Okaloosa County BOCC — February 11, 2013 — Minutes — reading text

the sales price. Mr. Boyles made motion, seconded by Mr. Parisot, to give the indications we are moving forward with the intent to sue and re-evaluate in 30 days or less. 5 yeas. COMMISSIONER PARISOT’S POWERPOINT PRESENTATION ENTITLED “A COMMISSIONER'S VIEWPOINT” Mr. Parisot stated he believes this is a good time for him to make his PowerPoint presentation. He noted that many of the slides in his discourse have already been covered by Mr. Stewart. Mr. Parisot's 24-page, 20-minute slide presentation covered these topics: Discussion of TDD (Bellinger) Purchases and Status Actions by BCC in May 2012 Other Board Actions BCC Internal Investigation Additional Actions/Proposals 00000 Mr. Amunds announced those are some of Mr. Parisot’s private thoughts and are not part of the agenda package. He noted these slides will be posted on the county’s website tomorrow. Mr. Amunds stated he would like to take a moment for each commissioner to comment. Mr. Boyles stated Mr. Parisot made the presentation to the audience and the other members of the Board and was speaking for himself. He asked Mr. Stewart if an investigation is being conducted into Legendary, specifically on the $1.00 per year lease offer for office space in Destin. Mr. Stewart replied they are looking into it. He added they are exploring everything. Mr. Boyles asked if an update on this subject can also be made in 30 days. Mr. Stewart assured him they share the concern of Board and will try to get to the bottom of it. Continuing, Mr. Stewart stated since this began on May 1, 2012, they have religiously provided any information of a criminal nature to the Sheriff's Office. He said they have been in February 19, 2013 ~14- Minute Book 68, Page Okaloosa County Board of County Commissioners communication with not only the Sheriff’s Office but FDLE and the FBI, providing everything they can. Mr. Boyles felt some direction should be given regarding the motorcycles. He said they are a county asset and perhaps there is a way to make a silk purse from a sow’s ear. Mr. Boyles said they should be brought to Okaloosa County and then a decision be made on what to do with them. Mr. Stewart responded he is comfortable in saying they have exhausted efforts in asking the builder if she would refund the money but would like to ask once more. Mr. Boyles made motion, seconded by Mr. Parisot to give direction to Mr. Stewart to have final communication with the entity which built the motorcycles on a proposal for buyback and if unsuccessful, bring these assets back to Okaloosa County. 5 yeas. Mr. Harris asked Mr. Stewart to explain why the county delayed taking actions. He repeated, “Why take it now and not in May?” Mr. Stewart answered it would be fair to characterize this as “ongoing.” He said when they identified possible criminal activity, they told law enforcement. Mr. Stewart stated law enforcement does not see that any of the Board’s efforts will now interfere with their investigations. He emphasized they had to make certain the investigations by law enforcement were not impaired. Mr. Harris asked how many hours have been spent on these issues over the last nine months. Mr. Stewart replied it would be difficult to put a number on it but it is massive. Not only has time been spent by lawyers but other individuals have spent huge amounts of time to try to get TDD turned around. He said the time spent on this has been up and down the ranks of Okaloosa County. Mr. Stewart pointed out the employees are troubled as much about these events as the citizens are. Mr. Amunds asked how the information on the Zimmerman invoices can be obtained from FTC. Mr. Stewart replied they have received most, if not all, invoices relating to the third BP grant. He advised that Zimmerman did cooperate in providing backup information. Mr. Stewart told the commissioners efforts will continue because it is important to get all documentation that is available. Mr. Stewart said Item “b” under TDD deals with the quarterly report and asked if Ms. Hoshihara could detail Agenda Item “c” at this time. February 19, 2013 -15- Minute Book 68, Page Okaloosa County Board of County Commissioners TOURIST DEVELOPMENT - REVISIONS TO THE TOURIST DEVELOPMENT OPERATIONS AND PROCEDURES MANUAL Ms. Lynn Hoshihara, attorney with Nabors, Giblin & Nickerson, came forward to provide a review of proposed revisions to the Tourist Development Operations and Procedures Manual. The Board directed Special Counsel to review and revise the manual to further implement the measures which have already been adopted and to simplify/clarify the procedures contained within. These suggested revisions incorporate recommendations contained in the Auditor General’s Operational Audit Report No. 2013-085. Ms. Hoshihara listed the changes which have been incorporated into the document: e Eliminates any reference to the Emerald Coast Convention & Visitors Bureau, Inc. (Counsel will be recommending the dissolution of the corporation as it is no _ longer necessary.) e Revises the composition, appointment and terms of Council members to mirror Section 125.0104(4) (e), Florida Statutes e Expressly states that all Council meetings shall _ be properly noticed, open to the public, and minutes be recorded. Further, Council members are prohibited from discussing with each other matters on which foreseeable action will be taken by the Council, e Requires the Chairman of the Council to sign minutes of each Council meeting. e Eliminates Marketing Committee and sub-committee. e Requires purchases of equipment over $2,500 be handled through the Purchasing Department, rather than through advertising agencies. e Requires marketing companies to use competitive bid process. e Amends the Special Event Grant criteria and guidelines to incorporate Sponsorships and requires final approval from the Director rather than the Council. e Adds the Special Event and Sponsorship application form and Post-Event Evaluation form. Mr. Parisot stated the manual does not have the funding limits/threshold or who approves” them. He also said in September of last year the Board directed that all sponsorships come before the BCC and he thinks that should be retained. When Ms. Hoshihara asked if he is referring to both sponsorships and February 19, 2013 -16- Minute Book 68, Page Okaloosa County Board of County Commissioners special events, Mr. Parisot, replied “perhaps, yes.” Mr. Harris concurred. Mr. Amunds said the $25,000 threshold could be changed to require approval by the TDD Director and Purchasing Director. He stated his personal opinion is the County Administrator should be added to the $25,000 limit and anything above $25,000 should be brought to the Board. Mr. Boyles remarked there are no dollar limits that do not have checks and balances. Mr. Curry pointed out the next agenda will have major changes to the Purchasing Manual for Board consideration. Mr. Parisot addressed how special events and sponsorships should be treated. Mr. Boyles encouraged a look at the bigger issues. He stated the agenda packet contains 650 pages and at some point his ability to adequately do his job becomes limited. Mr. Boyles said he believes the Board should be careful not to put it all on the five guys sitting at the dais. He noted that he can’t see a $1,000 sponsorship needing to come before the Board. Mr. Boyles reiterated that would present a shear overload of documentation. He felt the focus should be on policies and procedures and to hold employees accountable. He said let them (employees) do their jobs. Mr. Boyles stated bringing everything to the Board is not the solution and we must rely on capable people. Mr. Windes agreed with Mr. Boyles and said the commissioners must trust their staff. He said he can agree with the $25,000 limitation but disagrees with Mr. Parisot’s other suggestions, calling them overkill. Mr. Amunds remarked this will be a living document, saying it will not be perfect. He too cautioned against micro-management and stated the Board must rely on its staff. Ms. Hoshihara said because the amendments to the Purchasing Manual will be before the Board in two weeks, perhaps the language in the TDC manual should be amended to read the approval authority will be identical to the process outlined in the Purchasing manual. Mr. Boyles made motion, seconded by Mr. Harris, to adopt the proposed amendments tonight but adding the approval levels for purchases to be in accordance with the Purchasing Policy. 5 yeas. February 19, 2013 -17- Minute Book 68, Page Okaloosa County Board of County Commissioners Mr. Parisot asked about the criteria for special events and sponsorships. Upon inquiry by Mr. Amunds, Mr. Windes stated he will work with the TDC on those parameters. Ms. Hoshihara stated there is one other item for the Board to address and that is dissolving the Emerald Coast Convention & Visitors Bureau. Mr. Boyles made motion, seconded by Mr. Parisot, to approve counsel’s recommendation to dissolve the Emerald Coast Convention & Visitors Bureau, Inc. 5 yeas. Mr. Stewart said as a matter of housekeeping amendment to the policy, the TDC terms are limited to four years. The terms will be staggered. The names of perspective Council members will be brought back to the Board. Mr. Parisot asked if one of the appointees could be from the hotel industry and another from lodging. Mr. Stewart replied the appointments will mirror the Statutes and the Board will make the selections. Mr. Mike Anderson, Mayor of Fort Walton Beach, stated he has a question about the composition of the Council and removal of appointees. He said a letter was sent out regarding the removal of the city’s representative to the Tourist Development Council. Mayor Anderson asked how the policies and procedures address removal of a city-appointed representative. Mr. Amunds commented that he sent the letter and spoke with Mr. Nabors but did not know the procedures at the time. Mr. Anderson commented that no one spoke to them (the city). Ms. Hoshihara stated the requirements for Council Composition and Vacancies is contained in the manual under “A.500.” She said the Fort Walton Beach City Council will have approval to appoint or remove its representative. Ms. Hoshihara also explained the term limitations. Under the heading Removal/Resignation, Ms. Hosihara read “Any member shall be subject to removal from the Council if they miss three (3) Council meetings per fiscal year or upon a majority vote of the Board.” Upon inguiry by Mr. Amunds, she confirmed the Board of County Commissioners can remove any Council member. Ms. Shirley Parker, Holt, asked if any of the commissioners who were serving on the Board when the Bellinger scandal took place plan to resign. Mr. Harris and Mr. Parisot said no. Mr. Boyles stated at the last meeting the Board asked for the resignations of the Tourist Development Council members. He explained that when he served on the Code Enforcement Board as a February 19, 2013 -18- Minute Book 68, Page Okaloosa County Board of County Commissioners volunteer he learned the internal operations. Mr. Boyles said if something were to change and function differently on that board, he believes that he, rather than the commissioner who appointed him, would have been in a better position to raise a flag. He stated we are all dealing with this mess. Mr. Boyles said he was careful not to point a finger at anyone and he does not think they benefited from anything they did. He felt it was appropriate to have a fresh start and begin with a completely reconstituted Tourist Development Council. Mr. Boyles added that elected officials are accountable to the people. He said we have access to the ballot box but TDC does not have that option. Mr. Curry asked to be allowed to make a statement at this time. He said that after 35 years in government nothing had adequately prepared him for the shocking events that began to unfold last April. The