HomeMy WebLinkAboutAgenda - 11-07-2024; 6-a - Requests from Alcoholic Beverage Control (ABC) Board for General Manager Salary Cap Increase and ABC Board Member Monthly Stipends Increase 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 7, 2024
Action Agenda
Item No. 6-a
SUBJECT: Requests from Alcoholic Beverage Control (ABC) Board for General Manager
Salary Cap Increase and ABC Board Member Monthly Stipends Increase
DEPARTMENT: County Manager
ATTACHMENT(S): INFORMATION CONTACT:
1. October 8, 2024 Information from Tony DuBois, ABC Board General
ABC General Manager Manager, 919-732-3432
2. Excerpt from Minutes of the April 5, Judson Williamson, ABC Board Chair,
2022 BOCC Business Meeting 919-732-3432
Travis Myren, 919-245-2300
PURPOSE: To consider requests from the Alcoholic Beverage Control (ABC) Board to:
1) increase the salary cap for the ABC General Manager; and
2) increase the monthly stipends provided to ABC Board Members.
BACKGROUND: Orange County Alcoholic Beverage Control (ABC) General Manager Tony
DuBois, at the request of the ABC Board, submitted information to County staff on October
8, 2024 with two (2) requests for consideration by the Board of Commissioners (Attachment
1).
ABC General Manager Salary Cap Increase
The first request is to increase the salary cap for the Orange County ABC General Manager.
North Carolina General Statutes stipulate that the salary of the General Manager of a local
ABC board "shall not exceed the salary authorized by the General Assembly for the clerk of
superior court of the county in which the appointing authority was originally incorporated
unless such compensation is otherwise approved by the appointing authority."
At its April 5, 2022 Business meeting, the Board of Commissioners unanimously approved
an increase to the ABC General Manager's salary cap to $132,000 in response to a request
from the ABC Board. Attachment 2 is an excerpt of the minutes from the Board of
Commissioners' April 5, 2022 Business meeting. More recently, the North Carolina General
Assembly raised the Orange County Clerk of Superior Court's salary effective July 1 , 2024
to $135,248, above the $132,000 ceiling approved by the Board of County Commissioners
in 2022.
As detailed in Attachment 1, the ABC Board approved salary increases for ABC employees in
February 2024, and approved a salary increase for the ABC General Manager to $127,923 in
July 2024. Attachment 1 notes that the staff salary increases, in conjunction with the current cap
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on the General Manager's salary, have resulted in compression issues.
The Orange County ABC Board requests an increase in the salary cap for the General Manager
position to $150,000. Attachment 1 provides ABC General Manager compensation comparison
data points from other jurisdictions to support the ABC Board's request for a salary cap increase
for the General Manager.
Stipends Increase for ABC Board Members
The second request from the Orange County ABC Board seeks an increase in the stipends for
ABC Board Members. The stipends were last raised in July 2004 for ABC Board members as
follows:
• $75 per month ($900 annually, up from $50 per month); and
• $125 per month ($1,500 annually, up from $100 per month) for the ABC Board Chair.
Attachment 1 notes the ABC Board's request to increase the stipends to:
• $150 per month ($1,800 annually) for ABC Board Members;
• $200 per month ($2,400 annually) for the ABC Board Vice-Chair; and
• $250 per month ($3,000 annually) for the ABC Board Chair.
Attachment 1 also provides ABC Board Member stipend comparison data points from other
jurisdictions with similar annual sales of $30-$35 million, and also from neighboring jurisdictions,
to support the ABC Board's stipends increase request.
FINANCIAL IMPACT: The Alcoholic Beverage Control Board has sufficient funds budgeted
to accommodate the potential salary cap increase for the General Manager and the stipends
increase for ABC Board Members.
ALIGNMENT WITH STRATEGIC PLAN: There are no Orange County Strategic Plan Goals
applicable to this item.
RECOMMENDATION(S): The Manager recommends the Board consider the ABC Board's
request to:
1) increase the salary cap for the ABC General Manager to $150,000; and
2) increase the stipends provided to ABC Board Members as follows:
• $150 per month ($1,800 annually) for ABC Board members;
• $200 per month ($2,400 annually) for the ABC Board Vice-Chair; and
• $250 per month ($3,000 annually) for the ABC Board Chair.
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Attachment 1
October 8, 2024 Information from ABC General Manager
BOCC AGENDA ITEM:
Orange County ABC Board Stipend and General Manager Salary Cap Increase Request
Summary:ABC Board member stipends and the General Manager's salary cap have not remained commensurate
with other ABC boards of similar size and sales volume.
This request for increases has no impact on the county budget as the ABC Board is self-funded.
ITEM 1: General Manager Salary Cap
Forecasting present and future financial growth for the Orange County ABC Board,the Orange County ABC Board
requests to increase the salary cap for the General Manager position to $150,000.This request is to increase the
range for coming years and does not indicate a salary adjustment in the current fiscal year.
BACKGROUND: In the 04/05/2022 meeting of the Orange County Board of County Commissioners unanimously
approved a request from the Orange County Alcoholic Beverage Control (ABC) Board to update the ABC General
Manager's salary cap to $132,000.
North Carolina General Statutes stipulate that the salary of the General Manager of a local ABC board "shall not
exceed the salary authorized by the General Assembly for the clerk of superior court of the county in which the
appointing authority was originally incorporated unless such compensation is otherwise approved by the
appointing authority." (G.S. 7A-101)Although the duties and functions of the ABC Board are unrelated to those of
the court clerk, a comparative study in 2021 showed that the court had 26 clerks and deputies while the ABC
Board had more than 65 employees in eight retail locations, a central office and a warehouse.
Beginning July 1, 2024, the general assembly raised the Orange County clerk of superior court's salary to
$135,248, up from $131,309 (3%), superseding the previously approved cap ($132,000) approved by the Board of
County Commissioners.
In February 2024, Orange County ABC voted to meet the Orange County Living Wage of$17.65 per hour for part-
time employees, offer starting wages of$20.00 per hour(an increase of 20.48%)for full-time employees and
address compression across the pay scale.The General Manager's salary was not considered as part of this pay
increase due to the proximity of the current salary to the cap. In July 2024,the General Manager's salary was
increased by the ABC Board to $127,923 (3.21%).
The disparity in percentage of pay increases between the general manager and staff has created significant issues
of compression within the pay scale including the Assistant General Manager's salary who by statute cannot make
more than the General Manager.
With nine (9) stores, Orange County ABC produced annual sales of$31,311,344 (FY 2024). By comparison, Orange
County ABC Board General Manager's salary continues to trail those of similar-size and neighboring ABC boards:
• Durham County ABC(10 stores, $64,500,000) $165,000,
• Wake County ABC (25 stores, $230 million) $191,000,
• Greensboro (15 stores, $81,054,450) $180,000,
• Pitt County ABC(8 stores, $33,681,355) $145,000,
Raising the general manager's salary cap (the pinnacle of the ABC board pay scale by statute) would allow for
equitable pay increases across the entirety of the pay scale in the future.
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ITEM 2: Board Member Stipends
The Orange County ABC Board requests to increase stipends for board members to $150 per month ($1,800
annually), $200 per month ($2,400 annually)for the board vice-chair and $250 per month ($3,000 annually)for
the board chair. Stipends for the board have not been increased for twenty years.
BACKGROUND: On July 1, 2004,the Orange County Board of County Commissioners raised stipends for ABC board
members to $75 per month ($900 annually, up from $50 per month) and stipends for the board chair to$125 per
month ($1,500 annually, up from $100 per month).
These stipends have remained unchanged. Orange County ABC Board members remain the lowest compensated
of boards with annual sales of$30-$35 million.
• Catawba County ABC ($31.2 million) compensates board members and the board chair$225 per month
($2,700).
• Pitt County ABC($33.5 million) offers board members$100 per month ($1,200) and the board chair$150
per month ($1,800).
• Concord ABC compensates board members $225 per month ($2,700) and the board chair$275 per month
($3,300).
Neighboring ABC boards also offer board members stipends exceeding those afforded by the Orange County ABC
Board.
• Alamance County ABC ($23.1 million) offers board members and the chair$150 per month ($1,800
annually).
• Durham County ABC compensates board members $400 per month ($4,800) and the chair$500 per
month ($6,000).
Stipends for Orange County ABC board members remain significantly below those of comparable ABC boards.
Board stipends should be increased for the present fiscal year and then reviewed by the Board of County
Commissioners on a recurring basis to ensure equity on par with similar boards.
In Conclusion:
The ABC Board historically has significantly exceeded contributions to local law enforcement and community
alcohol education efforts. In the past 5 years, contributions to the Orange County General have increased
significantly($805,000 in FY 2024). During the same timeframe,the ABC Board has raised the starting salary of
full-time employees well above the Orange County"living wage" standard and has increased the salary ranges at
all levels of the organization.
General Manager and Board Member compensation has lagged despite the pay increases in all other areas.These
matters can only be addressed with the approval of the Board of County Commissioners. It is recommended that
the General Manager's salary cap and board member stipends be approved as requested. Further, the ABC Board
will review the general manager's salary cap and board stipends on a recurring basis (every 5-6 years) and bring to
the attention of the Board of County Commissioners if deemed appropriate.
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APPROVED 5/4/22
MINUTES
ORANGE COUNTY
BOARD OF COMMISSIONERS
BUSINESS MEETING
April 5, 2022
7:00 p.m.
The Orange County Board of Commissioners met for a Business Meeting on Tuesday, April
5, 2022 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, NC.
COUNTY COMMISSIONERS PRESENT: Chair Renee Price, Vice Chair Jamezetta Bedford,
and Commissioners Amy Fowler, Sally Greene, Jean Hamilton, Earl McKee, and Anna
Richards
COUNTY COMMISSIONERS ABSENT: None
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified
appropriately below)
Chair Price called the meeting to order at 7:00 p.m.
1. Additions or Changes to the Agenda
Bonnie Hammersley proposed removing items 6-a and 6-b from the agenda and
delaying discussion until staff can conduct further research and analysis. She indicated 6-a will
be brought back on May 3, 2022, and 6-b may be back as early as April 26, 2022.
Chair Price said one of the reasons for the delay of item 6-b is so the Towns have an
opportunity to review the plan.
Chair Price dispensed with reading the public charge.
2. Public Comments (Limited to One Hour)
a. Matters not on the Printed Agenda
None.
b. Matters on the Printed Agenda
(These matters will be considered when the Board addresses that item on the agenda below.)
3. Announcements, Petitions and Comments by Board Members
Commissioner Hamilton said she attended a Community Block party of the Gaines
Chapel Community on Saturday, April 2, 2022. She thanked county staff from Environmental
Health, Animal Services, and other departments that provided information to event attendees.
She said she talked to residents in the area who are concerned about safe water and sewer.
She also shared that she visited some Chapel Hill-Carrboro City Schools and Orange County
Schools. She said that she was dismayed to see the conditions in some of the older schools
and highlighted the need for the community to pull together and provide safe schools for
children.
Commissioner Greene congratulated the University of North Carolina men's basketball
team and Coach Hubert Davis for a great season.
Commissioner Bedford had no announcements.
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A motion was made by Commissioner Greene, seconded by Commissioner Hamilton, to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Fowler, seconded by Commissioner McKee, to
adopt the resolution, supporting the application to the Local Government Commission for
approval of the financing, as corrected.
VOTE: UNANIMOUS
6. Regular Agenda
a. Longtime Homeowner Assistance (LHA) Program Evaluation
This item was deferred until a later date.
b. Manufactured Homes Action Plan
This item was deferred until a later date.
c. Alcoholic Beverage Control (ABC) Board Request for Salary Range Update for the ABC
Board General Manager
The Board considered a request from the Alcoholic Beverage Control (ABC) Board to update
the ABC General Manager's salary range to either correlate to that of a County department
head or increase the salary cap for the ABC General Manager by 20% to $132,379.20.
BACKGROUND: North Carolina General Statutes stipulate that the salary of the General
Manager of a local ABC board "shall not exceed the salary authorized by the General
Assembly for the clerk of superior court of the county in which the appointing authority
was originally incorporated unless such compensation is otherwise approved by the
appointing authority."
The Chair of the Orange County ABC Board has requested that the Board of
Commissioners consider allowing the ABC Board to grant a performance based salary
increase to the ABC Board's General Manager that exceeds the State limitation. The
FY2021-22 authorized salary for the Orange County Clerk of Superior Court is $110,316.
The ABC General Manager's current salary is within statutory maximum at $110,316.
According to the ABC Board's compensation policies, a performance rating of average or
abovewould qualify for an increase of between three percent (3%) and five percent (5%).
The ABC Board General Manager does not receive any additional compensation beyond
the amount reported in his annual salary. The ABC Board Chair has provided the
attached memorandum to support the ABC Board's request. The ABC Board Chair has
indicated that updating the General Manager's salary range will address salary
compression and align with other ABC Boards.
The ABC Board Chair is requesting correlating the General Manager's salary range to that
of a County department head. If that request is not BOCC approved, then the ABC Chair
requests to increase the salary cap for the General Manager position by 20% to
$132,379.20. The Durham and Wake counties' ABC General Manager caps are $145,000
and $194,463 respectively.
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The Board of Commissioners previously considered a request from the ABC Board regarding
the General Manager's salary in June 2021. An excerpt of the minutes from the Board's June
15, 2021 Business meeting is attached.
Chair Price reviewed the background information for the item.
Gary Donaldson stated that correlating the salary with department heads will not be
feasible due to variations within that range. He said the salary cap of $132,379.20 is more
likely.
Commissioner Hamilton asked who sets the Clerk of Court's salary.
John Roberts said that is determined by the state.
Commissioner Hamilton said it is hard to know if 20% is an appropriate cap. She said
she does not feel comfortable making the decision without more information.
Commissioner Bedford said she served on ABC Board in the past and that the board
puts a lot of effort and time into evaluating the General Manager's salary. She said she is
comfortable with the decision making by that board. She said that there is compression within
the management team. She said she is interested in approving the 20% salary increase cap.
She said that since the BOCC appoints members of ABC board, she is comfortable with this.
Commissioner Fowler said the Assistant General Manager's max is close to the General
Manager's. She said she would feel comfortable with the 20% cap. She said that by statute next
year the Clerk will go up to $113,000. She said this should help things for a few years.
Commissioner Richards asked what the goal is with the increase. She asked if it is really
compression issue. She said that she examined the Durham and Wake County salaries and
asked if the increase will also help retain talent.
Bonnie Hammersley clarified that this comes directly from the ABC Board by statute.
She said that if they want to exceed the Clerk of Court salary, statute requires the BOCC
approval.
Chair Price elaborated that the county has no input on the Clerk of Court's salary and
that it is controlled by the state.
Commissioner Richards asked if it should be higher than 20%.
Chair Price said she does not know if it will enough and that she is still struggling with
why the ABC manager's salary is tied to the Clerk of Court salary.
Commissioner McKee said the ABC Board is a state board and has no oversight other
than members that the BOCC appoints to it. He said that the state limitation in the salary is in
effect with this decision and requires the BOCC to override that. He said he does not want to
determine whether it's effective or fair because that's for the independent board to decide. He
said that his interest is simply determining whether it should exceed Clerk of Court.
Commissioner Greene referenced minutes from June 15, 2021. She summarized the
discussion. She said she feels she does not have enough information to vote yes.
Patrick Burns, ABC Board Chair, said that comparing the General Manager's position to
Clerk of Court makes no sense. He said that the ABC system is a retail operation. He said the
General Manager is responsible for taking care of employees, building stores, and overseeing
functions of a retail business. He said there is a lot of complexity to the position, and it has
grown a lot the past few years. He said the last time, in June of 2021, it seems it was looked at
as a raise for just one person. He said it is really room for the ABC Board to determine the GM
salary and not allowing this will make the compression issue worse. He did say that no one can
make more than the General Manager. He said that the ABC Board is trying to get to a point
where they can evaluate and compensate and retain employees. He said that the pandemic has
increased sales and that those increases have also been shared with contributions to treatment
opportunities. He said that they are above the statutory requirement for contributions for
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treatment opportunities. He said there are department heads within a salary range that are not
at the top.
Commissioner Greene said she wished more comparable had been included besides
Durham and Wake since those populations are larger.
Pat Burns said these positions seemed more comparable than the Clerk of Court
position.
Commissioner Greene said she meant more data from other ABC General Managers in
counties that are similar sizes to Orange County.
Chair Price said that Durham and Wake counties have many more stores and the
comparison from those counties was also a concern to her.
Pat Burns said there is a new store coming in Southern Village.
Chair Price said Chatham or Alamance may be more comparable with the number of
stores.
Pat Burns said that for sales for the state, Orange County hovers around 101n
Commissioner Hamilton asked if the Board could get more information on the size of
counties, number of stores, and number of employees. She said if she must make the decision,
she wants to know the basis on which she is making it,
Commissioner McKee said the BOCC is not approving a salary for the General
Manager, only approving a salary cap for the ABC Board to decide the salary. He said this is a
state statute board. He said that the BOCC's sole responsibility is to find a work around for the
County Clerk tie in and that he would not want to tie it to department heads because it ties it to
a county. He said he has no issue approving the increase in the salary cap.
Chair Price said the question is if the percentage is reasonable.
Commissioner McKee said this is a max of 20% for the cap but the 20% is not a
guaranteed increase by the ABC Board.
Chair Price said she understands.
Commissioner Richards said she is comfortable with ABC Board's recommendation if
they think 20% is appropriate.
Tony DuBois, the General Manager for the Orange County ABC Board, said Durham
County does about $50 million while Orange County does $30 Million. He said that Wake
County is huge, so it is not really comparable. He said that Durham and Orange Counties both
have ten stores. He said it's hard to compare between counties because of all the differences
but they provided Durham and Wake because they are close neighbors, He said that Durham
increased theirs to $180,000.
Commissioner Fowler asked if there were numbers for Alamance.
Tony DuBois said that Alamance only has five stores.
Chair Price said Orange and Durham are the same in number of stores and close in
number of employees.
A motion was made by Commissioner McKee, seconded by Commissioner Fowler, to
increase the salary cap for the ABC General Manager to $132,000.
VOTE: UNANIMOUS