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March 17 2015 Board Meeting MinutesNew Hanover County ABC Board Meeting Minutes March 17. 2015 I. Calltoorder Chairman Cedric Dickerson called to order the regular meeting of the New Hanover County Alcoholic Beverage Control Board at 8:30am on March 17, 2015 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 eo sent: Cedric Dickerson. Chairman Thomas Wolfe, Member Augustus C. Everett, Jr., Member William A. Kopp, Jr., Member Others in atlenclance were: Dan Sykes, Chief Executive Officer Gary Cain, Retail and LBD Operations Manager Carol Martin, Board Secretary Wanda Copley, Legal Counsel Avril Pinder, E,Ofllcio Member Der, Joe Jewell, NHC Sheriffs Department Lt. George Perkins, Wilmington Police Department Sgt. Alanna Williams, Wilmington Police Department Bill Jayne, Carolina Placc /Ardmore Neighborhood Association Representative Seth Wilcher, President Carolina Place /Ardmore Neighborhood Association Chris I larrison, ABC LBD Store 107 Manager Absent with notice were: Robert W. Marlenk. Vice Chairman IILAonroval of minutes from last meeting Mr. Dickerson presented the minutes from the last Regular Meeting (both the open and closed session minutes) of February 17, 2015. Mr. Wolfe made the motion to approve the minutes as written. Mr. Everett seconded the motion, and all approved. IV. Conflict of Interest Reminder Mr. Dickerson verbally confirmed that the Board members had read the following ethics reminder: "Inaccordonce with Cencral Statute I88-201, it is the duty of every Board member to avoid both conflicts of interest and appearances of conflicts. Does any member have arty known can /lief of interest ar appearance of conflict with respect to airy matters coming befare the Boardtoday? If so, please identify the conflict orappearance ofconflict and ref,ainfroer any srnduepar ricipation in theparticular matter involved. " 11 Page Let it be recorded that no conflicts were identified by any Board member regarding this Board meeting. V. AApnrovr l of nronosed agenda Mr. Wolfe requested that another agenda item, discussion of "Talk It One NC' (a statewide multi- media campaign designed to create awareness among parents and students about the dangers of underage drinking) school posters be added. He also iterated the need to go into closed session at the end of the regular meeting. Mr. Kopp asked that meeting attendees keep Mr. Martenis and his family in their thoughts as they travel to a family funeral. Mr. Wolfe made the motion to accept the proposed meeting agenda as written, with the additions. Mr. Kopp seconded the motion, and all approved. VLEmployee Recognition Mr. Sykes introduced Mr. Harrison to the Board. Mr. Sykes stated that Mr. Harrison has been with the Board since March of 2000, an LBD Store Manager since 2008, and consistently receives "Exceeds Expectations" performance review ratings. VII. Administrative Reports ABC Law Enforcement O f f i c c r s' Unit Monthly (ALE) Report for February was presented by Det. Jewell. Officers performed the following activities for the month of February, 2015: *574 Store Visits •290 Bank Deposits * 12 Change Deposits *8 Video Investigations *139 Charges *76 Arrests * 16 Searches (Consent or Probable Cause) *Cited 2 "Sell to Underage" ABC Law Violations *Cited 63 "Underage Possession" ABC Law Violations 'Cited 6 "Unauthorized Possession" ABC Law Violations *Cited 37 "Other Alcohol" ABC Law Violations *Cited 6 "Possession" Controlled- Substance Violations *Cited 4 "Paraphernalia" Controlled- Substance Violations *Cited 22'Traflic" Other Offenses *Cited 38 "Criminal" Other Offenses *Assisted 28 ABC Law Agencies *Assisted I Controlled Substance Agencies *Performed 61 Business Inspections *Reported 4 Violations Submitted *Performed 66 Business Compliance Checks *Connpleted 33 Training Hours Det. Jewell noted that the Board's ABC officers' February ABC Law Enforcement statistics represented almost 40" o of all of the ABC law enforcement statistics reported to the NC ABC Commission for February. Mr. Jewell said that New Hanover County District Attorney Ben David's new policy governing the entry of deferred prosecution agreements in underage drinking cases is to he commended. The goal of this program is to present a teachable moment for young offenders while ©� simultaneously avoiding a permanent criminal history. Mr. Wolfe introduced Lt. Perkins and Sgt. Williams to the Board. Mr. Perkins thanked the Board for its continued support, and noted that violent crime downtown has decreased by 63% since the inception of the Downtown Task Force. B. Mr. Sykes presented the Board with Financial Statements for February, 2015. Mr. Sykes reported for February, the Actual -to -Bud get comparison showed Gross Sales better than projected by $861, (3.36 %), Operating Expenses less than budget by $2.21, (.62 %), and Income from Operations better than budget by $1141, (39.19 %). Year to date, Gross Profits were more than projected by about S484k (7.88 1/.), and "Change in Net Position before Profit Distributions' had a positive variance of $809k (60.89 %). C. Mr. Sykes presented the Board with two (2) updates: 1. He will be updating the Board's Travel Policy once the County updates theirs, which is expected to be soon. 2. Carolina Data has recommended that the Board proceed with cashing out its $300.00 trade in l'or the retired server, as the operating system is no longer compatible with the updated software. VIII. New Business A. Mr. Sykes reminded the Board that LS3P Associates, LTD is hosting another neighborhood meeting at 5:30pm tonight at the I7 "ICastle Street oil-ice to answer any questions about the location's renovations. Mr. Sykes apprised the Board that the project is in the General Contractor Pre- Qnalifteation phase, and that LS3P's Ms. Taylor Simms expects to have the approved list of pre- qualified contractors for the April 21, 2015 Board Meeting. As publiu;atly advertised, the construction timeline is to "begin approximately mid -May, 2015 and to be completed by the end of 2015 ". B. Mr. Sykes presented the Board with the need to amend the current contract with LS3P Associates, LTD for the 17°VCastic Street Renovation to reflect the increase in the Architect/Engir —ring Fee from $163,090 to $212,069. This is in accordance with the Whole Cost Preliminary Estimate, revised on January 19, 2015. Mr. Kopp made the motion to approve amending the contract to reflect the increase. Mr. Wolfe seconded the motion, and all approved. C. Mr. Sykes presented the Board with the need to review the three (3) current Alcohol Law Enforcement Contracts. These are: 1) Sheriffs Department Contract for four (4) Local ABC Officers plus their supervisor 2) Wilmington Police Department Interlocal Agreement to have two police officers designated as Local ABC Officers 3) Wilmington Downtown Task Force Mr. Sykes cited the NC General Statutes that authorize local ABC Boards to have in -house alcohol law enforcement, and that govern the distribution of revenue. He also provided the Board with graphs that depict both the "Annual Law Enforcement Distributions by NC ABC Boards with comparable sales" and "Law Enforcement Distributions as a percentage of Income Before Distributions ", Following Board discussion, for FY2015 -16 Mr. Wolfe made the motion to renew the SheriB's Department Contract, in the amountof $340,200 *, and the Wilmington Police Department Interlocal Agreement in the amount of $I. Mr. Kopp seconded the motion, and all approved. Mr. Wolfe then made the motion to renew the one -time $180,000 contract to fund the Downtown'fask Force. Mr. Everett seconded the motion, and all approved. ( *This amount includes up to $251, for a replacement ABC officer vehicle). D. Mr. Sykes apprised the Board that an emergency situation required the purchase of a Five Ton HVAC Compressor Ibr Store # 106 at College Road. Newcomb and Company, the Board's contracted H VAC; company performed the service. Mr. Wolfe made the motion to approve the replacement purchase after the fact, for an amount not to exceed $5,000. Mr. Everett seconded the motion, and all approved. Mr. Dickerson stated that a second HVAC unit went out 17' Street/Castle Street Store #101, and that he polled the Board Members via email to approve the repair in lieu ofreplacement because of the forthcoming renovations. Mr. Dickerson asked the Board to authorize the Board Chairman and CEO to act on the Board's behalf in emergency situations for a maximum dollar amount. 'the Board generally agreed on a $10k dollar amount. Ms. Copley suggested that her office would draft a resolution to this effect. No motions were made; item was tabled until the next Board meeting. E. Mr. Sykes presented the Board with two (2) policy modifications to consider. At the March 5, 2015 Managers' meeting, employees expressed that both the Peusonal Appearance Policy and the Use of Tobacco Products Policy sections of Article IV-- Conditions of Employment should he revised. Mr. Sykes also proposed revisions to the Board's Laws Rules and Customer Service Policy. Mr. Kopp made the motion to approve the policy modifications as recommended. Mr. Wolfe seconded the motion and all approved. F. Mr. Sykes asked the Board to continue the County Legal Office's Risk Management contract for the upcoming budget year. The fee is 3% of total Board insurance premiums, and is expected to be less than $3,500 for the next fiscal year. Mr. Wolfe made the motion to authorize the contract renewal, Mr. Kopp seconded, and all approved. G. Mr. Wolfe stated that he had spoken to members of the New Hanover County School Board, and that they would be interested in displaying "Talk It Ont NC" porters on school campuses. He said that the North Carolina Department of Public Safety, Correction Enterprises will be printing the posters, and suggested that the Board would be interested in this effort on behalf of the county students. No action was made. III. Closed Session Mr. Kopp made the motion to go into Closcd Session. Mr. Everett 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 -318.1 l(a)(6), and to discuss a potential real estate acquisition in accordance with NC GS 143.3 19.11 (a)(5). Mr. Wolfe made the motion to return to Open Session; Mr. Everett seconded the motion, and all approved. The Chairman stated no action was made in the Closed Session. IV. Adiournment Mr. Wolfe made the motion to adjourn the meeting; Mr. Everett seconded the motion, and all approved. 4 1 P a g c Minutes submitted by:. 0i" 'Jl ] ,vi-.- Carol E. E. MartinSSccretary Minutes approved by: Cedric Dickerson. Chairman 51 Page