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March 18 2014 Regular Minutes NewHanover C Board Meeting Minutes March 18, 2014 I. Call to order Chairman Cedric Dickerson called to order the regular meeting of the New Hanover County Alcoholic Beverage Control Board at : can on March 18,2014 at the General Office; 523 S. 1 7th Street, Wilmington, NC. IL 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 Augustus C. Everett, Jr., Member David Matthews, Member Others in attendance were: Dan Sykes, Chief Executive Officer Gary Cain, Acting Assistant Chief Executive Officer Carol Martin, Board Secretary Wanda Copley, Legal Counsel Avril Finder, Ex-Officio Member Colonel Arch Jones, NI-IC Sheriffs Department Sarah Murphy, WWAY News rs Reporter Jonathan Spiers,Port City Daily News Reporter Charles Hill, Acting Retail &LBD Operations Manager Roy Stokley, Assistant Store Manager, Store 106 State Representative Susi H. Hamilton Taylor B. Simms, LS3P Associates,LTD Senior Associate&Project Manager Charles Blanton, Carolina Place/Ardmore Neighborhood Association President Wilmington Police Officer Brandon Reece III. onfli t o Inter s Reminder r Mr. Dickerson verbally confirmed that the Board members had read the following ethics reminder: "In accordance with General Statute 18B-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 coming before the Board today If so,please identify the conflict or appearance of conflict and of ain fror any undue participa for in the particular matter involved. " Let it be recorded that no conflicts were identified by any Board member regarding this Board meeting. v. A royal o rn n s Ro n last meetin Mr. Dickerson presented the minutes from the last Regular Meeting of February 18,2014. Mr. Martenis made the motion to approve the minutes as written, Mr. Everett seconded, all approved. 1IPage Administrative Report 2d. in the written agenda titled Legislative. or-ma ion–Rep. Hami on was presented next—not in the same sequence as the printed agenda: Ms. Hamilton presented the Board with her General Assembly of North Carolina Session 2013 Bill Draft 2013-ML-188B [v.9] ( entitled "AN ACT TO AUTHORIZE THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ISSUE CERTAIN PERMITS TO PUBS". Ms. Hamilton presented the Board with her proposed changes to G.S. §18-B-1000. Her intent is to apprise the local Board before her proposed legislation is presented in Raleigh. Ms. Hamilton adds `pubs those organized and operated as for-profit and with fewer than 150 persons" to the product club law definitions list concerning establishments. Ms. Hamilton stated that the bill will be presented when the short session begins on May 14th, 2014 and that it has to be a state-wide bill. V. Approval of proposed agenda No changes were made to the prepared agenda as written,except to move Ms.Hamilton's scheduled presentation up. Mr. Martenis made the motion to accept the proposed meeting agenda, Mr. Everett seconded, and all approved. VI. service Awards & Other Recogniti9m Mr. Sykes introduced Mr. Roy "Pat" Stokley to the Board. Mr. Stokley ley has served the Board for nearly twelve years. Mr. Sykes noted that Mr. Stokley y is a very valuable member of the Board's store management team, and presented him with a framed ten-year service certificate. Mr. Sykes apprised the Board that Mr. Matthew's second term of service is due to expire on June 30th, 2014. Mr. Matthew's did not elect to renew his service. Ms. Martin will advise Ms. Sheila Schutt, Clerk to the Board of New Hanover County Commissioners so that proper notifications can be made for a new appointment. VII, Administrative Reports a) ABC Law Enforcement Officer's Unit Monthly (ALE) Report for February was presented by Col. Jones. Officers performed the following activities for the month of February, 2014: *509 Store Visits *278 Bank Deposits Changed Deposits *6 Video Investigations Charges 29 Arrests *9 Searches ~Cited 2 "Unauthorized Possession" ABC Law Violations *Cited 1 "Other Alcohol" ABC Law Violations Cited 1 "Manufacture/Sell/Deliver, Trafficking" Controlled-Substance Violation =Cited 3 "Possession" Controlled-Substance Violations `Cited 2 "Paraphernalia" Controlled-Substance Violations = Cited 11. 'Traffic" Other Offenses *Cited 3 "Criminal" Other Offenses Assisted 9 ABC Law Agencies Mage `Assisted 8 Controlled Substance Agencies *Assisted 2 Other Agencies 'Performed 60 Business Inspections Noted 2 Miscellaneous Violations Submitted 'Performed 45 Business Compliance Checks *Completed 30 Training Hours b) Mr. Sykes presented the Board with Financial Statements for February, 2014. Mr. Sykes reported that for the month, the Actual-0-Budget comparison showed Gross Sales were better than projected by $227k(9.95%); and Income from Operations was better than budget by $123k (46.86%). For the year, Income from Operations exceeded budget by $473k (15.35%), and Change in Net Position before Distributions exceeded budget by almost $616k ((43.60%). The "Restricted Net Position Analysis" details the New ABC Complex's contractually committed dollars set aside in the approved $4.5m Restricted Net Position, the amounts paid to date, and the balance due on each contract as of the Net Position date. The rounded balance of Restricted Net Position at February 28, 2014 was $3.4m. c) The Board was apprised of two (2) updates: 1) Mr. Cain made a brief summary of the New ABC Complex progress for the past 30 days (as of 03/06/14): Bordeaux Construction reports that the project is 38% complete • Previous piping issues have been addressed and a new drainage design has been implemented • Regarding property perimeter fencing, Mr. Cain reports that our neighbor has agreed to let us tie into their fence at the rear of the warehouse. Mr. Kemp Burpeau,Deputy County Attorney will look into the need for a maintenance agreement regarding the shared fence section • Owner Supplied Items remain on schedule: • Toilet Accessories Coastal Chemical has been in contact with LS3P regarding these, and suggests use of non-recessed wall mounted accessories for soap, paper towels, and toilet paper ▪ Low Voltage Cabling and Security, Surveillance—Mr. Cain has made contact with four (4) companies that are interested in bidding on low voltage cabling. An RFP(Request for Proposals) will be advertised by March 31, 2014 • Office Furniture—Mr. Cain has been in contact with three furniture supply companies, and an RFP will be advertised by May 31, 2014 • Shelving and Carton Flow Racking—Mr. Cain stated that several contacts have been made in this area, and an RFP will be advertised by August 11, 2014. Mr. Sykes suggested that the advertising date for this RFP be moved up considerably, to allow for time and completion. Mr. Cain made available a lobby photo slide show demonstrating the current construction progress. 2) Regarding the Board's Employee Classification and Compensation Study, the Evergreen, LLC final report to Mr. Sykes is expected by 5:00pm Wednesday, March 19, 2014. 31Page VIII. New Business a) Mr. Sykes recapitulated the February,2014 Board meeting discussion regarding the General Statutes that govern the distribution of profits for Alcohol Law Enforcement and the provision that authorizes local ABC Boards to contract for local law enforcement. At the February meeting the Board generally agreed to delay decisions on the three law enforcement contracts in effect until the March Board meeting. Mr. Sykes stated that the Board contracts with the Sheriff's Department to provide four local ABC officers (and an extra officer as needed during absence of an assigned officer),plus their supervisor, Col. Jones. The FY2013-14 amount for this first contract was $300k. For FY2014-15, the request from the Sheriffs Department is for two percent more, or$306k plus up to $25k for a replacement vehicle used exclusively for ABC Board business. Mr. Sykes stated that the Board contracts with the Wilmington Police Department for two Police officers designated as Local ABC Officers. The Inter local Agreement was made and entered into May 25, 2011, automatically renews annually, and the annual cost of the contract to the Board is $1. Mr. Sykes stated that the Board currently provides $180k to the NHC Sheriffs Department for three deputies. These three ABC Board funded deputi Administrative Manager; Purchasing &Logistics Operations Manager, and Retail Operations Manager. Mr. Martenis made the motion to approve the Board's review of the current Plan with no specific changes. Mr. Everett seconded the motion, and all approved. d) Mr. Sykes apprised the Board of the need of repair or replacement of the exterior`ABC" sign over the 17th Street retail store. The current lights are inoperable. LS3P Associates,LTD is currently assisting staff regarding design for a new sign with `ABC Spirits" to be used after the buildi