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February 17 2015 Board Meeting MinutesNew Hanover County ABC Board Meeting Minutes February 17, 2015 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 February 17, 2015 at the General Office, 6009 Market Street, Wilmington, NC. I1. 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 Others in attendance were: Dan Sykes, Chief Executive Officer Gary Cain, Retail and LBD Operations Manager Carol Martin, Board Secretary Wanda Copley, Legal Counsel Maj. M. J. Adams, NHC Sheriff s Department Taylor B. Simms, LS3P Associates, LTD Senior Associate & Project Manager Charles Boney, LS3P Associates, LTD Principal Charles Hill, ABC LBD Store Manager Absent with notice were: Avril Pinder, Ex- Officio Member Augustus C. Everett, Jr., Member Kevin Fernandes, expected Employee in Attendance III.Annroval of minutes from last meeting Mr. Dickerson presented the minutes from the last Regular Meeting (both the open and closed session minutes) of January 20, 2015 and the Special Meeting (both the open and closed session minutes) of February 3, 2015. Mr. Martenis made the motion to approve the minutes as written. Mr. Kopp 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 undueparticipation in theparticular matter involved. " 1IPage Let it be recorded that no conflicts were identified by any Board member regarding this Board meeting. V. A112roval of proposed agenda Mr. Martenis made the motion to accept the proposed meeting agenda as written, but with the omission of the Employee Recognition item. Mr, Kopp seconded the motion, and all approved. VI.Administrative Rellort s A. ABC Law Enforcement Officer's Unit Monthly (ALE) Report for January was presented by Maj. Adams. Officers performed the following activities for the month of January, 2015: *541 Store Visits *351 Bank Deposits * 10 Change Deposits * 16 Video Investigations *28 Charges * 15 Arrests *6 Searches (Consent or Probable Cause) *Cited 12 "Underage Possession" ABC Law Violations *Cited 5 "Unauthorized Possession" ABC Law Violations *Cited 10 "Other Alcohol" ABC Law Violations *Cited 5 "Possession" Controlled - Substance Violations *Cited 2 "Paraphernalia" Controlled - Substance Violations *Cited 1 "DWI & Implied" Other Offenses *Cited 32'Traffic" Other Offenses *Cited 19 "Criminal" Other Offenses *Cited 2 "Weapons /Assaults" Other Offenses *Noted 2 "Seller /Server" Alcohol Education *Assisted 26 ABC Law Agencies *Assisted 12 Controlled Substance Agencies *Assisted 4 Other Agencies *Performed 61 Business Inspections *Performed 7 3 Business Compliance Checks Major Adams stated that having his ABC officers work the new extended hours thus far in February (Thursday thru Saturday until midnight) has resulted in many more citations regarding underage drinking and sales to minors [wine, beer, and liquor]. B. Mr. Sykes presented the Board with Financial Statements for January, 2015. Mr. Sykes reported for January, the Actual -to- Budget comparison showed Gross Sales less than projected by $104k (3.78 %), Operating Expenses less than budget by $7.5k (2.01 %), and Income from Operations better than budget by $5.2k (1.66 %). Year to date, Gross Profits were more than projected by about $372k (6.76 %), and "Change in Net Position before Profit Distributions" had a positive variance of $697k (57.64 %). C. Mr. Sykes stated that he had no updates for this meeting. 21 Page VII. New Business A. Mr. Boney and Ms. Simms presented the Board with colored renditions of the most current 17" Street/Castle Street Renovation exterior elevations. Over safety concerns, this rendition replaces exterior glass with solid walls- -with the exception of entrance areas for both the Retail and LBD stores. Mr. Boney stated that his office met with the Board's Real Estate Committee on February 16, 2015, and that their intent is for the renovations to be completed by the December holidays. Mr. Martenis suggested that Mr. Boney could host a second neighborhood meeting in the middle of March, and Mr. Boney said that he would contact Mr. Bill Jayne to coordinate one. Mr. Boney stated that he hopes LS3P Associates, LTD and the Board's investment in this project will spark further growth in the area. B. Regarding the recent New Hanover Count! ABC Board Survey -2014, Mr. Sykes presented the Board with his "CEO's Plan for Initiating and Promoting Survey Recommendations ". The plan included specific details to each of the six (6) recommendations that resulted from the employee survey. These were to: 1) Provide training opportunities, 2) Implement monthly manager meetings, 3) Establish standard operating procedures to promote consistency, 4) Improve communications within the organization, 5) Promote organizational transparency, and 6) Conduct a Six Month Follow -up Survey at the Board's discretion. C. Mr. Sykes presented the Board with a proposed revision to the Cash Handling Policies & Procedures, originally approved by the Board 10106110. A Refund and Void Policx was a part of the revision. After Board discussion, Mr. Martenis made the motion to approve the whole revised policy (with one dollar amount change), Mr. Wolfe seconded the motion, and all approved. D. Mr. Sykes presented the Board with an initial draft of Protective Covenants -6009 Market Street. Following Board discussion, Ms. Copley suggested arranging a meeting to include the Deputy County Attorney, the County Planning Director, Mr. Dickerson, Mr. Wolfe, and the Board's Real Estate Selling Agent to assist in shaping the working document to reflect the Board's intent. No action was taken on this matter as it is still in the planning stage. E. Mr. Sykes recommended that the Board obtain an independent appraisal of the two parcels of property the Board has available for sale, pending the completion of the Protective Covenants /Maintenance Document. Mr. Wolfe stated that he would initiate attaining a current market analysis from the Board's Real Estate Selling Agent to assess what the competition is in the market place. Ms. Martin will provide each Board Member with the cost basis of each parcel of land, including the New ABC Complex's land and building. Mr. Martenis made the motion to authorize the Chair /Vice Chair to execute the necessary documents to hire an appraiser for the excess property at 6009 Market Street as soon as the protective covenants /maintenance document is substantially complete for an amount not to exceed $2,500. Mr. Kopp seconded the motion and all approved. III. Closed Session Mr. Martenis made the motion to go into Closed Session. Mr. Kopp seconded the motion and all approved, The purpose of the Closed Session meeting was to both discuss a personnel issue in accordance with NC GS 143- 318.11(a)(6), and to discuss a potential real estate acquisition in accordance with NC GS 143.318.11(a)(5). 31 Page Mr. Martenis made the motion to return to Open Session; Mr. Wolfe seconded the motion, and all approved. The Chairman stated that the Board acknowledged receipt of CEO Mr. Sykes' retirement announcement, effective July 1, 2015 and that June 30, 2015 would be his last work day. Mr. Dickerson also stated that the Board appreciated the tremendous job Mr. Sykes served, and for the opportunity for the organization to transition so positively. Mr. Dickerson stated that the Board had selected two Board Members to serve with the County Human Resources Department to seek Mr. Sykes' replacement. No action was made on the real estate matter. IV. Aditirirnment Mr. Wolfe made the motion to adjourn the meeting; Mr. Kopp seconded the motion, and all approved. Minutes submitted by: 311 ?11 Carol E. Martin, Secretary Minutes approved by; .< Cedric Dickerson, Chairman 41 Page