Okaloosa County BOCC — May 17, 2013 — reading text

5.1.a 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 Attachment: March 4 Special (1657 : Approval of Minutes) 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 and he has recommended the commissioners not accept the resignations of the council members. When Representative Rodrigues asked for an explanation of the circumstances surrounding the resignation, Mr. Gourley replied that he did not resign. The Representative then asked why Mr. Gourley was not removed. March 4, 2013 -5- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 53  5.1.a Mr. Gourley was dismissed and Ms. Patricia Hardiman was brought forward and sworn in. She reported that she did not prepare a statement and assumed she would be answering questions. However, Ms. Hardiman stated she would like to make a few comments. First, she said there is a misconception about the council’s role and, perhaps, they understood their roles incorrectly. Ms. Hardiman stated the TDC is not a governing body and she did not think she was there to go over every decision Mark Bellinger was making and does not believe that is in the policy manual. Ms. Hardiman said she came on the TDC in May 2010 and was just asked to resign. She stated they did not just sit there but had an agenda to review. Ms. Hardiman commented she thought the Attachment: March 4 Special (1657 : Approval of Minutes) council members would have a more effective role but often felt it was superfluous and the director did not need their approval. She recalled Mr. Hall often said during the meetings their actions were recommendations. Ms. Hardiman always thought the recommendations were being taken to the Board of County Commissioners and in retrospective she said she should have checked. Mr. Abruzzo posed the same questions to Ms. Hardiman as to Mr. Gourley about the request for her resignation. She replied TDD Director Daniel O’Byrne called her after the commission meeting and she saw it in the newspaper. Ms. Hardiman noted she wrote her resignation that day. She confirmed Mr. Amunds did call her. Fielding questions from Senator Simpson, Ms. Hardiman stated Mr. Hall was always in the meetings and maybe only missed one. She also answered it was her belief that everything was sent to the BCC. Ms. Hardiman stated she did not think they (TDC) had the power to do anything. Senator Ring commented that all members of the Committee have been on advisory boards and he understands what Ms. Hardiman is saying. He felt the direction should be to those in authority— the director and commissioners and would like to ask the commissioners some questions. Senator Bradley thanked Ms. Hardiman for coming and said he agrees with Senator Ring and questioned being overly critical of those people who do not have absolute authority. He said the Committee is reading facts from the AGO report which says the TDC acted not as an advisory board but as a final authority. March 4, 2013 -6- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 54  5.1.a Senator Bradley stated Ms. Hardiman may disagree with that but the findings show the TDC and the TDC Marketing Subcommittee approved a $341,361.89 special event grant. He gave other examples. The Senator stated these are specific events and specific amounts which the council voted on. Senator Bradley said there is a disconnect between what he just read from the AGO report and the previous witness’ statement that the TDC did not play a role. Ms. Hardiman said the council did address specific projects and voted on recommendations. She reiterated she honestly thought it went to the BCC. Senator Bradley addressed another finding of sponsorships which Attachment: March 4 Special (1657 : Approval of Minutes) went to two companies for a volleyball tournament and a TDC member owned the company which put on the event. When asked if she was aware of what he just said, Ms. Hardiman replied yes, that was Tim Edwards. The Senator asked if that concerned her. She replied he abstained but she did ask legal counsel to comment in the meeting. Senator Bradley asked for clarification of what he heard, stating that during the meeting one item is pulled aside for discussion. Ms. Hardiman said the recommendation was Mr. Edwards should not vote. Senator Bradley commented that is a detailed discussion. Ms. Hardiman responded she felt there were detailed discussions on little things but not so much on big things. Representative Ray asked Ms. Hardiman if she ever met with Mr. Bellinger directly to discuss the budget and if there was any one-on-one discussions. Ms. Hardiman said she had only one one- on-one discussion with Mr. Bellinger which was when he first started. Mr. Ted Sauerbeck, Deputy Auditor General, was asked to come forward. Representative Ray referred to the AGO report which stated the advisory board was approving expenditures. He asked if the advisory board was approving those dollars versus actual approval by the BCC. Mr. Sauerbeck replied the TDC did approve expenditures which were not brought to the Board of County Commissioners. He added the TDC approved them and he does not know why the BCC didn’t. Representative Ray commented the TDC cannot appropriate funds. Mr. Sauerbeck responded their report found the TDC approved the use of those dollars and the BCC did not. The Representative asked if this is what they would normally have done and Mr. Sauerbeck stated he cannot say whether it was normal or not. Representative Ray said there is March 4, 2013 -7- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 55  5.1.a not really intent on the part of the TDC board other than they were presented something and directed where it was to go. Mr. Sauerbeck replied that could very well be the case. Senator Ring said everyone is familiar with the role they have on advisory boards. He questioned why the Committee is “going after” this advisory board. Mr. Abruzzo replied they are not going after them and Senator Hays requested them to be present today. He advised this is not a witch hunt but looking for transparency. Mr. Bobby Nabors was asked to come forward and was sworn in by Senator Abruzzo. Mr. Nabors stated he represents the City of Fort Walton Beach on the TDC. He said they were given a budget Attachment: March 4 Special (1657 : Approval of Minutes) and expenditures to look at but they did not go to the Clerk’s Office and ask for bank statements. Mr. Nabors stated that was not in their job description. He continued, saying the expenditures for the boat, house and Porsche were not on the spreadsheets given to the TDC. When he knew him, he said Bellinger drove a Subaru. Mr. Nabors stated the former director was given authority with no oversight. He pointed out a member of the BCC sat on the TDC and the executive director (Mark Bellinger) answered to the Chairman of the Board of County Commissioners. He stated there was a failure in the system, noting the Chairman of the BCC did not sit on the TDC and did not know what was happening because the Sunshine Law precludes the BCC’s representative from discussing issues with the Chairman. He also pointed out the Chairman of the BCC changes every year. Mr. Nabors pointed out that every time Mr. Hall would correct them by saying “We would like to recommend to the BOCC.” He stated everything (proposed expenditures) did not make it to the commissioners. He added there was no rubber stamp approval because there were times the BCC said no. Mr. Nabors said “Did I monitor everything we recommended? Absolutely not.” Senator Abruzzo asked him if he was asked to resign. Mr. Nabors replied via the newspaper and the City Manager was notified by someone in the county but he doesn’t know who that was. He said he does not believe the county has the authority to remove him or to ask him to resign. Mr. Nabors stated there was a telephone conversation in which he was told that if he resigned, he would not have to go to Tallahassee and to testify. March 4, 2013 -8- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 56  5.1.a Recess: The meeting was recessed at 11:22 a.m. and reconvened at 11:25 a.m. Mr. Bradley asked Mr. Nabors what he does for a living and if any funds flowed through his business. Mr. Nabors answered that he runs a couple of retail stores and no money came to his businesses. When asked if anything might have benefitted his business. Mr. Nabors replied that a television commercial and a 13-week Facebook campaign which attracted people to the area could have benefitted his businesses. Mr. Nabors referenced the Marketing Committee and said there was discussion about a boat campaign early in the fall of 2011. The discussion was about renting a boat or yacht and doing weekend Attachment: March 4 Special (1657 : Approval of Minutes) getaways. He reported there was never any consensus on renting or buying a boat.