3-28-11 v MINUTES
REGULAR CITY COMMISSION MEETING
March 28, 2011
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Mike Borno City Attorney Alan C. Jensen
Mayor Pro Tem John L. Fletcher City Manager Jim Hanson
Commissioner Jonathan Daugherty City Clerk Donna L. Bartle
Commissioner Paul Parsons Recording Secretary Nancy E. Bailey
Commissioner Carolyn Woods
Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Parsons 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 March 14,
2011.
Motion: Approve the minutes of the Regular Commission Meeting of March 14,
2011, as written.
Moved by Parsons, Seconded by Fletcher.
Commissioner Woods stated she had a couple of issues with the minutes. She referred
to page 9, stating the discussion about going to Tallahassee was pretty thorough but she
did not see a mention that the position the City was going to present was being that of
the Florida League of Cities agenda and thought that was an important part of the
discussion and should be included. Commissioner Fletcher stated that was on page 7.
Commissioner Woods stated the second issue was on page 10, regarding Mr. Hanson
stating she won't speak or meet with him outside the meeting. She stated that is not
true, they do have conversations and emails and she simply does not have formal
meetings with him. She stated this inaccuracy was repeated by Commissioner
Daugherty farther down the page and wants that corrected.
Motion: Amend the minutes to reflect that the comment that Commissioner
Woods does not speak with the City Manager is incorrect and let the record stand
that she does and they communicate on a regular basis.
Moved by Woods
City Manager Hanson stated he takes issue with that statement. He stated a correct
statement could be that they have cordial conversations from time to time. He stated
she says hello to him occasionally but does not believe it is correct if she is implying
that they have regular communication.
Commissioner Fletcher asked if there was a second to Commissioner Woods' motion
to amend the minutes. Mayor Borno called for a second.
The motion to amend the minutes died for lack of a second.
Votes:
Aye: 4 — Borno, Daugherty, Fletcher, Parsons
Nay: 1— Woods
MOTION CARRIED
March 28, 2011 REGULAR COMMISSION MEETING Page 2
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Ron Whitesides, Purvis Gray & Company, presented the results of the 2010 audit
stating there were no deficiency findings in controls in the report. He stated that part of
the report is excellent and continues to indicate the City does a very good job of
maintaining controls over financial assets and accounting for those assets. He further
discussed the financial results, stating the City had approximately a 9% growth overall
in revenues for the year and expenditures are down about 5% from the prior year,
which resulted in a $2.8 million positive financial swing during the year. Mr.
Whitesides also summarized the pension plans. He stated both plans were
underfunded; the General Employees plan by $3.8 million and the Police plan by $2.7
million, as of September 30, 2009. He stated overall the audit went very well and the
City's financial condition is improving.
Commissioner Daugherty asked if there was anything the City could be doing better.
Mr. Whitesides stated, as far as what they look at, the accounting controls and
processes and how the cities manage their funds, he believes Atlantic Beach does a
very good job and has a very competent staff.
Commissioner Woods asked for clarification, when Mr. Whitesides was talking about
pensions and said closing down a pension and moving to another was very painful in
the short-term, was he saying after about ten years you start to realize your gains or you
level off. Mr. Whitesides stated, for the record, he is not an expert in that but he has
seen a couple of clients who have done it and the result was that for about a decade the
projected required contributions increased substantially. He stated many factors go
into that, but in the short term, a decade or so, you would see significant required
contribution increases to that plan. He stated an actuary could do a study of our
specific plan and really tell us what they think the projection would look like.
Mayor Borno thanked Mr. Whitesides, stating it was a good report and a credit to Mr.
Van Liere and his staff that we have a good report because they very tenaciously do
their job.
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience
and explained the process for public comments.
He stated he had one blue slip, Mr. Harold Lippes.
Commissioner Woods stated point of order. She stated she greatly appreciates and
encourages the public's input but pointed out that, as a Commission, they have initiated
and insisted on a standard of decency for these comments to be courteous, positive and
contain no personal attacks. She stated as Mr. Lippes' prepared comments have any
number of disparaging remarks and personal attacks on her character, it is imperative
that if he speaks or inserts any written statement into the record that he maintain the
established rules of decency set by this Commission and omit all degrading and
negative comments concerning his beliefs as to the state of her character or any
negative and/or made up assumptions as to her motivations and/or actions. She further
stated, as he has never had a discussion with her concerning any of this, all of his
March 28, 2011 REGULAR COMMISSION MEETING Paae 3
assertions are ill conceived, baseless and only serve to be inflammatory. She further
stated the Commission assured her they always act ethically in every aspect of their
lives and now would be a good time to live up to this claim and put it into practice by
holding Mr. Lippes accountable to our established standards for public discourse. She
stated what she is saying is that Mr. Lippes is more than welcome to speak and speak
his mind but he needs to maintain our code of discourse and omit all degrading and
negative comments, both written and spoken. Mayor Borno stated this does not apply
to written, you can supply anything in writing as everybody has, Commissioner Woods
included, in the minutes. Commissioner Woods stated yes, but she has not made
disparaging and negative remarks. Mayor Borno stated that was her opinion. He
requested Mr. Lippes keep his verbal comments within our code and his written
comments he wants to be attached to the minutes are in response to the past and he will
let them stand as is.
Harold Lippes, 800 West Monroe Street, stated his verbal comments were that he
was going to request that his letter which they all received a copy of today be attached
to the minutes as his response to the letter that was attached to the February 14
Commission Meeting minutes (which is attached and made part of this Official Record
as Attachment A). He stated that was to be the extent of his comments, but since
Commissioner Woods made these remarks, he will say that she is right, they never
have spoken with each other. He stated he has reached out to her on more than one
occasion and offered to meet with her to clear the air and discuss these issues but she
has declined. He stated that offer is still open. He stated he has made the offer in
writing and has also made the offer in writing to tell her that if he has ever said
anything about her, or anyone else, which is false or misleading, baseless or
unwarranted, explain what it is and he will be the first one to stand up and apologize
for it. He stated he does not make unwarranted, baseless accusations. Commissioner
Woods stated, let me explain right now, it is any comment. Mayor Borno stated we
have Courtesy of the Floor to Visitors and Mr. Lippes has a time to speak and we are
not going to get into an argument or discussion back and forth. Mr. Lippes stated he
does not want to get into a dialogue at this point, but if at any point Commissioner
Woods wants to meet and talk and clear the air, the offer is open. He stated it always
has been and his offer still stands. He stated if she ever wants to respond to any of the
accusations that were made on a factual basis and he is wrong, he will be the first to
admit it and the first to publicly apologize because that is how he conducts himself.
No one else 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
Mr. Hanson reported on an email received from Josh Ashby, Executive Director of
Fleet Landing, regarding the April 11 date the Commission set to review the sign issue.
He stated Mr. Ashby expressed he will be out of town on that date. Mr. Hanson asked
him to discuss the issue with the attorney for the Kangaroo Station to see if they could
agree on a date to have it come back to the Commission and as of late today they have
not been able to get together. He stated he wanted to make the Commission aware so
March 28, 2011 REGULAR COMMISSION MEETING Page 4
they can anticipate having a request for a further deferral, but the date has yet to be
determined.
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
STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO
THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Recreation Special Events Report and Financial
Reports for February 2011.
Mayor Borno read the Consent Agenda.
Motion: Approve Consent Agenda Item A as read.
Moved by Parsons, Seconded by Daugherty.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, 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
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 presented.
Moved by Fletcher, Seconded by Parsons.
Public Works Director Rick Carper summarized the recommended changes to the
Ordinance since the first reading as listed in his staff report.
March 28, 2011 REGULAR COMMISSION MEETING Page 5
Commissioner Fletcher stated, regarding the restoration requirement, he wanted to
assure we would not be putting a contractor in the position of having to restore
something above and beyond what they displaced. Mr. Carper stated they would be
required to replace what was there.
Mayor Borno opened the Public Hearing. No one from the audience spoke so Mayor
Borno closed the Public Hearing.
Commissioner Woods stated we have an issue with excess run -off and some people
have put pervious pavers in the right -of -way. She asked what would the replacement
requirement be if pavers were removed, because putting in the standard concrete would
cause more run -off. Mr. Carper stated for paver or other nonstandard material
driveways, residents have been required to have a revocable encroachment permit
which requires that in the case that something is done to their driveway for utility
purposes the City or utility would restore it with a standard material. He stated,
however, they are required to carefully remove the existing pavers and if the owner
wanted them to go back in the way they were, they would have to have them
reinstalled. He stated the requirement in the right -of -way is that the right -of -way be at
least 50% pervious. Commissioner Woods asked if there are loose laid pavers will
they pull them up carefully and then automatically put back in the concrete and then we
will have more run -off. Mr. Carper stated no, they will coordinate with the Public
Works Department and the homeowner to ensure we don't have that issue. Mr.
Hanson added a lot of these pavers are put in by specialty contractors and JEA, AT &T,
etc. may not be able to deal with that specialty. He stated if they want their brick
driveway put back they need to have their own people come back and put them back in.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
(Item 8D was taken out of sequence and acted on at this time.)
8D. Report on Police Building Workshop.
Assistant City Manager David Thompson explained the additions and design costs to the
base Building Design as outlined in his staff report, stating he needed direction from the
Commission regarding the design costs of the additions.
Commissioner Fletcher stated he would like to delete the design for the covered walkway
and bridge design and include the parking lot lighting design.
Motion: Include the GeoThermal HVAC and Hot Water, remove the design for the
covered walkway and bridge design and add the design for the parking lot lighting.
Moved by Fletcher, Seconded by Parsons
Commissioner Parsons stated he agrees with Commissioner Fletcher on the walkways but
asked why it would cost $4,500 to design the parking lot lighting. Mr. Thompson
explained, although he cannot speak for ADG, they are looking for energy efficiency and
part of that is where you locate the lights, timers, etc. Discussion ensued. Commissioner
March 28, 2011 REGULAR COMMISSION MEETING Page 6
Parsons further stated half of the lights haven't worked in years and one is gone because it
got hit. He stated when you look at how pretty we have done everything else in the City,
if you looked up at those lights you would think we were a third world country the way
they look now. He stated he doesn't mind including it but would like to see if we could
get a light company to design it before we spend the $4,500. Mr. Carper stated whoever
designs the lights will be required to design them to IESNA standards and they must be
certified, signed and sealed by a lighting engineer and they will charge us something for
that design. He stated a lighting company is not going to do that to the standards we want
and need to have from a City liability standpoint because it is a public parking lot,
building and park. City Manager Hanson explained, in response to Commissioner
Parsons' comment about how the current lighting looks, he has been the stingy guy over
the years who hasn't put them in the budget to replace them. He stated they purposely
have not done maintenance in terms of rebuilding the light system for several years
because they knew the police building plan was coming and they anticipated some
parking lot redesign and felt it would be best to rebuild the whole system at one time.
Commissioner Parsons stated they have convinced him.
Votes:
Aye: 4 — Borno, Daugherty, Fletcher, Parsons
Nay: 1— Woods
MOTION CARRIED
Mr. Thompson further clarified the items they would not be pursuing with this project, as
listed in his staff report. He also explained, to proceed with the design of the stormwater
system for the new building, additional geotechnical work is required that will cost
$3,610, which is included in the ordinance for the budget adjustment.
B. ORDINANCE NO. 20-11-109, 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 -109 by title.
Motion: Approve Ordinance No. 20 -11 -109 as read.
Moved by Fletcher, Seconded by Daugherty.
Finance Director Nelson Van Liere explained the adjustments to the budget in the
ordinance, including the new police building design just discussed and to continue
funding for the Mayport Road Coordinator position through the end of the year.
Mayor Borno asked if they need to modify the Ordinance to reflect the vote in 8D. Mr.
Hanson stated they need to modify the Ordinance to delete Items 4, 5 in the staff report
with new total for the Police Building engineering being $19,600.
Motion: Amend Ordinance No. 20 -11 -109 to delete Items 4, 5 with the new total
for the Governmental Capital Project Fund being $19,600.
Moved by Fletcher, Seconded by Daugherty
March 28, 2011 REGULAR COMMISSION MEETING Page 7
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Commissioner Woods stated she was happy to see they are continuing with the
Mayport Road Redevelopment Coordinator position and believes Dale Hatfield is
doing a fantastic job out there. She further stated she was sorry these two things were
on the same ordinance. She believes we are putting the cart before the horse with the
police building designs since we have not decided we are going to do the police
building yet and she still has some concerns about the police building. She stated
although she is very much in favor of the Redevelopment Coordinator's position, she is
going to vote no based on the police building items on the ordinance.
Commissioner Parsons clarified the reason we were able to keep Dale Hatfield's
position was because they were not able to fill two police positions. He cautioned that
money may not be there all the time.
Mayor Borno called for a vote on the amended ordinance.
Votes:
Aye: 4 — Borno, Daugherty, Fletcher, Parsons
Nay: 1— Woods
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Request to apply for a Neighborhood Grant to enhance the summer camp
programs at Donner and Jordan Park Community Centers in the amount of $5,000.
Mr. Thompson explained the grant program through the Beaches Resource Center and
the request. He explained they would like to use the money to add staff to both Donner
and Jordan Community Centers during their summer camp programs because they
currently have only one paid employee at each Center for the camps. He stated with
the Commission's approval he will submit the paperwork to the school resource center
to see if they can get approved for the funding for the summer.
Motion: Authorize staff to submit a neighborhood grant application to enhance
summer camp programs at Donner and Jordan Park Community Centers in the
amount of $5,000.
Moved by Fletcher, Seconded by Daugherty.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
B. FY 2010 -2011 Resurfacing Project Completion.
March 28, 2011 REGULAR COMMISSION MEETING Page 8
Mr. Carper summarized his staff report stating staff recommended that we piggy -back
on the City of Jacksonville's contract again. He stated the streets being recommended
for paving are Begonia Street, Lakeview Court, and West 14 Street.
Motion: Approve staffs proposal to piggy -back on City of Jacksonville's annual
Resurfacing Contract with Duval Asphalt for resurfacing Begonia Street,
Lakeview Court, and West 14 Street, as allowed by the City's Purchasing Code
2- 336(6).
Moved by Woods, Seconded by Daugherty
Mr. Carper answered questions from Commission Daugherty.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
C. Approval of Interlocal Agreement and Authorization for the Mayor or Designee
to execute an Interlocal Agreement with the City of Jacksonville for commercial
electrical, plumbing and mechanical inspections.
Mr. Thompson explained we are required by the State to provide State certified
inspectors to perform these services. He stated we have two people certified to do
residential, however, we currently have only one who is certified to do commercial
inspections, Building Official Mike Griffin. He stated we do not have a process in
place to cover inspection duties should Mr. Griffin be out. He stated the City of
Jacksonville is willing to do this for $50 /inspection. He stated staff is asking the
Commission for approval to enter into an Interlocal Agreement with Jacksonville to
provide these services in the event Mr. Griffin is not available.
Motion: Approve the Interlocal Agreement for commercial electrical, plumbing
and mechanical inspection services and to authorize the Mayor to sign the
agreement.
Moved by Woods, Seconded by Fletcher.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
D. Report on Police Building Workshop.
This item was taken out of sequence and acted on earlier in the meeting.
E. Confirm the appointment of Harry McNally to the Police Officers' Board of
Trustees for a two -year term beginning 05/15/11 and ending 05/14/13 and to the
General Employees' Pension Board of Trustees for a four -year term beginning
05/10/11 and ending 05/09/15.
March 28, 2011 REGULAR COMMISSION MEETING Page 9
Finance Director Nelson Van Liere explained that Mr. McNally serves on both boards
and his term is expiring. At the last meeting, both boards recommended reappointing
Mr. McNally and he agreed to serve. He stated his attendance record is excellent, he is
always prepared and is a very sensible person on the pension matters. He further stated
Mr. McNally has also received his certification. Mr. Van Liere stated his
recommendation is that Mr. McNally remain on the board.
Motion: Confirm the appointment of Harry McNally to the Police Officers'
Board of Trustees for a two -year term beginning 05/15/11 and ending 05/14/13
and to the General Employees' Pension Board of Trustees for a four -year term
beginning 05/10/11 and ending 05/09/15.
Moved by Woods, Seconded by Fletcher.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
City Manager 9. City Manager
A. City Manager's Report.
Mr. Hanson reported the pension boards have met since the last Commission meeting
to discuss the recommendations from the actuary, which are the assumptions used to
determine how much money the City needs to put in the two pension plans to keep
them whole. He stated, without any changes in assumptions, the cost to the City next
year would increase by $174,000, spread between the two pension plans. He stated
there were two sets of assumptions that were recommended for review, demographics
and rate of return. He stated both assumptions would result in increased contributions
from the City next year. He stated the decision of the pension boards was to amend
only the demographic assumptions and not the rate of return. He stated by doing that
the resulting cost increase for the City next year goes up to $366,000, a 32.6% increase
in the pension contribution for the two funds together. He stated that is a lot less than it
would have been had they changed the assumptions for the rate of return.
Mr. Hanson asked Chief Classey to report on a citizen survey on police services. Chief
Classey stated they mailed 500 random surveys to addresses from the City's water bills
and received 126 returned. He summarized the highlights of the survey responses,
stating the overall score was 3.56 out of a possible 4.
Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney
City Commissioners
City Attorney Commissioner Woods
• Attended the Inspirational Concert for Change at Donner Park which was a
very positive and beneficial event.
• Thanked Mr. Hanson and the Commission for following through with the
internship partnership with UNF. She stated, hopefully, this initial study on the
impacts of the naval plans at Mayport on our community will lead to a good
basis for future planning.
March 28, 2011 REGULAR COMMISSION MEETING Page 10
• Reported on the Legislative Action Day, stating she believed it was very
successful. She explained her attendance cost the City not one penny; she paid
her own way.
• Stated since there is a continuing concern about her communication with the
City Manager, she asked him to use the hour that they don't meet formally and
prepare a written synopsis of the issues he believes she needs to know about
what is on the agenda.
Mayor Borno
• Further reported on the Legislative Action Day stating, among other
appointments, they met with the Secretary of the Department of Business and
Professional Regulation to discuss issues regarding the sale of alcohol to
minors.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:27
p.m.
71 /1.2-1—c,
Mike Borno, Mayor/Presiding Officer
ATTEST:
,t�rli amtet
Donna L. Bartle, CMC
City Clerk
ATTACHMENT A
LIPPES & BRYAN, P.A.
ATTORNEYS AT LAW
800 WEST MONROE STREET
JACKSONVILLE, FLORIDA 32202
Harold S. Lippes TELEPHONE (904) 633 -8781
Mark C. Bryan FACSIMILE (904) 633 -7570
March 28, 2011
Mayor Mike Borno
COAB Commissioners
Atlantic Beach, Florida
Re: Commissioner Woods /February 14, 2011 Commission Meeting Minutes
Dear Mayor Borno and Commissioners:
I read the minutes from the February 14, 2011 Commission meeting. Pursuant to
a request from Commissioner Carolyn Woods, two letters are attached to the meeting
minutes which are both dated March 22, 2010. One letter was from her lawyer (Mr. D.
Gray Thomas) to me and the other was from Mr. Thomas to City Attorney Alan Jensen.
I am reluctant to get drawn into Commissioner Woods' constant efforts to create and
sustain hostility and friction. However, when Commissioner Woods includes something
in the public records which is false or misleading it is important to set the record straight.
I request that you attach a copy of this letter to the minutes for the March 28, 2011
Commission meeting.
In his March 22, 2010 letter to me, Mr. D. Gray Thomas states that my "attacks"
on Commissioner Woods in correspondence to the City Attorney and to State Attorney
Angela Corey are unfounded and unwarranted and that my demands on her are
meritless. My letters to City Attorney Alan Jensen and State Attorney Angela Corey
which Mr. Thomas referred to are attached to this letter as Exhibits "A" and "B ". Every
statement I made in the letters, including every accusation concerning false and
dishonest statements Commissioner Woods made in her February 5, 2010 letter to the
State Attorney, is 100% accurate and truthful. As everyone knows Commissioner
Woods has been given multiple chances to respond to these accusations but she has
declined. In fact, as the meeting minutes confirm, Commissioner Woods walked out of
the March 8, 2010 Commission meeting when she was pressed to explain her false and
dishonest statements. She chose to deliberately violate Section 2 -19, Rule 6 of the
City's Ordinance Code instead of being transparent.
Commissioner Woods has never explained why she made false and dishonest
statements in her letter to the State Attorney. She has never explained why she told the
Commissioner and the citizens that her letter to the State Attorney was not a public
record even though she knew she had sent a copy to the Governor and the newspaper.
She refused to furnish a copy of her letter to the State Attorney to her fellow
Commissioners. During the February 22, 2010 Commission meeting Commissioner
Woods said she sent the letter as a private citizen. In my letter to the City Attorney and
the State Attorney (Exhibits "A" and "B" attached) I accused Commissioner Woods of
making false statements in the letter she sent as a private citizen to the State Attorney.
My accusations were 100% accurate.
One year has passed since I made the accusations and since Mr. Thomas sent
me the March 22, 2010 letter yet Commissioner Woods cannot leave the dispute in the
past. She resurrected the dispute as an excuse to complain at the February 14, 2011
Commission Meeting that it should not have been necessary for her to hire Mr. Thomas
to respond to my accusations. She now claims the City Attorney should have defended
the false and dishonest statements she made as a private citizen. Why should the
citizens of Atlantic Beach pay a lawyer to defend false statements Commissioner
Woods made as a private citizen? Does she think one of her benefits as a City
Commissioner is free representation from the City Attorney for her personal matters?
It would have been improper for the City Attorney to respond to my accusations
on behalf of Commissioner Woods. His obligation was to represent the City of Atlantic
Beach which did not agree with the false and dishonest statements she made as a
private citizen in her letter to State Attorney Angela Corey. The City Commission
recognized that the accusations in my letters were accurate and voted to approve
Resolution No. 10 -07 on May 10, 2010 censuring and admonishing Commissioner
Woods for her false and dishonest statements and acknowledging she made the
statements as a private citizen. A copy of Resolution No. 10 -07 is attached as Exhibit
Pursuant to Commissioner Woods' request an email exchange between her and
City Attorney Alan Jensen concerning the pending litigation with RCBS is also attached
to the February 14, 2011 meeting minutes. Commissioner Woods stated in an email
dated Sunday, January 23, 2011 that she expects the plaintiffs to pursue every legal
option available to them to "rightfully regain their property ". She then asks Mr. Jensen
why he would support the Estates of Atlantic Beach ( "EAB ") over the City and its
citizens. Commissioner Woods apparently does not understand that the Plaintiffs (the
RCBS Trustees) sued the City of Atlantic Beach and EAB. As co- defendants commonly
do in litigation, the City of Atlantic Beach and EAB are working together to defend
against the Plaintiffs' claims.
On July 7, 2010 Commissioner Woods sent an email from her private email
account to Harcourt Bull, III. He is one of the RCBS Trustees who sued the City of
Atlantic Beach and EAB claiming the RCBS Trustees or Shareholders own the property
commonly referred to as the Old Sherry Road ROW. The City of Atlantic Beach and
EAB deny that the RCBS Trustees or Shareholders own the Old Sherry Road ROW and
are working together to defend the lawsuit. In her July 7, 2010 email to Harcourt Bull, III
2
Commissioner Woods states, "I am trying to stay on top of what is going on with regards
to your property and our sewer system."
The Judge will decide whether the RCBS Trustees or Shareholders own the Old
Sherry Road ROW. Instead of remaining silent or adopting the position which the City of
Atlantic Beach has taken in the litigation, Commissioner Woods contradicts the position
of the City she is suppose to represent and publicly states that the Plaintiffs own the Old
Sherry Road ROW. If the City of Atlantic Beach was a private company and
Commissioner Woods was an employee she would be fired immediately for endorsing
the position of a party who sued her employer. The pertinent question is why
Commissioner Woods is supporting the Plaintiffs instead of the City and citizens she is
suppose to represent?
Commissioner Woods showed a video at the February 28, 2011 Commission
meeting concerning ethics and transparency in government. Prior to showing the video
Commissioner Woods said it would be helpful because people are confused about
ethics. Since Commissioner Woods is obviously confused about ethics she apparently
assumes other people are too. The video included remarks about public servants
conducting themselves with honesty, transparency and professionalism. As reflected in
the February 28, 2011 meeting minutes Commissioner Woods told the Mayor "you are
nuts" at the end of the meeting. She could not even conduct herself with
professionalism just a few minutes after showing her own video. Anyone with even a
hint of objectivity who has observed Mayor Borno conducting his duties and everyone
who knows him personally knows that he always conducts himself with honor, dignity
and professionalism.
Commissioner Woods' name- calling during a public meeting or any other time is
uncalled for, unwarranted and unprofessional. As stated earlier, on multiple occasions
Commissioner Woods has been asked to explain the basis for the false and dishonest
statements she made in her February 5, 2010 letter to State Attorney Angela Corey.
She has never explained the basis for her false and dishonest statements because she
has no explanation and does not have the integrity to admit her mistakes or apologize. I
hope anyone reading the letters Commissioner Woods attached to the February 14,
2011 meeting minutes will ask themselves the following questions:
(1) Have you heard Commissioner Woods explain the basis for her
false statement in her letter to the State Attorney that Fleet Landing transferred
properties to Mr. Sones?
(2) Has anyone heard Commissioner Woods explain her false
statement that there were "property swaps" to facilitate EAB's development?
(3) Has anyone heard Commissioner Woods explain why she falsely
represented that her letter to the State Attorney was not a public document? She knew
when she made the statement that she sent a copy of the letter to the Governor and the
newspaper.
3
(4) Has anyone heard Commissioner Woods explain why she contends
the City of Atlantic Beach and its citizens should have paid a lawyer to defend false and
dishonest statements she made as a private citizen?
The City Commission approved the route for the new sewer main in 2009.
Commissioner Woods was the lone dissenting vote. There are utility lines running
under or adjacent to Selva Marina Drive and utility lines servicing the Ocean Walk
community running under EAB's property. They have been there for many years. The
proposed sewer main will have no impact on EAB's property or any other property.
Instead of respecting the democratic process and the Commissions' vote,
Commissioner Woods continues to oppose the location of the sewer main. She
continues to support the RCBS plaintiffs in their lawsuit instead of the City of Atlantic
Beach which she is suppose to represent.
Commissioner Woods cannot control her angry outbursts and inappropriate
behavior such as name - calling in public meetings or unfairly berating City employees in
emails. She has conflict with City employees, the City manager, the City attorney, the
Mayor and other Commission members. Her perpetual temper tantrums and
confrontations are disruptive and distracting. Commissioner Woods' conflicts frequently
become the focal point of Commission meetings. She cannot even leave disputes that
occurred one year ago in the past. Commissioner Woods apparently has a need or
desire to constantly create friction and hostility for reasons I doubt any of us can
understand.
Given her inability to get along with others, her disrespect for those who voice
opposing opinions, her disrespect for the democratic process, her disrespect for the law,
her constant distractions and disruptions in City Commission Meetings and primarily
because of her lack of integrity and confusion about ethics, I hope Commissioner
Woods will resign for the sake of the City and the citizens as so many people have
suggested.
Thank you for giving me the opportunity to respond.
Very truly yours,
Harold S. Lippes
4
LIPPES & BRYAN, P,A,
ATTORNEYS AT LAW
800 WEST MONROE STREET
JACKSONVILLE, FLORIDA 32202
Harold S. Lippes 1ELL I IONI (90/1) 633 ?;'''
Mark C. Bryan FACSIMII.I (904) 633 /!,/0
March 9, 2010
•
Alan C. Jensen, Esquire
935 North Third Street
P.O. Box 50457
Jacksonville Beach, FL 32240 -0457
Re: City of Atlantic Beach /Estates of Atlantic Beach, LLC
Dear Mr. Jensen:
1 was sad when I left the Commission meeting last night. The City of Atlantic
Beach is well served by many public servants who obviously love the City. It is
unfortunate that the misconduct of one public official can cast such a dark shadow and
cause so much friction and hostility.
Commissioner Woods' February 5, 2010 letter to State Attorney Angela Corey
was obviously written in an effort to generate publicity as part of Commissioner Woods'
continuing -effort to interfere with the contract between the City of Atlantic Beach
( "COAB ") and the Estates of Atlantic Beach, LLC ( "EAB "). When the City Commission
approved the contract on September 14, 2009 Commissioner Woods was the sole
dissenting vote. A copy of Commissioner Woods' February 5, 2010 letter was sent to
Governor Grist and .:tc the--newspaper but she-refused. to. f rash --a Copy...:to her fellow .-
Commissioners. She tried to justify her refusal by falsely asserting that the letter was
not a public record. As you also know, Commissioner Woods identified herself in the
letter as a City Commissioner and made several false statements.
Commissioner Woods' false statements to the State Attorney's office have
damaged my client. Mr. Sones' sole focus is retraction of the false statements and
public exposure of the .truth which will confirm that he conducted himself honorably and
never engaged in any misconduct. Mr. Sones and EAB will release and waive all
potential claims against Commissioner Woods and /or COAB arising out of or related to
Commissioner Woods' false statements and assertions on the following conditions:
EXHIBIT "A"
•
Release of COAB and Commissioner Woods
Mr. Sones and EAB will waive and release all claims against Commissioner
Woods and COAB arising out of Commissioner Woods' false statements if
Commissioner Woods will make the following public statements:
(1) Commissioner Woods must explain why she did not furnish State
Attorney Angela Corey with a copy of the 1932 Indenture containing the reverter clause
along with all of the other enclosures sent with her February 5, 2010 letter.
(2) Commissioner Woods must explain why her February 5, 2010 letter
to State Attorney Angela Corey did not include an explanation of the basis for the
Commissions September 14, 2009 vote approving the contract with EAB.
(3) Commissioner Woods must explain why she identified herself as a
City Commissioner twice in her letter to State Attorney Angela Corey but never
disclosed that she was sending the letter as a private citizen.
(4) Commissioner Woods must explain why she stated to the
Commission that her letter to State Attorney Angela Corey was not a public record in
light of the fact that copies of her letter were sent to Governor Crist and the newspaper.
If Commissioner Woods' reason is that someone from the State Attorney's office told
her the letter was not public record she should publicly state whether she advised the
State Attorney that a copy of her letter was sent to Governor Crist and the newspaper.
(5) Commissioner Woods must explain the basis of her statement that
Mr. Sones (EAB) did not have access to Sherry Drive because EAB's land was not
contiguous. In her explanation, Commissioner Woods must explain everything she did
to satisfy herself that her statement was accurate. She must also state that her
assertion was not accurate and must publicly apologize for it.
(6) Commissioner Woods must explain why she stated in her letter to
State Attorney Angela Corey that there were years of "property swaps" and "legal
maneuverings" to create the "legal right" for Mr. Sones to develop EAB's property. She
must identify every "property swap" she thought had occurred, explain the basis for
each such "property swap" and must describe all of the "legal maneuverings" referred to
in her letter. She also must publicly acknowledge that there were no "property swaps"
and must apologize for her misstatement.
(7) Commissioner Woods must explain why she stated in her letter to
State Attorney Angela Corey that Fleet Landing transferred two properties to Mr. Sones
(EAB). She must also publicly state that Fleet Landing did not transfer any properties to
Mr. Sones or EAB and must apologize for her misstatement.
(8) Commissioner Woods stated in her letter to State Attorney Angela
Corey that the City of Jacksonville transferred the Old Sherry Drive property to EAB
2
without consulting COAB "as required ". Commissioner Woods must describe the
"requirement" she was referring to and the basis for her statement. If her statement was
false she must retract it and apologize for making the misstatement.
(9) If her response to any of these questions is that she relied on
something someone else told her or gave her, Commissioner Woods must identify the
person or people and must describe whatever they told her and describe anything else
she was furnished. -
There is no reason to send a letter to the State Attorney unless there is concern
of criminal misconduct. Any letter of this nature sent to the State Attorney is a very
serious matter. Anyone sending such a letter should be careful and cautious to make
certain every factual statement and contention is truthful. If Commissioner Woods was
a person of honor and integrity she would be the first one to identify any misstatements,
retract them and apologize for them.
I assume Commissioner Woods will refuse to answer my questions since she
apparently refused to answer your questions about her statements and walked out of
last night's Commission meeting when she was asked to answer those questions.
Commissioner Daugherty stated on the record that he thought someone else had
drafted parts of Commissioner Woods' statements because they did not appear to be
something she would have written. 1 assume he was referring to the letter to State
Attorney Angela Corey. It does not matter if someone else assisted Commissioner
Woods with the letter. She signed the letter and identified herself at the beginning and
again at the very end as a City Commissioner.
.11. Release of COAB
As stated earlier, I doubt Commissioner Woods will explain why she made so
many misstatements in her letter to State Attorney Angela Corey and doubt she will
retract them and apologize for them. If she does not, Mr. Sones and EAB will release
and waive any claims against COAB related to Commissioner Woods' misstatements on
the following conditions:
•
(1) The City Commission will ask Commissioner Woods to answer all
the questions and .provide all explanations regarding her contentions in the letter to
State Attorney Angela Corey as described in paragraphs `I — 9 above.
(2) If Commissioner Woods does not have a legitimate basis for her
contentions in the letter to State Attorney Angela Corey or if the basis for any of her •
contentions is inaccurate, the City Commission will request that Commissioner Woods
publicly retract the statements and apologize for them.
(3) The City Commission will publicly state that the City disagrees with
the contentions made by Commissioner Woods in her letter to State Attorney Angela
3
Corey as described above and publicly state each contention which COAB deems to be
false.
(4) The City Commission will censure and admonish Commissioner
Woods for making false statements to State Attorney Angela Corey and will ask for her
resignation as a City Commissioner.
Finally, please consider this letter a public records request pursuant to Chapter
119, Florida Statutes. I am requesting copies of the following:
(1) All correspondence, including email correspondence between
Commissioner Woods and any other person since the time Commissioner Woods
became a City Commissioner.
(2) All correspondence, including email correspondence, between
Mark Beckenbach and the City of Atlantic Beach or -any of its agents or . _ --
(3) All correspondence; including email correspondence, between
Jacquelyn Beckenbach and the City of Atlantic Beach or any of its agents or employees.
(4) All correspondence, including email correspondence, between Dr.
Mark Tomaski and the City of Atlantic Beach or any of its agents or employees.
(4) All correspondence, including email correspondence, between
Debra Tomaski and the City of Atlantic - Beach or any of its agents or employees.
(5) All communications, including email communications, between
Commissioner Woods and any other person concerning the Estates of Atlantic Beach,
the contract between COAB and EAB and EAB's acquisition of the Old Sherry Road
property.
(6) A copy of Commissioner Woods' calendar from the time she
became a City Commissioner through the. date of the response to this request.
(7) All documents in the City's possession relating to Commissioner
Woods' renovation of her home at any time during the past five years.
(8) All financial disclosures made by Commissioner Woods to the City
of Atlantic Beach at anytime.
(9) All campaign records related to any campaign of Commissioner
Woods including records of campaign contributions.
I will work with the City of Atlantic Beach to narrow this request if it is
unmanageable. My client will immediately pay any and all costs the City incurs or
anticipates that it will incur in responding to this request.
4
Thank you for your assistance. 1 am sending a copy of this letter to Mayor Borno,
the City Commissioners, Jim Hanson and Donna Bartle so they will be aware of my
requests and demands. I look forward to receiving COAB's response.
Very truly yours,
f --1 �,�.... c. �-
Harold S. Lippes
HSL:msd
Enclosure
cc: Mayor Mike Borno
COAB Commissioners
Mr. Jim Hanson
Donna Bartle
Angela Corey, Esquire
Richard Komando, Esquire
5
.
LIPPES & BRYAN, P.A.
ATTORNEYS AT LAW
800 WEST MONROE STREET
JACKSONVILLE, FLORIDA 32202
Harold S. LIppes TELEPHONE (904) 633 -8781
Mark C. Bryan FACSIMILE (904) 633 -7570
March 4, 2010
Via Facsimile 630 -1848
and U. S. Mail
Angela Corey, Esquire
State Attorney, Fourth Judicial Circuit
220 E. Bay Street
Jacksonville, FL 32202
Richard Komando, Esquire
Assistant State Attorney
220 East Bay Street
Jacksonville, FL 32202
Re: Carolyn Woods' Letter of February 5, 2010
Dear Ms. Corey and Mr. , Komando:
Carolyn Woods is a City Commissioner in the City of Atlantic Beach. She sent
you a letter on February 5, 2010 concerning an agreement between the Estates of
Atlantic Beach, LLC ( "EAB ") and the City of Atlantic Beach ( "COAB "). In her letter Ms.
Woods mistakenly refers to- it as- a contract between COAB and Mr. Michael .Sores -who
is a minority member of EAB. I represent Mr. Sones and EAB. This is in response to
Ms. Woods' letter which was written for political purposes. Ms. Woods deliberately
conceals some facts and deliberately misrepresents others. My client is anxious you
to leam the truth and respectfully requests a letter from your office confirming your
findings and conclusions upon completion of your investigation.
EAB owns approximately thirty acres of property immediately west of the Ocean
Walk development in Atlantic Beach. For your reference, Selva Marina Drive ends at
EAB's property. Despite identifying herself as a City Commissioner at the beginning of
her letter and again at the very end, Commissioner Woods now claims she sent the
letter in her individual capacity but never disclosed that to you. Even though copies of
Ms. Woods' letter were sent to the newspaper and Governor Crist she refused to furnish
a copy to her fellow Commissioners claiming at the last Commission meeting that it is
not a public record.
EXHIBIT "B"
The first concern raised by Ms. Woods is the validity of EAB's ownership of a
piece of property commonly referred to as "Old Sherry Road ". The EAB property was
previously owned by an entity called R -C -B -S Corporation which included members of
the Bull family from Atlantic Beach. When that entity was dissolved its properties were
conveyed to members of the Bull family. In 1979 members of the Bull family divided
their properties pursuant to a "Deed of Voluntary Partition ". Ms. Brenda Bull obtained
title to what is now the EAB property pursuant to the Partition Deed and sold it to EAB in
2003. The property is contiguous to the property referred to as OId Sherry Road which
is an old roadway on the east side of the property. For your reference, the property
EAB acquired from Brenda Bull is highlighted in yellow on the enclosed map. The Old
Sherry Road property is highlighted in blue.
In 2004 I was working on some issues related to EAB's property including a
potential title issue caused by a mistake in an old deed. In reviewing the title history I
noticed that R -C -B -S Corporation had conveyed - the-Old- Sherry-Road-property to the
City of Jacksonville in 1932 pursuant to an "Indenture ". A copy of the Indenture is
enclosed. As you can see, the indenture includes a reverter clause which states that if
the City ever ceases using the property as a park or park roadway title to the property
would revert back to R -C -B -S Corporation, "its successors and assigns" upon their
election. Ms. Woods, who preaches full disclosure and transparency, conveniently
forgotto mention that and convenientlyforgot to send you a copy of the Indenture.
When .I read the reverter clause I advised Mr. Sones that EAB might have the
right to reclaim title to the Old Sherry Road property because EAB is a successor in title
to R -C -B -S Corporation. After researching the issue and discussing it with EAB's real
estate lawyer I concluded EAB did have the right to reclaim title to the Old Sherry Road
property. In February 2005 I drafted a letter to the City of Jacksonville for Mr. Sones'
signature exercising EAB's right under the reverter clause. A copy of the letter is
enclosed. The matter was referred to Suzanne Howard at the General Counsel's office.
After several discussions and .analysis by the General Counsel's office Ms. Howard
informed me that the City agreed with my conclusion. - -.A deed - conveying .the ..Old Sherry
Road property from the City of Jacksonville to EAB was prepared and signed by Mayor
Peyton. Due to a mistake in the original legal description a corrective deed was signed
by Mayor 'Peyton and recorded in the public records in July 20.05. The title insurance
company also researched the issue and reached the same conclusion. A title policy
was issued to EAB insuring its title to the entire property including Old Sherry Road.
The entire transaction was exactly as I have described it.
Ms. Woods asks in her letter how Mr. Sones (actually EAB) acquired land to
make his property contiguous with Atlantic Beach and obtained the right to connect to
OId Sherry Road. Since Old Sherry Road is contiguous to EAB's property I assume Ms.
Woods is asking how EAB obtained the right to connect to Selva Marina Drive. In 1989
the City of Atlantic Beach closed approximately sixty feet of Selva Marina Drive.
Pursuant to Section 336.12, Florida Statutes, title to the closed road vests in the
adjacent property owners. Since EAB owns the property on the west side of the closed
portion of the road it obtained that half of the property which gives EAB access to Selva
2
Marina Drive. Ms. Woods states in her letter that "Fleet Landing" transferred two
properties to Sones (actually EAB) but that is false. Fleet Landing has never sold or
conveyed property to Mr. Sones or EAB. You will notice that Ms. Woods does not
include copies of deeds or any other documents regarding these "transfers" because
they do not exist. I assume she made this false assertion to falsely associate Mr. Sones
or EAB with ex -Mayor Meserve.
Commissioner Woods questions the contract between EAB and COAB pursuant
to which COAB obtained an easement over EAB's property to install a new sewer main.
The COAB Commissioners discussed the proposed contract at several meetings last
year and voted to approve the contract on September 14, 2009. Commissioner Woods
was the only dissenting vote. At the Commission meeting on February 8, 2010 the
COAB City manager described the chronology of events leading up to the contract with
EAB. (See February 8 transcript pp. 5 -19 - copy enclosed).
In the spring of last year after the COAB consulted with independent engineers
conceming placement of its new sewer main Mr. Sones was contacted by COAB
representatives concerning the possibility of running the sewer main through EAB's
undeveloped property instead of running it under developed property with roads and
driveways. Neither Mr. Sones nor any of his partners had any knowledge of the project
before they were contacted. The Iwo sides negotiated contract terms which were
discussed and debated before the City Commission. They voted to approve the
contract at their meeting on September 14, 2009. On August 19, 2009 City
Commissioner Jonathan Daugherty, who was not a Commissioner at the time, sent a
letter to the editor of the Beaches Leader applauding the City Commission for
negotiating the proposed contract with EAB. A copy of Commissioner .Daugherty's letter
to the editor is enclosed. I understand why Ms. Woods opposes the contract between
EAB and COAB but cannot understand why she refuses to accept and respect the
Commissions legal vote. Her false suggestions of misconduct are made in an effort to
reverse or avoid it. Even though they may disagree with the outcome, public officials
must respect the legislative. process. - lf_theY do...notthey..should not .be.public..servants.
Ms. Woods mentions EAB's application for a permit submitted to the St. Johns
River Water Management District ( "SJRWMD ") for reasons .I do not understand. She
states that the application was not well received. I do not think anything about EAB's
application process or the reaction by SJRWMD is unusual for a permit of this nature.
Ms. Woods correctly states that Sones (actually EAB) requested an extension from
SJRWMD (also not unusual). She falsely states that the request was somehow related
to COAB voting on the easement agreement. It was not. The request was made
because EAB's time limit with SJRWMD was about to expire.
Enclosed is a copy of the contract between EAB and COAB concerning the
sewer main on . EAB's property. As you can see, COAB agreed to install the sewer main
1 In summary, EAB acquired its property from Brenda Bull in 2003, the "Old Sherry Road" property from
the City in 2005 pursuant to the reverter clause, and a small closed portion of Selva Marina Drive
pursuant to the Statute. That is all of the property EAB has ever acquired." •
3
in the area designated for the anticipated roadway through EAB's development. COAB
also agreed to pay for all tree mitigation costs. In exchange, EAB agreed, among other
things, to limit its development to 38 home sites, restrict the height of the homes in the
development to 35 feet and agreed not to allow access to its development from Mayport
Road which would open Selva Marina Drive and substantially increase the traffic. These
significant concessions were important to the City Commissioners (except for Ms.
Woods). The existing zoning would have allowed construction of a high -rise and
hundreds of living units on EAB's property. Ms. Woods conveniently forgot to mention
that too.
There are three or four families who live on the west side of the Ocean Walk
development who vehemently object to the contract between EAB and COAB because
their properties back up to EAB's property and they object to removal of the trees. They
have been outspoken and vocal. Commissioner Woods supports their opposition to the
contract. I have been told that she is close personal friends with one of the family
members who was active in her campaign but I do not know that. I doubt Ms. Woods is
the kind of person who would disclose that on her own. It is not unusual for people to
oppose a proposed development. However, no matter how strongly they feel, it does
not justifyfaise allegations or suggestions of misconduct.
EAB's contract with COAB is legal and enforceable because the COAB
discussed the proposed contract 'terms at City Commission meetings and ultimately
voted to approve it. '.EAB obtained the Old Sherry Road property by exercising its rights
under the reverter clause contained in the 1932 Indenture. Enclosed is a copy of
Richardson v. Holman, 33 So.2d 641 (Fla. 1948). In this case the Florida Supreme
Court upheld the right to enforce a reverter clause by a successor in title. There is
nothing "convoluted" and there were not "years of property swaps and legal
maneuverings" as Ms. Woods states. There was not a single property swap and there
were no "legal maneuverings ".
With respect to any development and the removal of any trees EAB's principals
are familiar with the law and will only remove trees and develop the property after
obtaining proper permits to do so. These were arms length transactions. There is not a
legitimate reason to even suggest misconduct. In closing I want to emphasize the
following:
•
1. Ms. Woods did not furnish you with . a copy of the 1932 Indenture
with the reverter clause. She apparently does not want you to know that the transaction
concerning the Old Sherry Road property was legitimate.
2. Ms. Woods did not describe COAB's compelling reasons for
entering into the contract with EAB as Mr. Daugherty explained in his letter to the editor
and as the City Manager explained at the recent Commission meeting. She apparently
does not want you to know the compelling reasons which prompted all the
Commissioners who voted (except for 'Ms. Woods) to approve the contract with EAB.
4
3. Ms. Woods states in.the first sentence of her letter and beneath her
signature line that she is a COAB Commissioner to suggest she is writing in an official
capacity. She failed to furnish COAB with a copy of the letter after promising to do so
and tried to justify her refusal by stating she sent it in her individual capacity and
therefore it is not a public record. Think about that. A copy of Ms. Woods' letter was
sent to Governor Crist and the newspaper but she refused to furnish a copy to her
fellow Commissioners claiming it was not a public record. Of course, Ms. Woods
conveniently forgot to mention in her letter that she was sending it as a private citizen
but she reminded you twice that she is a COAB Commissioner.
4. Ms. Woods states that Mr. Sones did not have access to Sherry
Drive (Selva Marina Drive) because his land was not contiguous. Her statement is false.
5. Ms. Woods states that Fleet Landing transferred two properties to
Mr. Sone& Her statement is false which is why she did not furnish any documents to
support it.
6. Ms. Woods states that there were years of "property swaps" and
"legal maneuverings" to create the legal right" for Sones to develop the land. Her
statement is false. There was not a single "property swap" not one. Of course, Ms.
Woods does not identify a single "property swap ". Similarly, there were no "legal
maneuverings" and Ms. Woods does not describe any.
7. Ms. Woods asks why Jacksonville transferred the Old Sherry Road
property without consulting COAB "as required" even though she knows no such
requirement exists. Of course, she does not cite support for the "requirement ". Her
statement is false.
8. Ms. Woods questions "why the rush" for COAB to approve the
contract with EAB if Sones does not want to develop his property soon? She knows the
answer to- this -- question. She was present at the meetings when it was discussed. COAB
must install the new sewer main and its preference is to perform the work now because
contractors are performing the work for a discount of approximately 25% due to current
economic conditions.
It is irresponsible and intellectually dishonest for Ms. Woods to use her position
as a City Commissioner as a platform to suggest misconduct by making false
statements and deliberately concealing pertinent facts. I agree with one comment Ms.
Woods made in her letter. The good name and reputation of Atlantic Beach is at stake.
What she failed to mention is that her own misconduct is probably the only threat to the
reputation of the City of Atlantic Beach. The citizens deserve better than Ms. Woods.
They deserve representatives who are open, honest and transparent.
Mr. Sones and I and his real estate lawyer request an opportunity to meet with
you as soon as possible so we can show you the pertinent documents and answer any
5
questions. Unlike Commissioner Woods I can assure you everything my client and I
communicate will be truthful, open, complete and transparent.
Very truly yours,
I Jo
Harold S. Lippes
HSL:msd
•
•
6
RESOLUTION NO. 10-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
DENYING CERTAIN STATEMENTS MADE BY CITY COMMISSIONER
CAROLYN WOODS AND CONFIRMING THAT SAID STATEMENTS
ARE NOT REPRESENTATIVE OF THE VIEWS OF THE CITY OR OF
THE OTHER INDIVIDUAL CITY COMMISSIONERS, AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, City Commissioner Carolyn Woods stated in an e -mail dated January 31,
2010, that (a) "There may be some merit in Commissioner Daugherty's assertions that the way the
city has been conducting business is indeed in conflict with state statutes ", and (b) negotiations with
the owners of the Estate are "in clear violation of Section 286.011, Florida Statutes ", and
WHEREAS, City Commissioner Carolyn Woods stated in an e -mail dated February 2,
2010, that "Commissioner Borno as president of this organization (Oceanwalk HOA) was clearly in
a conflicting role ", and
WHEREAS, City Commissioner Carolyn Woods stated in a letter to State Attorney Angela
Corey dated February 5, 2010, that (a) "The City recently entered into a binding agreement with Mr.
Sones concerning concessions given by the City in order to obtain a utility easement on Mr. Sones'
property", (b) Fleet Landing transferred two properties to Sones, (c) a question why Jacksonville
gave up free park land and right of way easement without consulting Atlantic Beach "as required ",
(d) "The agreement is specifically for AB to remove the trees for Sones' road in this project ", (e)
The alternate path proposal (through Oceanwalk) was never considered by the City Commission, (f)
"The majority had already made up their mind to approve the lease agreement ", (g) "RE: Atlantic
Beach and the Sunshine laws ?, this brings up more questions about who knew what when and what
was done to facilitate the development of this site by a private developer by the City of Atlantic
Beach ", and
WHEREAS, City Commissioner Carolyn Woods stated at the regularly scheduled City
Commission meeting on February 22, 2010, that "...she made contact with the State Attorney's
Office and they told her it is not a public record ", (i.e., 2/5/10 letter to State Attorney's Office), and
WHEREAS, all of the above statements have been made publicly by City Commissioner
Carolyn Woods, and
WHEREAS, City Commissioner Carolyn Woods has been afforded several opportunities to
respond to questions about these statements and, except for a couple of minor concessions, has
failed and refused to publicly explain, clarify, or correct her statements, as is necessary and
appropriate, and
WHEREAS, City Commissioner Carolyn Woods stated at the regularly scheduled City
Commission meeting on February 22, 2010, that she did not write her February 5, 2010, letter to
State Attorney Angela Corey as a city commissioner, even though she identifies herself as a "sitting
EXHIBIT "C"
city commissioner in the City of Atlantic Beach, Florida," at the beginning of said letter, and signs
the letter as "Carolyn Woods, Atlantic Beach City Commissioner ", and
WHEREAS, municipal governments within Florida are established by their citizens for
public service and through the Home Rule powers set forth in the Florida Constitution, in a
representative democracy in which the majority rules, and
WHEREAS, each city has its own charter, adopted by the voters, which establishes the
elected body, and for Atlantic Beach this is the city commission and each commissioner and mayor
are duly elected by these citizens for terms and responsibilities set forth in the charter and in city
ordinances and policy, and as the legislative body for the citizens of Atlantic Beach, the commission
does work as a Florida municipal corporation and speaks with one voice on resolutions, ordinances,
policies, decisions, and other matters, and
WHEREAS, when an individual commissioner takes it upon himself or herself to attempt
to undermine or reverse a decision previously made by the city commission by publicly making
false statements and personal attacks, such action does harm to the corporate work of the body, and
this harm is often misunderstood by citizens, business owners, neighboring cities, and the greater
community, and
WHEREAS, when such action occurs, the members of the commission must take steps to
ensure that correct information is provided and that the record clearly states the will of the
commission.
NOW THEREFORE, BE IT RESOLVED:
SECTION 1. The City of Atlantic Beach hereby denies, disclaims and disavows the above
described statements made by City Commissioner Carolyn Woods in her a -mails dated January 31,
2010 and February 2, 2010, and her letter to State Attorney Angela Corey dated February 5, 2010.
SECTION 2. The City of Atlantic Beach acknowledges the statement made by City
Commissioner Carolyn Woods at the City Commission meeting held on February 22, 2010, that she
did not write her letter to State Attorney Angela Corey as a city commissioner, and the City
therefore confirms that City Commissioner Carolyn Woods was acting in her individual capacity
when writing said letter.
SECTION 3, The City of Atlantic Beach hereby confirms that the above described
statements made by City Commissioner Carolyn Woods are not representative of the views of the
City or of the other individual City Commissioners, especially as to any such statements that are
potentially defamatory and remain unsubstantiated, and thus said statements do not reflect a
consensus of this body in that the issues contained in said statements were not discussed in any
manner for a consensus to have been reached.
SECTION 4. The City Commission hereby cautions its members to be mindful in the
future of the important process of working together effectively through issues and speaking with
one voice so that the will of the City Commission is best reflected publicly, and that failure to do so
is not in the best interests of the City, its citizens, and the greater good of the community.
SECTION 5. This resolution shall become effective immediately upon it fmal passage and
adoption by the City Commission.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach this
I day of May, 2010.
ATTEST:
4nV)Ut (1
01, t .it-cr & -
Donna Bartle, City Clerk Mike Bomo
Mayor, Presiding Officer
Ap rov . . to form and correctness:
L 4o JENSEN, ESQUIRE
City •te •ey