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September 26 2013 Special Meeting Minutes New Hanover County ABC Board Special Meeting Minutes September 26, 2013 I. Call to order Chairman Cedric Dickerson called to order a special meeting of the New Hanover County Alcoholic Beverage Control Board at 10:00am on September 26, 2013 in the General Office at 523 & 17'h Street, Wilmington, NC. The advertised purpose of the special meeting was primarily for the Board to discuss, and possibly award, the construction contract for the new ABC Complex (6009 Market Street & 210 Judges Road). II. Roll call Carol Martin, Board Secretary conducted a roll call. The following Members of the Board were present: Cedric Dickerson, Chairman Robert W. Martenis, Vice Chairman Thomas Wolfe, Member David Matthews, Member Others in attendance were: Dan Sykes, Chief Executive Officer Gary Cain, Retail and LBD Operations Manager Carol Martin, Board Secretary Ashley Withers, Star News Reporter Charles Boney, Principal, LS3P Associates, LTD W. Elliott O'Neal, Jr., CSI; Director of Bidding & Contract Services, LS3P Associates, LTD Taylor B. Simms, LS3P Associates, LTD Senior Associate & Project Manager Charles Hill, ABC Store#110 Manager Absent with Notice: Augustus C. Everett, Jr., Member Avril Pinder, Ex-Officio Member Wanda Copley, Legal Counsel—arrived after meeting adjourned, but availed herself to the Board and to LS3P Associates, LTD for legal discussion regarding necessary contract verbiage, and addressed general questions for several minutes. 111. Call meeting to order Mr. Dickerson verbally confirmed that the Board members had read the following ethics reminder: "In accordance with General Statute I8B-201, it is the duty of every Board member to avoid both conflicts of interest and appearances of conflicts. Does any member have any known conflict of interest or appearance of conflict with respect to any matters coining before the Board today? If so, please identify the conflict or appearance of conflict and refrain from any undue participation in the particular matter involved." Let it be recorded that no conflicts were identified by any Board member regarding this Board meeting. IV. Approval of minutes from last meeting Mr. Dickerson presented the minutes from the last Regular Meeting of September 17, 2013. Mr. Wolfe made the motion to approve the minutes as written, Mr. Martenis seconded, all approved. V. Approval of proposed agenda No proposed changes were made to the prepared agenda as written. 1 VI. New business a) Mr. Sykes' agenda summary handouts regarding the "New ABC Complex" stated that five (S) scaled bids from qualified construction companies were received and opened by Mr. O'Neal in the New Hanover County Government Finance Conference Room at 3pm on September 19, 2013. The construction bids ranged from$4.0 to $4.8 million, and the project's Board Architect, LS31' Associates, LTD recommended the Board award to the lowest bidder, Bordeaux Construction Co., Inc. of Durham, NC. Mr. O'Neal stated that his firm had completed two (2) new construction projects and three (3) small renovation projects with Bordeaux Construction Co., Inc. since 1999, and as recent as 2010. Mr. Wolfe made the motion to award the contract to Bordeaux Construction Co., Inc., and to approve the Total recommended Single Prime General Contract amount of$3,986,800. Mr. Martenis seconded the motion, and all approved. Mr. Matthews made the motion to authorize the ChairNice Chair to execute the necessary documents on behalf of the Board to bind the agreement. Mr. Wolfe seconded the motion, and all approved. b) Mr. Dickerson personally thanked Mr. Martenis and Mr. Matthews for their hard work over the last several months in their capacity as members of the Real Estate Committee. Mr. Boney then referred to the two as members of the Building Committee and coordinated their first meeting for Thursday, October 3, 2013 at 9:00am. Mr. Boney also said that once the construction contract was completely signed he would coordinate a pre-construction conference for the Board. Finally, Mr. Boney stated that his firm would look at reducing the firm's contracted fee because the awarded bid came in at less than was estimated. c) Mr. Sykes handed out a proposed media release that highlighted the recent audit, the increase in tax and profit distributions over the previous year, and announced the construction bid award. The Board unanimously approved the release as written. VIL Adjournment Mr. Matthews made the motion to adjourn the meeting; Mr. Martenis seconded, all approved. Minutes submitted by: Carol E. Martin, Secretary Minutes approved by: Date: Cedric Dickerson, Chairman 2