STATE COMMITTEE OF VENDORS
December 21, 2011 - 6PM
Tom Spiliotis, Committee Chairperson called the meeting to order and John Klindtworth, Vice Chairperson called the role.
- District 1 - Marcus Armstrong
- District 2 - Kurt Ponchak
- District 3 - Don Tuell
- District 4 - Bill Perret
- District 5 - Dennis Horn
- District 6 - Absent
- District 7 - Charles Hackney
- District 8 - Catherine Gyorke Alger
- District 9 - Joel Rose
- District 10 - Jesus Villeda
The following Bureau of Business Enterprise staff participated:
Bill Findley, Bureau Chief; Alan Risk, Compliance Officer; Maureen Fink, Operations Manager; Janet Chernoff, Administrative Services Consultant
Non-voting guests present:
David Kaplan, Alternate Representative for District 9
The purpose of the meeting was to discuss and approve the manual updates.
Alan Risk started the meeting by explaining that the forms and laws mentioned in the appendices will be available on the website.
In Section 1 there were no major changes except the addition of the security background check as a requirement for eligibility in the program (Reference 1.3).
Marcus Armstrong asked for clarification on the background check. It was explained that a level two check is required for all new applicants in the program. Some buildings may have a higher standard than the BBE requires. Operators that were already in the program were not required to have a background check for their current facility, but will have to have one if they apply for a new facility. A facility can ask for a background check at any time.
Section 2, Training Classes; update to indicate that starting with the February 6, 2012 class a score of 80% or above is required to pass each module (Reference 2.2).
Section 3, Selection Process; the manual is updated to show the new protocols (Reference 3.1).
Section 4, LOFA; there are no changes.
Section 5, Licensed Vendor Responsibilities; Additions included a Code of conduct expectation (Reference 5.0), CEU requirement (Reference 5.1), vending machine compliance (Reference 5.2), and the new reimbursement process (Reference 5.5).
Section 6, Grievance procedures; the definition for the number of days was changed. Alan will check with legal about business days versus calendar days. The consensus was to use business days for deadlines of 15 days or less, and calendar days for longer time periods (Reference 6.1, 6.2).
In Section 7, Termination of a LOFA; Additions include a license can be revoked if the operator fails the background check or has one or more LOFA cancellations (Reference 7.2).
Tom Spiliotis asked the committee for comments or areas of concern on these changes.
In regard to vending machine compliance most liked the wording. Tom explained that the manual will be a living document and will be subject change as circumstances arise.
Kurt Ponchak expressed concern about the rule in buildings where populations are declining and machines may be too big for the facility.
The committee discussed par levels and excess duplication. The vendor, consultant and administration should work in partnership. Lowering the par level or replacing a machine with a smaller unit may be solutions to a declining building population. At a later date a process concerning the consequences for each violation should be discussed and included in the manual. At this time violations should be listed on visitation reports by the consultants and appropriate action taken. Dennis Horn expressed concern that the rule would encourage vendors to leave machines 20% empty.
Bill Findley said the Agency wants a measure to address a vendor who is consistently falling short of expectations. It gives a basis to take action and the consultant a basis to talk to a vendor and give advice on how to make a facility more profitable.
Gyorke Alger suggested changing the wording on repaying debt to say repay working capital debt in full and questioned the wording in the LOFA commitment that says past five years and suggested the five years prior the announcement of opportunity.
Charles Hackney asked if delinquent payments could be made electronically. Bill Findley said that currently that option is not available.
Gyorke Alger moved to adopt the manual with the suggestions. Seconded by Bill Perret.
John Klindtworth asked for a vote to adopt the manual as sent to the committee and discussed. Approved unanimously by all available committee members.
Tom Spiliotis said that they will continue to look for alternatives for selection and grievance panels. Gyorke Alger indicated that they also need to appoint subcommittees.
Meeting adjourned by Chairman Tom Spiliotis at 6:55pm.