Item 6AAGENDA ITEM # 6A
MAY 10, 2010
RESOLUTION NO.10-07
A RESOLUTI.ON 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 inane-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 inane-mail dated Febnlary 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 akeady 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., 2/5/1 O 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
AGENDA ITEM # 6A
MAY 10, 2010
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 e-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 confums 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.
AGENDA ITEM # 6A
MAY 10, 2010
SECTION 5. This resolution shall become effective immediately upon it final passage and
adoption by the City Commission.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach this
day of May, 2010.
ATTEST:
Donna Bartle, City Clerk Mike Borno
Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney