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HomeMy WebLinkAboutABC Board minutes 052218 Orange County ABC Board Open Meeting Board Minutes Tuesday May 22, 2018 The Orange County ABC Board held its regular meeting on Tuesday,May 22,2018 at 8:30 AM at the ABC Board Administrative Office 601 Valley Forge Road Nillsbomugb,N.C.These are the minutes of the Open Session. Present: Greg Jarvies,Chairman Keith Bagby,Vice Chairman Jane Cousins,Member Mike Lassiter,Member Jamezetta Bedford,Member Tony DuBois,General Manager Ron McCoy,Finance Officer Angela Willoughby,Asst.General Manager Angel Neighbours,Board Secretary Renee Price,BOCC Liaison Chris Willeh,Beemer,11adler&Willett,P.A., Absent: Visitors: Molly Hegeman,CAI Caata order:at 8:29am a quorum was present and Mr.Jarvies,Board Chairman,called the regularly scheduled Board Meeting to Order. Mr.Jarvies read the Mission Statement: The Mission of the Orange County ABC Board and our employees is to serve our locality responsibly by controlling the sale of spirituous liquor,returning profits to Law enforcement,Alcohol Education,and the County Fund while providing excellent service in customer friendly,modern and efficient stores. Mr. Jarvies read the Conflict of Interest Statement. The question was asked: if anyone has a conflict of interest with respect to any matters on the agenda?All present say no. 1 Approval of the Open meeting Agenda: Me Bagby made a motion to approve the Open meeting agenda,Mr.Lassiter seconded the motion and the rate carried 2 Meeting Minutes:The Open Meeting Minutes for April 17,2018 were presented.Discussion was held. Mr.Bagby made a motion to accept the open session minutes,Ms. Cousins seconded the motion and the vote carried 3 Consent Agenda:April 2018 a.Financial Reports: i.Comparative Statement of Net Assets ii.Comparative Revenue and Expenses for April 2018 and April 2017 iii Actual-to-Budget April 2018 b.April 2017 and Year-to-Date Retail Sales c.Statewide Sales Report Discussion was held.Ms. Cousins made a motion to approve the Apra 2018 Consent Agenda, Mr. Bagby seconded the motion and the vote carried Open Session 5/22/2018 Page 1 of 3 pages Orange County ABC Board Open Meeting Board Minutes Tuesday May 22,2018 4. Compensation Study: 9:32am Molly Hegeman with CAI presented her findings in the Orange County ABC Board Compensation study. She made the Board aware of some outstanding benefits they offer employees and made suggestions on haw to enhance the benefit package. She also made suggestions in the salary ranges and compression that is occurring. 10:23am Molly Hegeman left the meeting. Discussion was held on the impact the new living wage and salary compression would make for budget purposes.Ms.Price suggested lowering the grant allocations.Board would like to discus this at a later date. 5. Management Updates: 1.Law Enforcement Reports:This report is required by the NCABC 2.Travel Policy:The travel policy approval has been sent to the BOCC for approval at an upcoming meeting 3.ABC Conference:The ABC Conference is August 5-8.Keith Bagby and Tony DuBios will be attending this year. 4.Storm Water Award: We were selected as a storm water control measures owner of the year by the Town of Hillsborough Storm water and Environmental Services. 5.Willow Crack/Carrboro/LBD:The current construction timeline for finishing the Carrboro remodel is August 20. Updated pictures were presented at the meeting. 6.Oakdale: We have submitted designs on this project and have initial submittals in to the town starting the approval process.Projected timeline to start this project is July 2018. 6. 2018-2019 Draft Budget:A draft budget was presented to the board.Discussion was held. Final Budget approval will take place in the June 2018 Board meeting. 7. Harassment Policy:The proposed harassment policy has been updated with the board members requested revisions.Legal counsel has been consulted on the updated policy after the directors offered suggestions.Discussion was held.Ms.Bedford made a motion to approve the Harassment Policy with minor adjustments,Ms. Cousins seconded the motion and the vote carried Staff will receive training on the new poiiry. 8. County Funding Request:County representatives spoke in the April 2018 Board meeting requesting an additional$50,000 General Ford contribution to support a new position within the Drug Treatment Court System. Discussion was held.Mr. Bagby made a motion to increase We General Fund Contribution $35,000 from$500,000 to$535,000,Ms. Bedford seconded the motion and the vote carried 9 Law Enforcement Funding:Funding requests were reviewed and discussion was held.Mr.Bagby made a motion to approve$160,000 far Law Enforcement Funding,Mr.Lassiter seconded the motion and the vote carried Funding was allocated as follows: Orange County Sheriffs Department $100,000 Chapel Hill Police Department S 31,000 Carrboro Police Department $19,000 Hillsborough Police Department $10,000 Open Session 5/22/2018 Page 2 of 3 pages Orange County ABC Board Open Meeting Board Minutes Tuesday May 22,2018 10 Alcohol Education and Rehabilitation Grants:Funding requests were reviewed and discussion was held.Mr.Bagby made a motion to approve 5244,000 forAleohol Education and Rehabilitation,Mr. Lassiter seconded the motion and the vote carried.Funding was allocated as follows: El Potato $21,000 Orange Partnership $14,000 Carpe Diem $14,000 Compass Center S 4,000 Campus&Community S30,000 Freedom House S30,000 El Centro $13,000 OC Criminal Justice $35,000 Orange County Schools S32,000 Pathways to Change $ 4,000 Chapel Hill/Carrboro $47,000 All Law Enforcement suit Alcohol Education and Rehabilitation funding grants are pending final budget approval at the June 2018 Meeting. Letters for all funding will go out to recipients the first week of July. 11 Board member recommendation:All applications were sent to board members in advance for review. Discussion was held.A recommendation was made to ask B.O.C.C.to appoint Patrick Bums as our new member. 12 Board Comments:Mr. Bagby attended the Orange Partnership meeting and a meeting at the Library on the topic of Opioids in May. Ms. Bedford,Mr.Dubois and Ms.Cousins attended the Campus&Community meeting in April. Mr.Jarvies will send out GM evaluation forms and would like to receive them back by June 10`s. Closed session in accordance with NCGS 143-318-11(a)Personnel Matters: 12:26pm Mr.Lassiter made a motion to go into closedsession,Ms. Cousins seconded the motion and the rate carried 12:41 pm Ms. Cousins made a modern to go back to open session,Mr. Lassiter seconded the motion and the vote carried At 12:42pm Ms. Cousins made a motion to adjourn,Mr.Bagby seconded the motion and the vote carried Meeting adjourned. �fy� Chair's SijWury and Date oard eemtary's Sigo a and Dale Open Session 5/22/2018 Page 3 of 3 pages Sexual & Other Unlawful Harassment Orange County ABC is committed to providing a work environment free of discrimination and harassment. Orange County ABC strongly disapproves of, and will not tolerate, unlawful harassment, including sexual harassment. This policy applies to conduct occurring in the workplace and/or in other settings where Orange County ABC employees may be in connection with their work, such as business trips, and business related parties and social events. All persons are expected to refrain from engaging in conduct which may be construed as unlawful harassment or sexual harassment. Likewise, each person is expected to take the necessary steps to prevent and eliminate its occurrence. This policy applies to all Orange County ABC personnel, as well as to vendors, clients, board members or others who deal with personnel. This policy prohibits unlawful harassment in any form, including sexual harassment, harassment related to race, color, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, ethnicity, age (40 or older),disability or genetic information and any other legally protected characteristic. Sexual harassment includes unwelcome sexual advances, requests for sexual acts or favors, or other verbal or physical conduct of a sexual nature when(i) submission or rejection of such conduct is a term or condition of employment or is a basis for employment decisions, or (ii) such conduct has the purpose or effect of unreasonably interfering with an individual's working conditions or performance by creating an intimidating,hostile,humiliating or offensive work environment. While in some cases individuals may make comments, jokes or personal advances without intending harm, such action can be unwanted, threatening and perceived as harassment. Stopping harassment in its many forms requires an increased awareness by everyone of the impact that such actions may have on others. Following is a partial list of unwelcome behavior that may be considered harassment: • Verbal conduct such as racial or ethnic epithets, derogatory jokes or comments, slurs, sexual innuendo, sexually suggestive "kidding or teasing,"jokes about gender-specific traits, unwanted sexual overtures or comments, inquiries or discussions concerning one's sexual experiences, comments on an individual's body; • Visual conduct such w derogatory and/or sexually oriented posters, photography, cartoons, drawings or gestures; • Physical conduct such as unwanted touching, hugging, kissing, intentional brushing up against the body of another employee; • Threats or demands to submit to sexual requests as a condition of continued employment or to avoid a loss of benefits,or offers of benefits in return for sexual favors; and • Retaliation for having reported or threatened to report harassment. Whenever possible, any person who is experiencing unwelcome conduct of the type generally described above should inform the person engaging in the conduct that it is unwelcome and request that it stop. The complainant may choose to pursue this option alone, or may ask a supervisor to be present or serve as an intermediary. Page 1 of 3 In any case, a person who believes that he/she has been harassed by a co-worker, supervisor, customer, vendor or other business visitor, or who bas witnessed such harassment, is strongly encouraged to report the facts of the incident or incidents in accordance with the procedure set forth below. Orange County ABC can only resolve matters brought to its attention; accordingly, Orange County ABC encourages all persons to come forward with information about allegations of unlawful harassment. Retaliation for making a complaint or cooperating in an investigation of alleged harassment is strictly prohibited. Filing a harassment complaint In the event an individual feels any form of unlawful harassment has taken place, Orange County ABC will make every effort to resolve the situation as quickly as possible. The following are guidelines for the resolution of these situations. Any individual who believes that he or she has been unlawfully discriminated against,harassed, or bullied is strongly encouraged to file a complaint orally or in writing to any of the following individuals: • A supervisor or manager, who will then immediately file a report with the assistant general manager or general manager • The assistant general manager, who will then immediately file a report with the general manager or board chair • The general manager • The board chair,if the complainant is directly supervised by the general manager • Any board member, if the complainant is the general manager A complaint should be filed as soon as possible but no later than 30 calendar days after disclosure or discovery of the facts giving rise to the complaint. Complaints submitted after the 30 day period will be investigated, however individuals should recognize that delays in reporting may significantly impair the ability to investigate and respond to such complaints. Addressing complaints of alleged incidents of harassment 1) Whoever received a complaint of harassment shall immediately notify the appropriate investigator who shall respond to the complaint and investigate. • If the alleged perpetrator is any employee, customer or vendor, the investigator will be the general manager, • If the alleged perpetrator is the general manager or any board member, the board attorney will be the investigator. • Unless the board chair and/or general manager are the subject of the harassment complaint, the GM will be notified within 24 hours of the complaint having been filed and the board chair will be notified by the general manager within 24 hours after the GM has been notified. • Within 24 hours of the onset of a harassment investigation,the general manager will notify the board attorney of the investigation and will follow the guidance provided by the board attorney. Page 2 of 3 2) The investigator is responsible for determining whether the alleged act(s)constitutes a violation of policy or law. In so doing,the investigator shall impartially, promptly, and thoroughly investigate the complaint. The investigator shall take all reasonable steps to interview (1) the complainant; (2) the alleged perpetrator(s); (3) individuals identified as witnesses by the complainant or alleged perpetrator(s); and (4) any other individuals, including other possible victims, who may have relevant information. The investigation will include a review of all evidence presented by the complainant or alleged perpetrator. The board attorney will be provided the opportunity to review all facets of the investigative process at any time during the investigation. 3) The complaint and investigation will be kept confidential to the extent possible. Information may be shared only with individuals who need the information in order to investigate and address the complaint appropriately and those with a legal right to access the information, which may include the alleged perpetrator. 4) The investigator shall review the factual information gathered through the investigation to determine whether, based on a preponderance of the evidence, the alleged conduct constitutes unlawful harassment. 5) The investigator shall provide written notification to the complainant of the results of the investigation within 15 calendar days of receiving the complaint, unless additional time is necessary to conduct an impartial, thorough investigation. 6) Prior to any findings being released, and/or delivered to involved parties, and prior to any disciplinary action, job actions or other sanctions being assessed pursuant to the findings of the investigation, the board attorney will be notified both of the findings of the investigation and recommended job actions,if any,that may be forthcoming. 7) If the investigator determines that the complaint was substantiated, the perpetrator(s) will be subject to discipline or other corrective steps, including but not limited to termination, as described in progressive discipline procedure. 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