermore, what Ms. Woods has done is to raise questions in order to seek answers
because of facts, circumstances or assertions presented to her by constituents and others, some of
which are different than information conveyed to her by City staff. These questions include whether
email: shcplaw@att.net
ATTACHMENT A
Harold S. Lippes, Esquire
March 22, 2010
Page Two
certain prior actions taken by or on behalf of the City were appropriate, as well as questions to
determine the most appropriate actions that should be taken by the City in the future. Furthermore,
significant questions have arisen relating to an involved ownership history of real estate involved
in your client's development plans, and conflicting title opinions have been presented.
Ms. Woods appropriately raised these questions as a citizen and City Commissioner. She has
not intentionally or recklessly misstated any assertions of fact. She is asking questions and voicing
concerns and opinions about matters of public interest. Your demands toward her and to Mr. Jensen,
insisting that the City make your demands to one of its elected commissioners, should cease and
those made in the past should be withdrawn.
Please contact me if you have any further questions regarding this matter.
Sincerely,
,11).°
D. Gray Thom. •
DGTAdb[woods.carotyn.lippes.ttrJ
cc: Alan C. Jensen, Esquire, City Attorney
•