Exh 8Aa
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
' STAFF REPORT
AGENDA ITEM: Waiver of Conflict of Interest
SUBMITTED BY: David E. Thompson, City Manager
Qrl
z-z2-99
DATE: February 16, 1999
BACKGROUND: Please see the attached letter from the City Attorney. This letter
explains the potential conflict, and the City Attorney believes that
there should be no problem in executing the conflict waiver.
RECOMMENDATIONS: We recommend that the City Commission authorize the City
Manager to sign the Conflict Waiver.
ATTACHMENTS: Letter to the City Manager from City Attorney Alan Jensen
including attached Conflict Waiver
REVIEWED BY CITY MANAGER:
~'
`~ ALAN G JENSEN
Attorney at La~v
935 North Tliicd Street
/~ Post Office Box 50457
Jaclsonville Bcach, Florida 32240-0457
Telephone (904) 246-2500
February 3, 1999
Chief David E. Thompson
Acting City Manager
City of Atlantic Beach
850 Seminole Road
Atlantic Beach, FL 32233
RE: JTA/Wonderwood
Dear David:
Facsimile (904) 246-9960
VIA FAX
(904) 247-5805
I received yesterday and enclose herewith a copy of a letter from Mark Arnold who has been
asked to represent 7TA in the acquisition of properties necessary for Wonderwood Road, and
in pazticular the four fee pazcels and three temporary construction easements requested from the
~` City of Atlantic Beach. Since the firm which employs Mr. Arnold has represented the City in
various labor negotiations, Mr. Arnold has requested that the City sign a conflict waiver.
The matters are totally unrelated and I do not really see any problem in executing the conflict
waiver; however, it will be up to the City Commission. If the Commission elects to waive the
conflict, they should also authorize either you or the mayor to sign the letter and return it to Mr.
Arnold. Hopefully, you can address the Commission on this request at the meeting next Monday
night, February 8.
If you have any questions in this regard, please let me know.
Very truly yours,
~i'~-
/r
ALAN C. JENSEN
Enclosure
ACJ/sky
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/`1 CHARLES D. TOWERS. JR
1 JAMES M. McLEAN
FRED M. RINGEL
DAVID M. FOSTER
C. WILLIAM REINEY
ALLAN T. GEIGER
G. KENNETH NORRIE
DOUGLAS A. WARD
YlILLWM E. SCHEU
PAUL P. SANFORD
IRVIN M. WEINSTEIN
ROBERT 7.HYOE,JR
EDWARD L KELLY
H. JOSEPH O'SHIELOS
DONALD C. WRIGHT
JOSEPH O. STROUD. JR
MICHAEL 0. WOORICH
CECILE EVANS RIDER
E. ALLEN HIEB. JR
J. KIRBY CHRITTON
T.R HAINLINE. JR
CHRISTOPHER C. HAZELIP
SUSAN C. MCDONALD
BETSY COX MAHIN
ANTHONY 0. ANDERSON
MARCW PARKERTJOFLAT
ANNE K BU28Y
KURT H. OUNKLE
RICHARD L MAGUIRE
JAMES M. RILEY
MARK M. AANOLD
GEORGE M. McCLURE
JOHN L WHREMAN
C. DAVIS ELY
ROGERS, TOWERS, BAILEY, JONES & GAY
A PROFESSIONAL ASSOCIATION
RICK MONTE REZNICSEK
REGINA ALBERINI YOUNG
WILLAM 0. OlFARY
GREGORY F. LUNNY
JOHN R IBACH
EMILY G. PIERCE
JAMES W. MIDOIETON
CHERYL L.WORMAN
JOHN 0. SAPORA
SANDRA J. MATHIS
PATRICUI J. HILL
GILBERT L FELTEL, JR
ADRUIN RUST
CINDY L BARTW
TROY K SMITH
LORI S. PATTIItAN
STEVEN DIEBENOW
ALEXANDER G. MOODY'
CHRISTOPHER M. HODGE
RICHARD S. VERMUT
LEIGH S. SCALES
CHARLES R CURLEY, JR
CHRISTINE T. ADAMS
F. EUGENEATW000
KATHRYN KNEE
KAREN E. WEND2EL
STEVAN M. JONES
hW2GARET pMfADFSCCRDOBA
THOMAS J. ERASER JR
SUSAN S. BLOODWORTH
MARGARET B. WETHERBEE
ARNETTA C. G>FiARDEAU
CHARLES A. BEARD
ATTORNEYS AT LAW
1301 RIVEFu'LACE BOULEVARD
SUITE 1500
JACKSONVILLE, FL 32207
TELEPHONE (904) 398-391 l
FAx (904) 396-0663
WRITER'S INTERNET ADDRESS:
MArnold®rUaw.com
WRITER'S DIRECT DIAL NUMBER:
(904)346.5540
February 1, 1999
TALLAHASSEE OFFICE
708 SOUTH MONROE STREET
P.O. BOX 1872
TALLAHASSEE. FLORIDA 32302-1872
(B50) 222-7200
FAX (850)222.7204
ST. AUGUSTINE OFFICE
81 KING STREET. SUITE A
P.O. BOX 3504
ST. AUGUSTINE, FLORIDA 32085-3504
904) 824-0879
F (904) 825070
SPECIAL COUNSEL
HOWARD I.KORMAN
ALFRED J. POMERANZ
'Admitted in N.Y. only
PLEASE REPLY TO:
JACKSONVILLE
VIA FACSIMILE 904/246-9960
City of Atlantic Beach
Atlantic Beach, Florida
c/o Alan C. Jensen, City Attorney
P. O. Box 50457
Jacksonville Beach, FL 32240-0457
Re: Conflict Waiver
Deaz Alan:
I have been asked by the Jacksonville Transportation Authority (the "JTA") to represent it
in the acquisition of vacant property owned by the City of Atlantic Beach (the "City") designated
as four fee pazcels and three temporary construction easements, all located in Tract A of the Plat of
ivlaybrook as part of the Wondervvood Connector.
We have on various occasions represented the JTA on other matters. We presently represent
the City in contract negotiations with some of its unions. In order for us to represent JTA in the
above-described matter, it will be necessary for both the JTA and the City to waive any potential
conflict of interest occasioned by our representation of the JTA in this matter with the City. In so
representing JTA in this matter, we would not be obliged to look out for the interests of the City,
despite our representation of the City in the contract negotiations with certain of its unions. Our
representation of the JTA in this matter would obligate us to represent only the interests of the JTA.
If both the JTA and the City agree to our representation as described above, we would ask
each party to sign the enclosed copy of this letter indicating that the potential conflict of interest has
t
ROGERS, TOWERS, BAILEY, JONES & GAY
February 1, 1999
Page 2
been waived. Before granting the waiver, each party is encouraged to consult with other legal
counsel concerning the appropriateness of granting this conflict of interest waiver.
Sincerely,
Rogers, Towers, Bailey, Jones & Gay
B ~"`"
Y•
Mark M. Arnold
Conflict of interest waived:
CITY OF ATLANTIC BEACH, FLORIDA
By: _
Name:
Title:
H:~.LSER1~tMA\WonderwoV\TLAh'CIC.WAI
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