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November 18 2014 Board Meeting Minutes New Hanover County ABC Board Meeting Minutes November 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 8:30am on November 18,2014 at the General Office, 6009 Market Street, Wilmington, NC. 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 William A. Kopp, Jr., Member Augustus C. Everett, Jr., Member Others in attendance were Dan Sykes, Chief Executive Officer Gary Cain, Retail and LBD Operations Manager Carol Martin, Board Secretary Wanda Copley, Legal Counsel Det. Joe Jewell, NHC Sheriff's Department Maureen Loffredo, Assistant Retail Store Manager-Porters Neck Taylor B. Simms, LS3P Associates, LTD Senior Associate & Project Manager Charles Boney, LS3P Associates, LTD Principal Absent with Notice: Avril Pinder, Ex-Officio Member III.Approval of minutes from last meeting Mr. Dickerson presented the minutes from the last Regular Meeting of October 21,2014. Mr. Wolfe made the motion to approve the minutes as written. Mr. Martenis seconded, and all approved. IV. Conflict of Interest Reminder 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 refrainfrom 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. 1iPage V. Approval of proposed agenda Mr. Martenis made the motion to accept the proposed meeting agenda as written with one addition, Mr. Wolfe's inclusion of discussion regarding NC ABC Commission Chairman Jim Gardner's coalition on underage drinking. Mr. Kopp seconded, and all approved. VI.Employee Recognition & Service Awards Mr. Sykes introduced Ms. Loffredo to the Board. Ms. Loffredo has served the Board since November,2009, and is currently the Assistant Retail Store Manager at the Porters Neck Store. Mr. Dickerson and Mr. Sykes presented Ms. Loffredo with a five-year plaque and thanked her for her service. VII. Underage Drinking Initiative Mr. Wolfe apprised the Board that NC ABC Commission Chairman Jim Gardner has chosen Wilmington's UNCW to kick off his Initiative to Reduce Underage Drinking in close association with District Attorney Ben David. Mr. Wolfe iterated that this proactive initiative supports non- privatization; the benefit of a Controlled ABC Board, willing to invest in the alcohol education of its students. VIII. Administrative Reports A. ABC Law Enforcement Officer's Unit Monthly (ALE) Report for October was presented by Det. Jewell. Officers performed the following activities for the month of October, 2014: *600 Store Visits *315 Bank Deposits *24 Change Deposits *5 Video Investigations *16 Charges *10 Arrests *4 Searches (Consent or Probable Cause) *Cited 5 "Underage Possession" ABC Law Violations *Cited 7 "Unauthorized Possession" ABC Law Violations *Cited 6 "Other Alcohol" ABC Law Violations *Cited 6 "Man/Sell/Deliver, Trafficking" Controlled-Substance Violations *Cited 4 "Possession" Controlled-Substance Violations *Cited 4 "Paraphernalia" Controlled-Substance Violation *Cited 1 "DWI & Implied" Other Offenses *Cited 27 'Traffic" Other Offenses *Cited 8 "Criminal" Other Offenses *Cited 5 "Weapons/Assaults" Other Offenses *Reported 1 "Other Presentations" Alcohol Education *Assisted 54 ABC Law Agencies *Assisted 14 Controlled Substance Agencies *Assisted 6 Other Agencies *Performed 54 Business Inspections *Noted 30 Miscellaneous Violations Submitted *Performed 2 9 Business Compliance Checks *Completed 76 Training Hours 21 Page B. Mr. Sykes presented the Board with Financial Statements for October, 2014. Mr. Sykes reported for October, the Actual-to-Budget comparison showed Gross Sales greater than projected by $99.1k (3.24%), Operating Expenses less than budget by $8k (2.09%), and Income from Operations better than budget by $54.7k (14.32%). Year to date, Gross Profits were more than projected by about $272k (8.52%). 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 October 31, 2014 was $200k. C. Mr. Sykes apprised the Board that United Health Care (UHC) proposed a much lower premium for employee coverage, (with only minor changes in employee benefits) than the quote received from First Carolina Care. Mr. Dickerson reviewed the proposal, and although the amount paid by employees for dependents increased by an estimated annual amount of$10,560 the annual savings to the Board for employee coverage is almost$52,416 for the next calendar year. Mr. Sykes stated that the Board does have policies in place to reduce employee out-of-pocket amounts, such as Flex benefits and Healthcare Reimbursement Arrangement. IX.New Business A. Mr. Boney and Ms. Simms made a brief update presentation regarding the 17th Street/Castle Street Renovation Project. The November 6, 2014 neighborhood meeting they hosted had good discussion and the exterior rendition was well received. Following renovation budget discussion, Mr. Martenis suggested that the Real Estate Committee should carefully review the proposed costs first before the Board makes any decisions. Mr. Kopp stated that he would like to know what the staff feels regarding the renovations as well. The next Real Estate Committee meeting was planned for 3:00pin Wednesday, November 19, 2014 at LS3P, and Ms. Simms will confirm with Mr. T.J. Land that he will be in attendance. B. Mr. Sykes apprised the Board that Mr. Martenis recommended obtaining a current independent appraisal for the excess property at 6009 Market Street. Discussion included restrictive covenants and a road maintenance agreement, and the item was tabled until the December 16, 2014 meeting. III. Adjournment Mr. Martenis made the motion to adjourn the meeting; Mr. Wolfe seconded, and all approved. Minutes submitted by " Carol E. Martin, Secretary / (-0 Minutes approved by: / Cedric Dickerson, Chairman 3 f Page