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HomeMy WebLinkAboutABC MINUTES of April 16 2013 New Hanover County ABC Board Meeting Minutes April 16, 2013 1. Call to order Vice Chairman Robert Martenis called to order the regular meeting of the New Hanover County Alcoholic Beverage Control Board at 8:30am on April 16, 2013 in the General Office at 523 S. 17t" Street, Wilmington,NC. Mr. Dickerson arrived just after the meeting was called to order. I1. Roll call Ms. 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: Daniel Sykes, Chief Executive Officer Carol Martin, Board Secretary Gary Cain, ABC Retail and LBD Operations Manager Wanda Copley, Legal Counsel April Pinder,Ex-Officio Member Allen Robbins,Assistant LBD Manager Colonel Arch Jones,NHC Sheriff s Department Ashley Withers, Star News Reporter III. Call meeting to order Mr. Dickerson verbally confirmed that the Board members had read the following ethics reminder: ".In accordance with General Statute I8B-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 refrain from 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. 1 IV. Approval of minutes from last meeting Ms. Martin presented the minutes from the last Regular Meeting of March 19, 2013. Mr. Everett made the motion to approve the minutes as written, Mr. Wolfe seconded, all approved. Ms. Martin presented the minutes from the Closed Session Meeting of March 19, 2013. Mr. Matthews made the motion to approve the minutes as written, Mr. Wolfe seconded, all approved. V. Approval of proposed agenda Motion to adopt the prepared agenda as written, with one addition, to discuss a recent meeting between New Hanover County District Attorney Ben David, Mr. Wolfe and Col. Jones, was made by Mr. Martens, seconded by Mr. Everett, all approved. VI. New business a) ABC Law Enforcement Officer's Unit Monthly (ALE) Report for March was presented by Col. Jones. Officers performed the following activities for the month of March, 2013: *606 Store Visits *314 Bank Deposits * I I Change Deposits * 3 Video Investigations *Cited 1 "Sell to Underage"ABC Law Violations *Cited 7 "Underage Possession"ABC Law Violations *Cited 25 "Other Alcohol"ABC Law Violations *Cited 3 Traffic "Other Offenses" *Cited 3 Criminal "Other Offenses" *Assisted 4 ABC Law Agencies *Assisted 3 Controlled Substance Agencies *Performed 23 Bar Inspections *Performed 18 Business Compliance Checks b) Slated as the meeting agenda addition, Mr. Wolfe and Col. Jones apprised the Board that they met with DA David on April 15, 2013 to discuss the issue of fake identification card usage. The point was made that those who use a fake identification card can have their actual driver license revoked. They stated that educating bartenders and bouncers is critical, and that it is the bars' responsibility to carefully check the identifications and to confiscate those determined to be fake, as they would be held ultimately responsible for serving those under-aged. One result of this joint meeting was to determine that a county video spot will be produced that covers the ramifications of attempting to use fake id's and lending valid identification to a minor. The video is expected to be shown on county television and to be incorporated into area college orientation programs, and will involve both the New Hanover County Sheriff and the City of Wilmington Chief of Police. c) [This presentation was not given in the same sequence as the printed agenda.] Mr. Sykes apprised the Board that the Local Alcohol Law Enforcement& Related Contracts are due to renew for the next fiscal year. Mr. Wolfe made the motion to renew the NHC Sheriff s Department contract for Local Alcohol Law Enforcement in the amount of$300k,plus up to $25k for a replacement ABC vehicle; the NHC Sheriff's Department contract for 2 Downtown Wilmington Joint Taskforce in the amount of$180k; and the Wilmington Police Department contract for two ABC Officers in the amount of$1. Mr. Martenis seconded the motion and all approved. Mr. Sykes stated that he would research N.C. General Statutes and local acts to determine the maximum profit percentage an ABC Board can distribute for local law enforcement. d) Mr. Sykes presented the Board with Financial Statements for March 2013. The Balance sheet compared 03/31/2013 with 03/31/2012 figures and the Income Statement compared Actual March, 2013 to Budgeted March, 2013 figures. Mr. Sykes noted that for March Cash-in-Bank was up over$61k from the previous year,that Property & Equipment was up because of the land purchase for the new Building Complex-6009 Market Street, that Income from Operations exceeded budget by $41.7k(10.43%), and that Change in Net Assets Before Profit Distributions was up about$49k. Mr. Sykes further noted that Income from Operations exceeded budget by$481k (14.54%), year to date. e) Mr. Sykes presented the Board with his Financial Projections thru Year-End(as of 4/10/20__13) for discussion purposes. Mr. Sykes projects that"Gross Profits 'will be better than budgeted by over$400k by June 3 0. f) Mr. Sykes stated that his only update for this Board meeting is that the NC Association of ABC Boards' Summer Conference will be held in Greensboro,NC July 28-July 31, 2013. Mr. Wolfe said that as a board member of the NC Association of ABC Boards, he continues to be encouraged that the 2015 NC Association of ABC Boards' Summer Conference may be held in Wilmington. He said this could bring substantial revenues to the local area if chosen the host city to around six hundred attendees. g) Mr. Sykes apprised the Board that in accordance with the discussion at the March Board meeting, several insurance brokers/agencies were contacted regarding the Board's group health and dental insurance which renews June 1St. Mr. Sykes presented a graph to depict a history of the Board's premiums for Health and Dental insurance. He recommended that the Board renew its' current coverages via Layman Group and to "stay the course" until we can find out more about the National/State level health care reform changes. Mr. Martens made the motion to authorize CEO to initiate renewal paperwork to remain with First Carolina Care for group health insurance and Delta Dental for group dental insurance. Mr. Wolfe seconded the motion and all approved. h) Agenda item 3.b, "Employee Pay &Benefits" was tabled until a future meeting following a brief discussion of possibly"piggy backing" with the County if their Board approves this contracted study for its next fiscal year. Mr. Martens made the motion that our Board would authorize a third-party unbiased pay and benefits study, and that it should be budgeted for FY2013-14. Mr. Matthews seconded the motion and all approved. i) Mr. Cain introduced Mr. Robbins to the Board, and thanked him for his continued service. j) Mr. Sykes presented the Board with the"First Pass" of the Proposed Fiscal Year 2013- 2014 Budget Worksheet with written narrative to explain how the numbers were arrived at in his budget calculations. Mr. Wolfe suggested that the value our Board enjoys for 3 the$12,000 per year currently spent for law retainer with the County is inequitable. Mr. Wolfe suggested that twice that amount is more inline, and the Board agreed. Mr. Sykes indicated that he would adjust his budgeted figure for legal expense to $24,000 to reflect this decision. No motion was made, as adopting the final budget will incorporate any changes made up until adoption. Mr. Wolfe also asked that our Board provide our distribution beneficiaries estimates for both fourth quarter FY2012-13 and for all of FY2013-14 for their own budgeting needs. The Board decided to hold the "Public Hearing"for the Budget at the May 21, 2013 regular Board meeting. k) Mr. Sykes briefed the Board on Building Comiplex-6009 Market Street updates since the last meeting: 1.) There were two meetings (March 26'11 and April 9th) with LS3P Associates, LLC's Mr. Boney to define the office/administrative, LBD and warehouse areas. Mr. T.J. Land attended both meetings on our behalf, and Board members Mr. Martenis and Mr. Matthews attended each as well. 2.) Board employees Mr. Cain and Mr. Chris Harrison flew to Florida on March 26t1' to meet with a representative from TriFactor Distribution Solutions. They brought back information and photos to assist LS3P in layout and shelving design for LBD in the new complex. 3.) Trifactor provided LS3P a proposal to act as "Picking Line and Shelving Systems Consultant". 4.) McKim&Creed provided LS3P a proposal to provide "Professional Consulting Landscape Architecture, Civil Engineering and Permitting Services". Mr. Sykes indicated that the contract with LS3P would need to be amended to include these services. He further noted that the requirement for the Civil Engineer was recognized in the original contract, and that the services of the Picking Line and Shelving Consultant would be an addition to the original contract. Mr. Martenis made the motion to authorize the Chair and/or Vice Chair to execute the necessary documents to add dollar amount for Civil Engineering and Landscape Architecture services in the amount not to exceed $50,322 and to add provision of Picking Line and Shelving System Consultant services in the amount not to exceed $8,625 to the LS3P contract. Mr. Wolfe seconded the motion and all approved. VII. Closed Session The Board entered into Closed Session to discuss potential real estate acquisition in accordance with NC GS 143-318.11(a)(5). Mr. Martenis made the motion to enter into Closed Session, Mr. Everett seconded, all approved. After several minutes in Closed Session, Open. Session began again. Mr. Wolfe made the motion to restart the Open Session; Mr. Martenis seconded, all approved. 4 V111. Return to Open Session It was stated that the Closed Session resulted in no action. IX. Adjournment Mr. Martenis made the motion to adjourn the meeting; Mr. Wolfe seconded, and all approved. Minutes submitted by: A-41- : Carol E. Martin, Secretary 7 Minutes approved byZw� Date:. Cedric Dickerson, Chair 5 R