Fort Walton Beach Council minutes — 08-24-2010 regular — reading text

APPOINTMENTPOLICE OFFICERS' PENSION FUND The City Clerk advised Chuck Shoff seeks reappointment for another term and Chris A. Johnson, Jr. has volunteered to serve on the vacant seat. Mr. Minich nominated Chuck Shoff, 225 Natures Trail Court, to the Police Officers' Pension Fund Board for a two -year term beginning September 30, 2010 to September 30, 2012. As there were no further nominations, the Mayor called for the vote and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, and Rynearson in favor (Seat 6 vacant). Mr. Holmes nominated Chris A. Johnson, 252 Yacht Club Drive, to the Police Officers' Pension Fund Board for a two -year term beginning September 30, 2010 to September 30, 2012. As there were no further nominations, the Mayor called for the vote and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, and Rynearson in favor (Seat 6 vacant). Regular Council 8 -24 -10 215 APPOINTMENT TO VACANT COUNCIL SEAT 6 The Mayor informed that nominations were made at the Council meetings of June 22 and August 10 and the nominees for Seat 6 are Dean Covey, Bob Hudgens, Henry: Kelley and C.H. " Bull" Rigdon. The Mayor explained that candidates will be given the opportunity to speak on their behalf, that voting will be done in alphabetical order until a candidate receives four votes. Dean Covey, 270 Brooks Street SE, stated his fondness for the City and that he would be pleased to serve if appointed by the Council. Bob Hudgens, 256 Ventura Circle SE, stated he would like the opportunity to serve on Council and assist them in their dealings with the City. Henry Kelly was not present. C. H. `Bull" Rigdon, 9 Bay Drive SE, stated he served for 18 years on Council and feels he could be of some help at this time. The Mayor asked for public input. There was none. The Mayor asked if there was Council support for any of the nominees. There was none. The Mayor called for the vote on the nominees in alphabetical order. Mr. Covey received no votes. Mr. Hudgens receives two votes with gossom and Nabors in favor. Mr. Kelly received no votes. Mr. Rigdon received 6 votes with Holmes, gossom, Reeves, Minich, Nabors, and Rynearson in favor. The Mayor congratulated Mr. Rigdon on his appointment and stated he would be given the oath after tonight' s meeting. RECONSIDERATION OF AWARD FOR AUDITING SERVICES The City Attorney advised that it is her opinion that the Council should reconsider the award of RFP 10 -010, Auditing Services, that was made at the August 10, 2010 Council meeting, reject all bids, and authorize the issuance of a new RFP for auditing services. The City Attorney noted there were issues raised before and after the award of the bid which was outlined in her memorandum to Council dated August 19, 2010, and she believes her opinion would work best for the City. The Mayor asked for public input. Steve Riggs, 434 Captain Circle, Destin, with the firm of Carr, Riggs & Ingram, recapped the series of events that led to his firm' s protest of the bid award to another firm, including the rules of the RFP and the ` cone of silence' and the evaluation criteria of the RFP which included fees and local vendor preference. Mr. Riggs advised that despite the fact his firm is outside of the City limits, his firm still ranked first and is $ 42,000 lower than the second -ranked firm, and noted his firm supports the City and many of its employees are City residents. Mr. Riggs asked Council not to rebid the RFQ, but to vote to allow the City Manager to negotiate with his firm that is $ 42, 000 less than the number two ranked firm and that complied and followed the rules of the RFP. 216 Regular Council 8 -24 -10 AUDITING SERVICES ( CONT) Jody Henderson, 356 Brooks Street, partner with the firm of O' Sullivan Creel, stated it was his understanding that the Council made their decision to choose his firm because the firm' s resources are concentrated in the City of Fort Walton Beach. Mr. Henderson also stated his firm is more than qualified to do the auditing work and that they followed the RFP process to the letter. The City Attorney clarified the case law contained in her August 19, 2010 memo to Council, and that whether or not Council votes to reject the bids and go out for another RFP is Council' s decision. Linda Harroway, 243 Vaughn, expressed concern that Council chose an auditing firm that is $ 42, 000 more than the first-ranked firm, especially when they are raising the millage rate. Brad Bynum, 82 Waynell Circle, echoed the comments of Ms. Harroway in regards to the costs of the two firms. When questioned by Council, the City Attorney stated her opinion that Council is not bound by the recommendation of the selection committee, but that the criteria of the committee should be followed. She informed that there is no clear interpretation in the statutes dealing with audit selection, and therefore it is difficult to have a clear legal opinion. The City Attorney continued that the statute does state the ability to negotiate, and informed if the City were to reject the bid and go out for rebid, it is her opinion that compensation or fees not be an element of the criteria, and that perhaps something different could be done with scoring for presentation, and that was not properly included in the criteria. What is clear, however, is local preference and the City Attorney noted that the City' s own purchasing rules state if everything in a bid is the same, then local preference shall prevail, but in this situation the proposals were not the same. Tom Risabato, 147 Linstew Drive and partner with Carr, Riggs & Ingram, expressed his feeling that Council wants to re -write the rules to justify choosing another firm. Discussion included qualifications vs. price among the firms. The City Attorney defended her opinion that it would stand up in a court of law. She also clarified the rules are not being rewritten; however, she does suggest that clarification is needed in the City' s rules and procedures in regards to the ` cone of silence.' The City Attorney explained the statute was written in 2001 and the City has not dealt with it since this is the first time the City has gone out for an auditing firm for at least 12 years. She informed the only rules that would be rewritten would be rules to keep the City out of the position it is currently in regarding auditing services. The City Attorney reiterated that compensation does not have to be in the criteria, and that local preference can be scored differently and other criteria can be scored lower. Council noted that all three firms were very close in the scoring and not to lose sight of that fact. Clay Carnathan, 149 Linstew Drive, stated both firms are well-respected in the area but asked Council to reconsider their decision based on price and to build public trust. The City Attorney clarified for Council that in her opinion there are very limited options to reconsider the award, either reject and bid again or award to the top ranked firm. She added that those actions may not protect the City from a lawsuit from the other firm. Jody Henderson, 356 Brooks Street, received clarification from the City Attorney regarding compensation as part of the criteria for awarding of the bid. As there was no one else who wished to speak, public input was closed Regular Council 8 -24 -10 217 AUDITING SERVICES (CONT) Ms. gossom moved to reconsider the award for auditing services. Mr. Rynearson seconded motion. The Mayor clarified that the motion was only to reconsider the award for auditing services, and not to reject all bids and authorize a new request. The Mayor called for the vote on the motion to reconsider the award for auditing services and it carried by a vote of 4 to 2 with gossom, Minich, Nabors, and Rynearson in favor and Holmes and Reeves opposed ( Seat 6 vacant). Mr. Rynearson moved to reject all bids, issue a new RFP without fees included in the criteria, and form a new selection committee to make a decision before the September 28, 2010 Council meeting. Mr. Reeves seconded motion. The City Attorney advised deleting reference to the formation of an audit selection committee. Mr. Rynearson withdrew that part of the motion. The Mayor clarified the motion is to reject all bids and authorize the issuance of a new RFP for auditing services. The Mayor called for the vote on the motion to reject all bids and authorize the issuance of a new RFP for auditing services and it carried by a vote of 4 to 2 Holmes, gossom, Reeves, and Rynearson in favor and Minich and Nabors opposed ( Seat 6 vacant). The Finance Director discussed the composition of the audit selection committee to be appointed by Council to include the Budget & Grants Manager, the Comptroller, the Mayor or his designee, and a citizen appointed by the City Manager. The City Manager stated he conferred with the City Attorney and there is no conflict involved with the composition of the committee. Mr. Holmes moved to approve the formation of an Audit Selection Committee to include the Budget & Grants Manager, the Comptroller, the Mayor or his designee, and a citizen appointed by the City Manager. Ms. gossom seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, and Rynearson in favor (Seat 6 vacant). Mr. Holmes nominated Mr. Minich to serve on the committee. Mr. Minich declined the nomination. Mr. Minich nominated the Mayor to serve on the committee. Mr. Holmes seconded nomination. The Mayor called for the vote on the nomination and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, and Rynearson in favor (Seat 6 vacant). LEGISLATIVE PRIORITIES The Mayor advised the Florida League of Cities has requested that the City provide its legislative priorities for the 2011 Legislative Session and suggested Council consider supporting the issues of home rule, pension reform, and unfunded mandates. Mr. Minich moved to support the issues of home rule, pension reform, and unfunded mandates as the City' s list of legislative priorities for the 2011 Legislative Session. Mr. Holmes seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, and Rynearson in favor ( Seat 6 vacant). 218 Regular Council 8 -24 -10 MAYOR/ COUNCIL COMMENTS Mr. Holmes stated his appreciation for those wanting to serve on the Council and that it was a tough decision. Ms. gossom stated she appreciates the input she receives from City residents on issues relative to the City Mr. Reeves thanked those that were nominated for Council and stated it is a tough, but rewarding, job. The Mayor encouraged those not chosen for Council this evening to consider filing next year when there will be five vacancies on Council. He also advised he returned from the Florida League of Cities conference and the highlights included the fact there will be no discussions on off s-hore drilling until March, and that clarification was given on the red -light cameras and they are now called intersection safety devices. The Mayor discussed the oil response workshop he attended with representatives from the State and BP, and