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Agenda Item 1MINUTES REGULAR CITY COMMISSION MEETING March 28, 2011 CITY HALL, 800 SEMINOLE ROAD Attendance Call to Order/Pledge IN ATTENDANCE: Mayor Mike Borno Mayor Pro Tem John L. Fletcher Commissioner Jonathan Daugherty Commissioner Paul Parsons Commissioner Carolyn Woods City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Approval of Minutes 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. 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 Page 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 05115111 and ending 05/14/13 and to the General Employees' Pension Board of Trustees for a four -year term beginning 05110/11 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 05115111 and ending 05/14/13 and to the General Employees' Pension Board of Trustees for a four -year term beginning 05110111 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. Mike Borno, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk ATTACHMENT A LIPPES & BRYAN, P.A. ATTORNEYS AT LAW 800 WEST MONROE STREET JACKSONVILLE, FLORIDA 32202 Harold S. Llppes Mark C. Bryan March 28, 2011 Mayor Mike Borno COAB Commissioners Atlantic Beach, Florida TELEPHONE (904) 633 -8781 FACSIMILE (904) 633 -7570 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 you Harold S. Lippes 2 UPPES & BRYAN, P,A, ATTORNEYS AT LAW 800 WEST MONROE STREET JACKSONVILLE, FLORIDA 32202 Harold S. Uppes Mark C. Bryan March 9_201 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: I L L LI'lIi0 1\1L (904) 633 83'.3! FACSIMILI. (901) 633 /', /0 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 Govemor Crist .and =ta -the_ newspaper but she -- refused Ito- .fu;n; sh - -a copy z.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 fal -se 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 ofi 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 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. I 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. .il. 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 o r 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 any time. (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. E Thank you for your assistance. I 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, 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. Llppes Mark C. Bryan March 4, 20'10 Via Facsimile 630 -7848 and U. S. Mail Angela Corey, Esquire State Attorney, 'Fourth 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: TELEPHONE (904) 633 -8781 FACSIMILE (904) 633 -7570 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 - - tor -it as--a contract-between COAB-.and -Mr. Michael .Sone -s-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 anxiouslor you to learn - 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 Old 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 1 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 forgot :to mention that and -conveniently to send you a copy of - the Indenture. When] 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 11 concluded EAB did have the right reclaim title to - the Old Sherry - Road property. In February 2005 1 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 m - y 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 propert y including Old Sherry Road. The entire transaction was exactly 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 Old Sherry Road. Since Old Sherry Road is contiguous to EAB's property I assume Ms. Woods is asking how :EAB obtained the right 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 assertionto - 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 concerning 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 - two 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.thgY do._not-th.ey..should not..be..publi,c...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 .an_ything 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 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 justify 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 Ao 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 .pro perty 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: 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 Woods) to approve the contract with EAB. 0 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. Sones-.­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 riot want to develop his property soon? She knows the answer to-this--question. She was present at the meetings when. it was discussed. GOAB 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 Nis. 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 b1 questions. Unlike Commissioner Woods I can assure you everything my client and I communicate will be truthful, open, complete and transparent. Very truly yours, Harold S. Lippes HSL:msd R 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 S. 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 e day of May, 2010. ATTEST: A Donna Bartle, City Clerk Mike Borno Mayor, Presiding Officer Ap rov to form and correctness: L C JENSEN, ESQUIRE City rney