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Agenda Item 1MINUTES REGULAR CITY COMMISSION MEETING February 14, 2011 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno Commissioner Jonathan Daugherty Commissioner Paul Parsons Commissioner Carolyn Woods ABSENT: Mayor Pro Tem John L. Fletcher (excused) City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Call to Order /Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of January 24, 2011. Motion: Approve the minutes of the Regular Commission Meeting of January 24, 2011, as written. Moved by Parsons, Seconded by Daugherty. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. No one from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow -up Report. Meeting None. Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND February 14 2011 REGULAR COMMISSION MEETING Page 2 STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Recreation Special Events Report and Finance Report for December 2010, the Monthly Building Department Activity Report, List of New Business Tax Receipts, and Utility Sales Report for January 2011, and the Public Works and Utility Department Status Report of February 2, 2011. B. Award the annual contract for chlorine for Water and Wastewater Treatment Plants to Allied Universal Corporation at the unit prices submitted in Bid No. 1011 -08. Mayor Borno read the Consent Agenda. Commissioner Woods pulled Item A. Motion: Approve Consent Agenda Item B as read. Moved by Parsons, Seconded by Woods. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Regarding Item 2 in the Public Works and Utility Departments Project Status Report, the meetings the contractor had been having with citizen groups, Commissioner Woods asked if any other meetings are planned to be scheduled. Mr. Hanson stated no other meetings had been scheduled at this time, but they are waiting on one other subdivision group, Oceanwalk, to set a meeting time. Commissioner Woods asked to be notified when that meeting is set. Mr. Hanson stated he does not believe those are intended to be public meetings. He stated he made the offer to go to the subdivision associations and although he has no objection to her attending them, they are not his meetings. Commissioner Woods reiterated all she asked for was notification. Motion: Approve Consent Agenda Item A as read. Moved by Parsons, Seconded by Daugherty. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. ORDINANCE NO. 65-11-37, Public Hearing and Final Reading February 14, 2011 REGULAR COMMISSION MEETING Page 3 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW SECTION PROVIDING FOR THE PLACEMENT AND MAINTENANCE OF UTILITY FACILITIES IN THE PUBLIC RIGHTS -OF -WAY WITHIN THE CITY, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 65 -11 -37 by title. Motion: Approve Ordinance No. 65 -11 -37 as read. Moved by Woods, Seconded by Parsons. Public Works Director Rick Carper explained wording added to the Ordinance related to the construction bond under Item 12, "the requirement for a construction bond may be waived by the City Manager if the applicant for the permit provides sufficient evidence of its ability to pay, which may include audited financial statements" and to Item 13, a similar statement "the requirement for a Security account may be waived by the City Manager if the registrant provides sufficient evidence of its ability to pay, which may include audited financial statements. He stated these statements were requested by JEA to be added to the Ordinance and at the City Attorney's recommendation he added the word "audited" to their requested language. He further stated he has no problem with the changes. Mayor Borno opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Commissioner Parsons asked if JEA had any problem with the "audited" addition. Mr. Carper stated that was discussed at the meeting as well as in Mr. Jensen's email. Commissioner Parsons stated he believes this is a reasonable request. Commissioner Woods stated she is uncomfortable with the changes added because although audits are good, they are history and a lot of things happen during construction and secondly, the City Manager has many talents but she does not believe he is an accountant. She stated she believes it would be cleaner and simpler to stick with bonds that were required before this language was put in. She stated she would like to see that language taken out. Mr. Hanson stated that language is not in there now, it would take the City Commission voting to amend the language prior to the final reading to be added in. Motion: Amend Ordinance to add the changes as recommended by JEA. Moved by Parsons, seconded by Borno Commissioner Daugherty asked if it was correct that the purpose of having a construction bond is so that if something goes wrong or damage is done to other property we can recoup that damage through the bond. Mr. Carper stated that was correct. Commissioner Daugherty stated he was not comfortable with the new language. He asked if this language would only apply to JEA. Mr. Carper stated this would apply to any utility with facilities in the right -of -way but the waiver would be granted conditionally by the City Manager to the ones he felt met the requirement of February 14 2011 REGULAR COMMISSION MEETING Page 4 the ordinance. Commissioner Daugherty asked if there have been instances in the past where the City has had to capture money from the bond. Mr. Carper stated no, they have never had a bond in the past. He stated they have never had a mechanism to go after other utilities for reimbursement. Commissioner Daugherty stated with JEA he doesn't foresee a problem, but other people he is not as comfortable with and the reason you have construction bonds is so you can recoup losses should they occur. Mr. Carper pointed out that this only affects utilities that are putting things in our right -of- way and they have to have a permit to do that anyway. He further stated they would not let a fly -by -night utility come in here; they would be a financially responsible firm anyway, i.e. AT &T, JEA, Comcast, TECO Peoples Gas. He stated if a company was not of a significant size that would be the case when the construction/security bond would come into play. Mr. Hanson added the City has almost daily dealings with JEA, Comcast and AT &T and his assumption is that they would meet this requirement and he feels comfortable that if they mess something up we could get them to fix it. He stated for any of the smaller companies he would be a lot less comfortable with them putting something in the right -of -way because they can tear up a lot of things. He stated he believes this ordinance is more intended to give the big companies we deal with pretty regularly a break. Discussion ensued. Mayor Borno asked Ms. Higley, who was in the audience representing JEA, if this was good language JEA was comfortable with. Carol Higley, 21 West Church Street, representing JEA, stated when they met with Mr. Hanson and Mr. Jensen they worked through the language and discussed any concerns. She stated they understand the goal is to have one ordinance across the board and, as they discussed JEA specifically, they talked about the strong working relationship they have with the City of Atlantic Beach and their ability to correct any issues that may arise. She stated they were advised by General Counsel that the construction bond was a challenge and, therefore, they submitted the language to be able to offer the potential to substitute the financial statement, that Mr. Jensen changed to "audited ", which they fully support. Commissioner Woods asked what she meant by a challenge. Ms. Higley stated she is not the legal or risk management person so she does not have that answer tonight but would be happy to find that out and get back to her regarding what some of the details were that were more burdensome than the proposed language they submitted. Commissioner Woods stated she was making a leap here that if it was challenging to JEA then it would be challenging to everyone and no one is going to want to do it. She stated the Commission's job is to work with them and other utilities but their primary job is to protect our City and our City's interests just like Ms. Higley's is to protect JEA. She stated she still would feel more comfortable with the language being left out. City Attorney Jensen stated they need to understand the purpose of the bond and the security account is to assure they have the financial wherewithal to correct these things and it was their opinion that someone like JEA would have the financial ability to make any repairs necessary without posting a bond. He stated if someone unknown comes in, or someone comes in that is known who is doing a much larger project, they can still require a bond. He stated, however, if a company can provide us with audited financial statements showing they have more than sufficient funds and financial ability February 14, 2011 REGULAR COMMISSION MEETING Pate 5 to make any repairs, it would seem logical then to waive the requirement of a bond. Discussion ensued. Commissioner Parsons stated he was baffled by some of the arguments when you are talking about the JEAs, AT &Ts and Comcasts of the world. He stated you are irritating someone who works with us a lot, with whom we have a good relationship and they are going to go back and say Atlantic Beach is really being uncooperative. He stated we have been doing business with these companies for years and they have been around longer than any of us sitting up here. He stated he believes the amendment should be added because it is ridiculous to go to these type companies and say Atlantic Beach is worried about you. Commissioner Woods stated she understands what Commissioner Parsons is saying and knows we have good working relationships with these companies but this language doesn't say that. She stated this language leaves it up completely to one person's discretion and maybe it's Jim and maybe it's not because this ordinance will probably be here for a number of City Managers. She stated she is uncomfortable with this language and it's no ill will toward Comcast or anybody else. She stated their position as a City Commissioner is to do what they can to protect the City and maintain working relationships but she still is not comfortable with the language because they are all assuming it's only talking about Comcast and AT &T, but none of that's in here. Mayor Borno stated the City Manager is the administrative person who carries out whatever the Commission puts forward and he also has financial people and other staff who have the ability to evaluate auditing. He stated it is not the City Manager doing the audit, it is staff. He stated you can't say it is just one individual making this decision, it is the staff. He stated he believes this ordinance is a tool that is very well thought out. He stated the Commission is getting into micro- managing again and that is not what they are there for. Stating because of the apparent feelings they have for the capabilities of the City Manager, Commissioner Parsons asked if Commissioners Woods and Daugherty would be happy if they actually named JEA, AT &T and Comcast etc. and put them in there separately and have staff rewrite and bring the ordinance back to the Commission. Commissioner Daugherty stated this has nothing to do with the City Manager. He stated he is very capable. He stated this is just erring on the safe side. He stated he would be comfortable if they deferred this and see what Commissioner Fletcher has to say and in the meantime take this back to JEA to have a $1 million standing bond. Commissioner Woods stated she believes Commissioner Parsons misunderstood what she was saying. She stated she did start out by saying the City Manager had a lot of talents and was not disparaging him or JEA or anyone else. She stated the other point is that some of the companies are publicly traded and can be sold and you would have to go back in and change the ordinance. February 14 2011 REGULAR COMMISSION MEETING Pace 6 Mayor Borno stated he understands that this ordinance is not just for the big companies but for anyone who works in the right -of -way. Mr. Carper stated that was correct and anybody could request a waiver. Motion: Defer the ordinance until the next meet Moved by Daugherty, Seconded by Parsons Commissioner Woods asked for clarification of what the deferral was for. Commissioner Daugherty stated it is to get Commissioner Fletcher's input and to talk about it further. Commissioner Woods added it would also allow us to hear back from JEA and anyone else interested. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED B. ORDINANCE NO. 20-11-108, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011. Mayor Borno read Ordinance No. 20 -11 -108 by title. Motion: Approve Ordinance No. 20 -11 -108 as read. Moved by Parsons, Seconded by Daugherty. City Manager Hanson explained the amendments to the operating budget which includes recording the revenues and expenses for the new stage at the Veterans Memorial Park. He stated the City has already received a check for $50,000 from the Veterans groups which should cover the cost. He stated the second amendment is to transfer some leftover money from another grant to extend the salary for the Community Redevelopment Coordinator through the end of April. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Selva Marina Sewer Rehabilitation. Public Utilities Director Donna Kaluzniak explained this is a continuation of the sewer master plan recommendations to line the old clay sewer lines and manholes. She stated they will be piggybacking, as in the past, on JEA's contracts. Commissioner Woods stated she has noticed sometimes when we have bids the report will show only some of the bids and not all which seems to not be in line with our Sunshine Laws. She gave a handout to the Commission with areas she had highlighted February 14 2011 REGULAR COMMISSION MEETING Pate 7 for emphasis and asked Mr. Jensen for his input. She stated in the meantime, she does not believe they should vote on it. Ms. Kaluzniak explained this is a JEA bid that we are piggybacking on. She stated she could get copies of their bid but they usually just reference their low bid. She stated this bid was opened in the public under JEA at their formal bid opening and all the bids were listed. She stated all we did was ask if we could piggyback on their low bidder, which they have done for all of the sewer rehabs so far. Mr. Hanson stated every time we take bids, all of the bids are referenced in the staff report but when you piggyback on someone else's bids they don't try to go back and get a compilation. Mr. Carper agreed, stating on several of his bids where he has had ten or more bidders, the staff report will only reference the low bid or the top three, but there is always a bid analysis attached which lists all bids as prepared by the Purchasing Agent for every bid opened in the public. Commissioner Woods stated that is lacking in this one and also when they looked at the financing it was mentioned there was more than one bidder but they didn't get that information. City Attorney Jensen explained these weren't bids that were submitted to Atlantic Beach. They were bids of JEA who gave the lowest bid to Insituform and we are piggybacking on their unit prices. Ms. Kaluzniak stated that was correct. Commissioner Woods stated we don't have that information. Mr. Jensen asked her what information? Commissioner Woods stated, what the other bids were. Mr. Jensen reiterated the bid was awarded by JEA. Commissioner Woods stated she knows that but they have to make the decision on this particular project and they don't have that information to make that decision on. She stated she knows what it says and she is not disagreeing that it is low, but she is saying, as a Commission, they are not given that information here. Mr. Jensen asked her to clarify that she wants the information from JEA about who the other two higher bidders were. Commissioner Woods stated that was why she was asking Mr. Jensen's opinion to look into it a little bit more and see if it applies that we should be given all of that information. Mr. Jensen stated it does not apply when we are piggybacking on someone else's State contractor or JEA contractor. Mr. Carper stated our purchasing code only allows us to piggyback on an awarded contract so we couldn't piggyback with the other vendors even if they were lower. Mr. Kaluzniak stated she did look at this bid and they were the low bidder by a pretty good amount. Commissioner Woods stated that was not her question/issue, she just wanted to make sure we are doing this correctly and if there are different rules to piggybacking she would like to know what they are. Ms. Kaluzniak stated that is in our purchasing ordinance. Mr. Hanson further explained the theory on piggybacking on bids is based upon the idea that a much larger bid is going to get you a much better price. Discussion ensued. Motion: Authorize Insituform Technologies, Inc to install cured -in -pla pipe (CIPP) for the Selva Marina Sewer Rehabilitation Project in the am ount of $271,071, using specifications and pricing in JEA Contract No. 82768. A Concrete Conservation, Inc to provide manhole rehabilitation for the Salt Air Sewer Rehabilitation Project in the amount of $22,537 using specificat and pricing in JEA Contract No 88990 Authorize the City Manager to sign the contracts with Insituform Technologies, Inc and Concrete Conservation, Inc. February 14, 2011 REGULAR COMMISSION MEETING Page 8 Moved by Parsons, Seconded by Daugherty. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED B. Request Authority to Apply for Florida Department of Transportation (FDOT) Grant Funding- Purpose: Bicycle /Pedestrian Safety. Assistant City Manager David Thompson summarized his staff report and explained staff has put together a proposal for a concept paper to submit to FDOT for a one -year grant. He stated he is requesting the Commission's authorization to proceed with the concept paper and approval for the Mayor to sign the paperwork. He answered questions from the Commission. Motion: Authorize staff to submit a Concept Paper and a subsequent application to FDOT for one year of grant funding, and authorize the Mayor to sign initial and subsequent documents for this grant. Moved by Daugherty, Seconded by Parsons. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report. Mr. Hanson reported on the latest alcohol deployment stating of twenty -two businesses checked, two businesses did sell alcohol to minors, the Burrito Cantina and the Mayport Food Store. He stated the Strategic Plan Quarterly Report has been distributed. He stated the Strategic Planning Workshop meetings will be held next Tuesday and Wednesday, at 5:00 pm at Adele Grage. Mr. Hanson reported on the National Conference on Beach Renourishment Technology that was held last week. He stated the next renourishment is scheduled to begin this summer, with 1.7 miles of renourishment in Atlantic Beach. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners City Attorney A. City Attorney regarding speaker forms. City Attorney Alan Jensen explained the change to the speaker forms which was requested by Commissioner Daugherty. Motion: Change the blue speaker forms as recommended by the City Attorney. Moved by Daugherty, Seconded by Woods February 14, 2011 REGULAR COMMISSION MEETING Pate 9 Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Commissioner Woods • Commented on the Building Department Report, stating the number and value of the permits had doubled which she believes is a good sign for Atlantic Beach and the economy in general. • Stated she put a short video on YouTube of the front runners near Adele Grage from the 26.2 with Donna marathon. • Related to Commissioner Daugherty's comments at the last meeting regarding Mr. Jensen's negative comments against her, stated she has reviewed the email thread between Alan Jensen, the March 22, 2010 letter from her attorney, Gray Thomas, to Alan Jensen and the March 22, 2010 letter Mr. Thomas wrote to Mr. Lippes. She stated she is putting Mr. Jensen on notice that she is considering filing a complaint against him with the Florida Bar in accordance with Rule 3 -4.3, the Della Donna Rule. She further requested that Mr. Jensen's behavior toward her change and that he interact with her on a professional level, as he accords other members of this Commission, from now moving forward. She requested a copy of her comments, the email thread and the two letters mentioned be included with these minutes (which are attached and made part of this Official Record as Attachment A). Commissioner Parsons • Stated he totally disagrees with Commissioner Woods and Mr. Jensen has been nothing but a great servant to the Commission and the people of Atlantic Beach and sees nothing wrong with the wording he used or what he has done in the past. • Stated Atlantic Beach has some culture in it now. He stated he ran into David Thompson at the Darnell Cookman Extravaganza Saturday night and was shocked when they introduced Mayor Borno. Stated he was real proud of them. Commissioner Daugherty • Clarified that he is not supporting a lot of the things Commissioner Woods is doing and the burden she is putting on staff with the records requests, although he commends her for the effort she has put in to doing her job. He stated he believes Mr. Jensen's responses were reactionary and he sat down with him that week and discussed this issue. He stated they came to a conclusion that anytime an accusation is made by Commissioner Woods toward Mr. Jensen or the City Manager he will notify the Commission and it will be up to the Commission to govern themselves. He acknowledged he also threw Mr. Jensen under the bus and he believes that when he is talking to an employee he should also treat them with respect. He stated a lot of what Commissioner Woods wrote was very accusational and unprofessional, as well. He stated he also does not appreciate some of the language she used toward some of the City employees. In the future, he stated he hopes we can get past this and discuss things in a very civil manner. February 14, 2011 REGULAR COMMISSION MEETING Pa Se 10 Mayor Borno • Agreed with Commissioner Parsons that the extravaganza downtown was exceptional. He stated he has never seen a group of high school students whose performance makes Broadway look sick. • Stated he spoke with Donna Deegan who was very happy with the cooperation of Atlantic Beach and the citizens' response to the race. • Stated we are all supposed to be working together as a team and should not be drawing lines in the sand and he believes each of them have to evaluate that all the time as they do their job. He urged everyone to consider that as they progress forward and see if they can't get onboard a wee bit better. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:11 p.m. Mike Borno, Mayor /Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk 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 ENT A 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= RgAAAACHA6upZJtUQI... 2/13/2011 RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amende( 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= Item& t = 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 RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amendec ATTACHMENT A Cc: Hanson, Jim Subject: FW: Emailing: RCBS -Order Granting Defendants motions to dismiss amended complaint 1_18_2011 Alan, FYI. Donna From: Woods, Carolyn Sent: Thursday, January 20, 2011 5:18 PM To: Bartle, Donna; Borno, Mike; Daugherty, Jonathan; Fletcher, John L; Parsons, Paul Cc: Hanson, Jim Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amended complaint 1_18_2011 Donna, My understanding is that although the judge granted the motion to dismiss this suit based on the RCBS as the complaintant he found the RCBS successors do have standing in this issue and cleared the way for the RCBS successors to amend the complaint and proceed with a suit to clear title. Which I believe we should expect will happen if it has not already. Thank you, Carolyn 241 -8973 From: Bartle, Donna Sent: Wednesday, January 19, 2011 11:58 AM To: Borno, Mike; Woods, Carolyn; Daugherty, Jonathan; Fletcher, John L; Parsons, Paul Cc: Hanson, Jim Subject: Emailing: RCBS -Order Granting Defendants motions to dismiss amended complaint 1_18_2011 Attached is information I received from Alan Jensen regarding the RCBS Case. Thanks, Donna http: / /abmail.coab.us /owa / ?ae= Item&- t= IPM .Note &id= RgAAAACHA6upZJtUQI... 2/13/2011 ATTACHMNT A SHEPPARD, WmTE, THOMAS 8L KACHERGUS, P.A. Attorneys & Counselors at Law 215 WASHINGTON STREET JACKSONVILLE, FLORIDA 32202 904/356 -9661 WM. J. SHEPPARD Telefax 904/356 -9667 D. GRAY THOMAS Board Certified Criminal Trial Lawyer Also admitted to the Georgia Bar ELIZABETH L. WHITE Also admitted to the Oregon Bar 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: MATTHEW R. KACHERGUS BRYAN E. DEMAGGIO 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. DGTAdh[woods.earolyn jensen.ltrl email: sheplaw@att.ner ATTACHMENT A SHEPPARD, WHITE, THOMAS 81 KAACHERGUS, P.A. Attorneys & Counselors at Law 215 WASHINGTON STREET JACKSONVILLE, FLORIDA 32202 904/356 -9661 WM. J. SHEPPARD Telefax 904/356 -9667 D. GRAY THOMAS Board Certified Criminal Trial Lawyer Also admitted to the Georgia Bar ELIZABETH L. WHITE Also admitted to the Oregon Bar 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. Uppes: MATTHEW R. KACHERGUS BRYAN E. DEMAGGIO 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 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 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: sheplaw @atc.ner ATTACHNMNT 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. DGTAdh [woo ds.carolyn.lippes.ltr] cc: Alan C. Jensen, Esquire, City Attomey