Okaloosa County BOCC — May 17, 2013 — March 4 Special — reading text

March 4, 2013 Special Called Meeting A Special Meeting of the Okaloosa County Board of County Commissioners was called to order at 10:00 a.m. EST in Room 309 of The Capitol in Tallahassee. Members present were Don Amunds, Chairman; Dave Parisot, Vice Chairman; and Wayne Harris. Also present were Don Howard, Clerk of Circuit Court; Gary Stanford, Finance Officer, Clerk’s Office; John Dowd, County Attorney; and Jim Curry, County Administrator. Commissioners Nathan Boyles and Kelly Windes were not present. Members of the Joint Legislative Auditing Committee are: Senator Joseph Abruzzo, Chair Representative Lake Ray, Vice Chair Senator Rob Bradley Senator Alan Hays Senator Jeremy Ring Senator Wilton Simpson Representative Daphne D. Campbell Representative Gayle B. Harrell Representative Daniel D. Raulerson Representative Ray Rodrigues Representative Cynthia A. Stafford Members of the local legislative delegation also in attendance were Representative Doug Broxson, District 3, and Representative Matt Gaetz, District 4. Senator Joseph Abruzzo, Chairman of the Joint Legislative Auditing Committee, called the meeting to order. Roll Call was taken of the panel. Senator Abruzzo stated Senator Ring has requested the audit of the Lauderdale Lakes Community Redevelopment Agency and the City of Lauderdale Lakes’ General Fund not be discussed today. He advised the entire meeting will be devoted to the continued discussion related to the Auditor General’s audit of Okaloosa County’s Oversight of the Tourist Development Council, Tourist Development Taxes, and British Petroleum Funds. Senator Abruzzo reported subpoenas were issued for the appearance of Commission Chairman Don Amunds, Commissioner Wayne Harris, Curtis Zimmerman or corporate representative of the Zimmerman Agency, and the corporate representative of Lewis Communications. Letters requesting attendance were mailed to March 4, 2013 -1- Minute Book 68, Page Okaloosa County Board of County Commissioners County Administrator Jim Curry, Clerk of Courts Don Howard, former TDC Attorney Steve Hall, and the five current and former members of the Tourist Development Council (Warren Gourley, Patricia Hardiman, Kathy Houchins, Robert “Bobby” Nabors, and Dennis “Nick” Nicholson). He advised that Mr. Nicholson will not be present today but did submit a letter to the Committee. Senator Abruzzo called Warren Gourley forward and administered the oath. He was asked if he would like to offer an opening statement. Mr. Gourley stated that he is Chairman-elect of the Tourist Development Council (TDC). He said the TDC members are volunteers on an advisory council, saying there are normally nine members. Mr. Gourley explained that six of the members are volunteers and three are from the government—one is from the county (Board of County Commissioners), one is from the City of Destin, and one is from the City of Fort Walton Beach. Mr. Gourley said after the Local Legislative Delegation meeting in Niceville and presentation of the Auditor General’s report, the Board of County Commissioners in its next meeting asked for the resignations of the TDC. He stated the newspaper indicated the reason for the resignation requests was to start a new page in Okaloosa County and get a fresh start. Mr. Gourley advised that he received a telephone call from Mr. Amunds in which Mr. Amunds said he wanted to explain the Board’s action. He stated Mr. Amunds told him that if the TDC members resigned it would save them from being drug through the mud and they would not have to appear before the Committee. Mr. Gourley reported that he did not resign. Subsequently, he said he spoke with Mr. Boyles who felt asking for the resignations was not fair but the volunteers received no compensation and their livelihoods would not be affected. Mr. Gourley also said the choice was to ask for the volunteers to resign and not employees. Mr. Gourley continued, saying the TDC did not review invoices nor did it write any checks. He said the TDC members are all from the tourist industry and he doubts anyone in the county departments has the experience they have. Mr. Gourley said the TDC reviewed the advertising company promotional proposals and there were some funding aspects they made recommendations on. He clarified the council did not approve but advised and recommended. After TDC review, he said it goes to the TD Director who is a county employee, then the Clerk’s Office, then to the Board of County Commissioners for approval. Mr. Gourley March 4, 2013 -2- Minute Book 68, Page Okaloosa County Board of County Commissioners admitted that the whole process is a mystery to him but believes that is where the problems really lie. He stated his personal observation of Mark Bellinger is that he was outgoing, had lots of ideas, and fooled everyone on the council and the commissioners. Mr. Gourley said he personally believes Mr. Bellinger had no accomplices. Senator Abruzzo said he understood Mr. Gourley to say that Mr. Amunds called to tell him not to come because he might have to testify or be dragged through the mud. Mr. Gourley replied the reason for being asked to resign was so they would not have to come but clarified that he did not say anything about not testifying. Upon inquiry by Senator Abruzzo, Mr. Gourley said the conversation with Mr. Amunds was one-on-one not in a public meeting. Mr. Gourley said at least two other council members received a similar telephone call. Senator Abruzzo again asked Mr. Gourley if he was asked not to come so as not to testify, to which Mr. Gourley replied, “yes.” Upon inquiry by Senator Bradley, Mr. Gourley confirmed that he was on the TDC from May 2010 through May 2012 and that he is in the tourist industry. Senator Bradley stated the audit report says on October 20, 2010 the TDC voted to give the TDC Director authority to spend up to $50,000 from the BP grants for marketing. He asked if this occurred. Mr. Gourley replied that he is not positive because he did not attend some meetings because of surgery. Mr. Gourley’s understanding of the process was to approve at the TDC level and then the director takes it to the BCC. He clarified the TDC just recommends and then the director takes it to the BCC. Senator Bradley referred to August 27, 2011 and approval of $300,000 from a BP grant to be used for special event funding, asking Mr. Gourley if that is true. Mr. Gourley replied that it probably is true. Senator Bradley followed up by saying the county records do not show this was brought back to the BCC and asked Mr. Gourley if he was aware of that. Mr. Gourley replied, “no.” Senator Bradley posed a series of questions. Mr. Gourley responded to these by saying he felt the TDC was making recommendations. Senator Bradley asked him how he did not know about these gross abuses, saying the Board of County Commissioners did not approve the expenditures but the TDC did. The Senator stated there were specific directions with votes by the TDC. When Senator Bradley referred to the motion authorizing the TD director to spend up to $300,000 and asked if March 4, 2013 -3- Minute Book 68, Page Okaloosa County Board of County Commissioners this was a typical TDC action, Mr. Gourley replied in the affirmative. When Senator Hays asked how Mr. Bellinger was able to purchase a $720,000 yacht without TDC members being aware of it, Mr. Gourley attributed it to a problem in the county process. Senator Hays asked Mr. Gourley if he recommended approval to purchase the yacht, Porsche, or house. Mr. Gourley replied that he never heard about it. Senator Hays asked how this could happen without the TDC knowing about it. Mr. Gourley responded it was a misunderstanding on the part of TDC and he does not think any council members knew. Senator Hays said the Tourist Development Council appears to be only window dressing. Mr. Gourley disagreed, saying the TDC is not an audit committee or a finance committee but works for a return on investment—for “heads in beds.” Senator Hays also asked Mr. Gourley if he was asked to resign so as not to come to Tallahassee. He also asked if there was something they did not want known or an attempt to keep everything under wraps. Mr. Gourley replied that in his opinion “They did not necessary want us to go.” When asked why, Mr. Gourley referred to the Committee’s meeting in Niceville and the desire to get rid of someone or have them removed. Senator Abruzzo said he believes Mr. Gourley is referring to the Local Legislative Delegation meeting and not the Committee. When asked by Senator Hays what he thought they were trying to hide, Mr. Gourley answered ineffective control of TDC funds and BP funds and a lack of oversight for things they had oversight of. Upon inquiry by Senator Hays, Mr. Gourley said some people have a different opinion of what the Committee is doing. They think it is all political, want to control RESTORE Act monies, and to give the county a bad name. Mr. Gourley referred to past problems with the former Sheriff, former Tax Collector, and Airports. He termed these embarrassing and was hopeful the Committee could clean up the mess. Senator Hays assured him these meetings are not about politics and they are not trying to make Okaloosa County look bad. He said as a member of the Committee he wants to hold those people accountable who managed or mismanaged the money. Senator Hays stated if that means sending the Attorney General to Okaloosa County and throwing everyone out of office, so be it. Senator Hays posed several more questions. Mr. Gourley replied that Mr. Bellinger did not come to the TDC members and tell them March 4, 2013 -4- Minute Book 68, Page Okaloosa County Board of County Commissioners he wanted to purchase the house, yacht or Porsche. He said Mr. Bellinger prepared the agendas with the Chairman of the TDC and the members saw them on Friday or Monday before the Wednesday meetings. Mr. Gourley termed Mr. Bellinger as being very innovative and perhaps in his own mind felt these things were appropriate. Continuing, he said there was some talk about use of yacht. Mr. Gourley stated Curtis Zimmerman told him Mr. Bellinger brought up the idea of the yacht while they were playing golf. Remembering the conversation, he said Mr. Zimmerman told Bellinger that was “crazy” and did not fit and Bellinger never spoke with him about it again. Mr. Gourley said the title for the yacht was sent to the county and that was Bellinger’s mistake. He advised that Bellinger then called all the TDC members and told them he bought a yacht and had plans for it. Mr. Gourley stated things began to unfold and then Mark Bellinger killed himself. Upon inquiry by Senator Abruzzo, Mr. Gourley replied that Bellinger sometimes reported back to the TDC on the BCC actions. He also answered the TDC was never provided with any actual budget expenditures. Senator Ring asked several questions. In response, Mr. Gourley said he understands this is being investigated by the FBI, State Attorney, and local law enforcement; that he has been deposed by the Okaloosa County Sheriff and the Audit Committee but not the FBI; and to his knowledge he is not under investigation for any criminal matters. Senator Ring requested the Chairman bring the AGO representative back for questions. Mr. Abruzzo accepted the recommendation. Upon inquiry by Representative Campbell, Mr. Gourley said the TDC can meet once a month or once a quarter but normally it was once a month. He pointed out the meetings were more frequent after the BP oil spill. Also, after Bellinger’s death, there were more meetings to help the interim department head, Greg Donovan. Mr. Gourley stated the BCC has left the TDC without a quorum