PENNSYLVANIA LIQUOR CONTROL BOARD MEETING MINUTES WEDNESDAY, FEBRUARY 13, 2013 NORTHWEST OFFICE BUILDING, CONFERENCE ROOM 117, HARRISBURG, PA Joseph E. “Skip” Brion, Chairman Office of Chief Counsel Bureau of Real Estate Robert S. Marcus, Board Member Bureau of Licensing Bureau of Product Selection/Marketing Office of Chief Executive Officer Bureau of Human Resources Financial Report John Stark, Board Secretary Bureau of Purchasing and Contracting Other Issues PUBLIC MEETING – 11:00 A.M Board Secretary John K. Stark indicated that a quorum of the Board was present and Chairman Brion called the meeting to order. CALL TO ORDER ......................................................................................................................... Chairman Brion Pledge of Allegiance to the Flag OLD BUSINESS ................................................................................................................................ Secretary Stark A. Motion to approve the Previous Board Meeting Minutes of the January 30, 2013 meeting. Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously approved (2-0 vote) previous Board Minutes. PUBLIC COMMENT ON AGENDA ITEMS There was no comment on the printed agenda items. NEW BUSINESS From the Office of Chief Counsel ....................................................................... Faith Smith Diehl, Chief Counsel (1) G.W.F.B., Inc. t/a Fort Brady Hotel ALJ Citation Appeal H-3194 (LID 46796) 18-20 North Main Street Muncy, Lycoming County Citation No. 11-0966 Motion Made: Board Member Marcus Seconded: Chairman Brion Note: Board Minutes are not officially approved until all required signatures are affixed. Board Decision: Unanimously agreed (2-0 vote) to vacate the October 12, 2012 Adjudication of the ALJ and reinstate the ALJ’s Adjudication of October 1, 2012. (2) La Molina, Inc. Appeal to Commonwealth Court R-9212 (LID 57457) 59-59 Long Lane Upper Darby, Delaware County Docket No. CP-23-MD-12-1268 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) – Do Not Appeal (3) Luna, Inc. Appeal to Commonwealth Court R-626 (LID 38553) 304 North Craig Street Pittsburgh, Allegheny County Docket No. SA-11-1207 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to not appeal (4) 2009 Restaurant on Carson, LLC Conditional Licensing Agreement R-13320 (LID 56242) Renewal 2009 East Carson Street Pittsburgh, Allegheny County Docket No. SA-12-000327 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to approve Renewal with Conditional Licensing Agreement. (5) The Hub, Inc. Conditional Licensing Agreement R-3727 (LID 47638) Renewal 1027 Main Street Republic, Fayette County Docket No. 485 MD 2012 Motion Made: Board Member Marcus Seconded: Chairman Brion 2 Note: Board Minutes are not officially approved until all required signatures are affixed. Board Decision: Unanimously agreed (2-0 vote) to approve Renewal with Conditional Licensing Agreement (6) Sale by Licensed Limited Distilleries and Proposed Regulatory Change Distilleries (54-73) Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to accept Proposed Regulatory Change From the Bureau of Licensing .......................................................... Jerry Waters, Director of Regulatory Affairs Tisha Albert, Director, Bureau of Licensing (1) Acacia Services, LLC “Intermunicipal” Double Transfer R-17475 (LID No. 66568) & Request for Interior 64 Ridgway Drive Connection with Another Dallas Township Business – Restaurant Dallas, Luzerne County Case No. 12-9167 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to approve transfer and request for interior connection with another business (2) Franklin County Vacancy – Seven (7) Applicants New – Restaurant John M. Kalathas, t/a Johnnie’s Family Restaurant **& Requests for Interior R-21511 (LID No. 66775) Case No. 12-9190 Connections with Another Montezuma of Chambersburg, Inc. Business & to Conduct Another R-21512 (LID No. 66787) Case No. 12-9191 Business on the Licensed Premises Bonita L. Nalewak, t/a Hat’s Heros R-21507 (LID No. 66539) Case No. 12-9192 Jeffrey Scott Raimo, t/a Town and Country Cafe R-21506 (LID No. 66531) Case No. 12-9193 Robert R. Drey** t/a Lakeview Motel-Restaurant & Lounge R-21510 (LID No. 66769) Case No. 12-9194 Norland Grille, LLC, t/a Norland Grille R-21508 (LID No. 66658) Case No. 12-9195 Keith Edward Flood, t/a The Hut R-21509 (LID No. 66762) Case No. 12-9196 3 Note: Board Minutes are not officially approved until all required signatures are affixed. Motion Made: Board Member Marcus Seconded: Board Decision: Hold by Board Member Marcus (3) 552 St. Joseph’s, Inc. Renewal – District 2 t/a Starting Gate Tavern R-13935 (LID No. 60712) 554 St. Joseph Street Lancaster, Lancaster County Case No. 12-9165 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to refuse renewal (4) AGG Services, Inc. Renewal – District 8 t/a Gage Restaurant and Bar R-4037 (LID No. 61975) 71 North Main Street, P. O. Box 2 Wilkes Barre, Luzerne County Case No. 12-9168 Motion Made: Board Member Marcus Seconded: Board Decision: Hold by Board Member Marcus for Conditional Licensing Agreement (5) The Mines, Inc. Renewal – District 8 R-5618 (LID No. 60630) 101-105 North Main Street, Lower Level P. O. Box 2 Wilkes Barre, Luzerne County Case No. 12-9170 Motion Made: Board Member Marcus Seconded: Board Decision: Hold by Board Member Marcus for Conditional Licensing Agreement (6) Papi Claudio’s, Inc. Renewal – District 10 R-87 (LID No. 59510) 1020 East Hunting Park Avenue, Store No. 2 Philadelphia, Philadelphia County Case No. 12-9182 4 Note: Board Minutes are not officially approved until all required signatures are affixed. Motion Made: Board Member Marcus Seconded: Board Decision: Hold by Board Member Marcus for Conditional Licensing Agreement (7) York Eagle, Inc. Renewal – District 2 t/a The Eagles Nest R-15104 (LID No. 55458) 2519 Mt. Rose Avenue Springettsbury Township York, York County Case No. 12-9189 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to approve renewal with existing Conditional Licensing Agreement From the Bureau of Human Resources ......................................................................... Director of Administration Chris O’Neal, Director, Bureau of Human Resources (1) Raj Badeau – Removal Action (2) Shanefia Barrett – Removal Action (3) Dale Hersh – Removal Action (4) Merle Miller – Removal Action (5) Latonah Wyche – Removal Action Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously approved (2-0 vote) all Personnel Actions. From the Bureau of Purchasing and Contracting ............................ August Hehemann, Chief Financial Officer Elaine DiRienzo, Director, Bureau of Purchasing & Contracting (1) Court Reporting Services – DGS Statewide Contract – VENDOR: Sargents Court Reporting – TERM – One (1) year – Stenographic court reporting services at licensing hearings at various locations across the Commonwealth – $115,000.00 estimated cost. 5 Note: Board Minutes are not officially approved until all required signatures are affixed. (2) Court Reporting Services – DGS Statewide Contract – VENDOR: Sargents Court Reporting – TERM: One (1) year – Stenographic Court reporting services for each hearing scheduled by the Office of Administrative Law Judge – $90,000.00 estimated cost. (3) Security Guard Services – DGS Statewide Contract – VENDOR: St. Moritz Security Services, Inc. – TERM: Ten (10) months – Provide a uniformed, unarmed security guard at Store # 5119, Philadelphia – $24,800.00 estimated cost. (4) Email Service – DGS Statewide Contract – VENDOR: Dell Marketing – TERM: Two (2) years – Send 8 million marketing emails to customers using Lstrack software - $29,920.91. (5) Snow Removal Services – PO 63009669 Amendment – VENDOR: Farhat Excavating – Provides snow removal services in nine (9) NWOB parking lots. Funding adjustment is needed due to the amount of snow already received this year. - $10,000.00 estimated cost. (6) Labor Services for Philadelphia Flower Show – Sole Source – VENDOR: General Exposition Services – TERM: Ten (10) days – Install and dismantle PLCB store, storage and tasting area – $14,825.00 Estimated cost. (7) Catering Services for Philadelphia Flower Show – Sole Source – VENDOR: Aramark SFS – TERM: Ten (10) days – Provide bartender, wait staff and catering services – $30,081.16 Estimated cost. (8) Steel Shelving – DGS Statewide Contract – VENDOR: Kent Steel – Steel shelving for Store # 9101, Philadelphia – $32,749.50. (9) Steel Shelving – DGS Statewide Contract – VENDOR: Kent Steel – Steel shelving for Store # 0607, Hamburg – $27,096.40. (10) HP Business Availability Center Softer – DGS Statewide Contract – VENDOR: Dell Marketing – TERM: One (1) year – Provides the ability to monitor the performance and availability of the ERP applications – $27,564.00. (11) Server Maintenance – DGS Statewide Contract – VENDOR: IBM Corporation – TERM: One (1) year – These servers support the infrastructure at the NWOB – $48,532.28. (12) Oracle Software License Expansion – DGS Statewide Contract – DLT Solutions – Provides for Oracle expansion and maintenance for ERP applications – $1,502,333.41. (13) Steel Shelving – DGS Statewide Contract