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HomeMy WebLinkAboutABC Minutes July 16 2013 New Hanover County ABC Board Meeting Minutes July 16, 2013 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 July 16, 2013 in the General Office at 523 S. 17`h Street, Wilmington, NC. II. Roll Call Ms. Clark, Acting 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 Kathy Clark,Acting Board Secretary Gary Cain, Retail and LBD Operations Manager Kemp Burpeau, New Hanover County Deputy County Attorney Avril Pinder, Ex-Officio Member Scott Blake, ABC Store#109 Manager Colonel Arch Jones, NHC Sheriff's Department Charles Boney, LS3P Senior Associate &Project Manager Taylor B. Simms, LS3P Senior Associate &Project Manager Lisa Wurtzbacher, New Hanover County Finance Director III. Call meeting to order 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 corning 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. IV. Approval of minutes from last meeting Mr. Dickerson presented the minutes from the last Regular Meeting of June 18, 2013, Mr. Martenis made the motion to approve the minutes as written, Mr. Wolfe seconded, all approved. 1 V. _Approval of proposed agenda Motion to adopt the prepared agenda as written, with two additions: Mr. Sykes requested that a closed session be held and Mr. Martenis requested to add an.Item to discuss Mr. David's Officer of the Courts proposal, was made by Mr. Martenis, seconded by Mr. Everett, all approved. VI. Organizational Meeting Motion to have Vice Chair and Board Secretary to remain the same as they currently are: with Mr. Martenis as Vice Chair and Ms. Martin as Board Secretary, was made by Mr. Matthews, seconded by Mr. Everett, all approved. It was agreed that dates and times of future meetings are to remain the same (third Tuesday of each month at 8:30 AM in the ABC Board room). VII. Service Awards & Other Recognitions The Board recognized Mr. Blake with 15 years of dedicated service. The Board also recognized Ms. Clark and Ms. King for advancements in their education with the help of the Board's Employee Education Reimbursement program. Ms. Clark is due to receive her Associates Degree on August 2nd and became certified in Microsoft Excel last year. Ms. King recently received her Accounting Certificate and also became certified in Microsoft Excel. VIII. New business a) [This presentation was not given in the same sequence as the printed agenda.] Mr. Boney presented an update on the ABC Complex. He presented updated site and floor plans. The Building Committee and TJ Land (Construction Manager) wanted to have a more realistic budget. Mr. Boney went on to review the estimated cost of the proposed project at $5,674,679. He also informed the board that the pre-qualification of bidders had ended July 15, 2013 and that the Building Committee plans to meet next week to complete this process. Discussion by the Board was made at length regarding the proposed cost of this project. Motion was made by Mr. Martenis to approve the construction budget as stated in the total amount of$5,674,679, seconded by Mr. Everett, all approved. b) ABC Law Enforcement Officer's Unit Monthly (ALE) Report for June was presented by Col. Jones. Officers performed the following activities for the month of June, 2013: *640 Store Visits *314 Bank Deposits * 1 Consent Search * 3 Video Investigations *Cited 4 "Underage Possession" ABC Law Violations *Cited 1 "Unauthorized Possession" ABC Law Violation *Cited 16 "Other Alcohol" ABC Law Violations *Cited 1 "Traffic" Other Offense *Cited 2 "Criminal" Other Offenses *Performed 1 Other Presentation "Alcohol Education" 2 *Assisted 3 ABC Law Agencies *Assisted 4 Controlled Substance Agencies *Assisted 1 "Other" Agency *Performed 17 Business Inspections 'I`Performed 19 Business Compliance Checks *Completed 10 Training Hours Col. Jones informed the Board that the ABC Officers he had working for the July 4th holiday worked the boat ramps and made 22 arrests, among all of the other events of that day. c) Mr. Sykes presented the Board with Financial Statements for June 2013. He reported that the Actual-to-Budget comparison showed that Net Income before Distributions was a positive variance of$373K. Income from operations was up by $398K or 8.28% over Actual from the previous year. The Cost of goods sold amount was about 50% of Gross Sales. Gross Profits were up by $417K. d) Mr. Sykes updated the Board on the Employee Classification and Compensation Study. He informed the Board that Lena Butler, County Purchasing Manager, sent out requests for proposals on behalf of the County on or about June 21; the ABC Board's went out as an addendum shortly thereafter. The deadline for submission of proposals is July 18th, with the evaluation of proposals and selection process being the week of July 29th. The interviewing of finalists will take place the week of August 19th. Negotiations with the finalists will take place the week of August 26th, and award of the contract should take place the week of September 9th. The completion of the study should take place around February 28, 2014. e) Mr. Burpeau updated the Board of concerns with the draft contract that was considered by the Board at the June 16, 2013 meeting which was to fund the $106K for the full time prosecutor and full time victim/witness coordinator. He advised the Board that they had met with the D.A.'s Office and Administrative Officers of the Courts, trying to resolve the issues with the contract. The issues are the contingencies that the D.A.'s Office wants to keep on the contract, which would require the ABC Board to fund additional costs of an unknown amount. Ms. Wurtzbacher advised that the County was unable at this time to give the Board an exact amount that these contingencies might be. Mr. Wolfe made a motion not to fund the $106K for the full time prosecutor and full time victim/witness coordinator, seconded by Mr. Everett, all approved. f) Mr. Sykes stated that he was working on a ten year plan. Once the numbers for the ABC Complex are firmed up he should be able to project the amount the Board would need to borrow to finance the ABC Complex and other projects the Board may plan for the future. Ms. Pinder advised that the County would need to know by September, if the Board would like to borrow the money from the County. g) Mr. Sykes proposed to the Board a Change/Deletion to the current Personnel Policy Life Insurance policy. He advised that prior to August 2010, the Board provided life insurance for full-time employees and coverage was based on job/position. In August 2010 the Board 3 voted to pay for the "death benefit" through the Local Government Employees Retirement System (LGERS). LGERS required a one-year participation minimum before the death benefit was in effect. He informed the Board that because of this transition period of one- year, a separate life insurance policy was retained but is no longer needed. Motion was made by Mr. Martenis to terminate the Board's policy to provide interim life insurance until the LGERS death policy becomes available effective immediately; and to delete paragraph 4, Article VIII of the Employee Personnel Manual. Motion was seconded by Mr. Mathews, all approved. h) Mr. Sykes stated that an "Immediate Response Agreement" was initiated on June 21, 2007 between the Board and First Restoration Services. The terms state that it automatically renews each year unless the canceling party provides written notice. Mr. Sykes also stated that he had requested an updated agreement and an updated rate schedule for review by legal and for discussion purposes. He received an updated agreement and at this time had not received a published rate schedule. Discussion by the Board was that the service was no longer needed. Motion was made by Mr. Martenis to execute the appropriate documents to cancel the agreement effective immediately; seconded by Mr. Wolfe, all approved. i) Mr. Sykes provided a Proposed Recurring Board Meeting Activities document for the upcoming 12 months. There was discussion that the flood insurance was scheduled to be reviewed in August. Discussion was that the possibility of not having flood insurance on store#104 at Wrightsville Beach because the store was not"in the sand". Mr. Sykes advised that the Board had an agreement with the County for Risk Management Services (Ms. Allen) to review all commercial insurance before renewing of the policies. j) Discussion by the Board was made to cancel the meeting scheduled for August, 2013, unless need arises; if so a special meeting will be called. The next regular meeting will be held on September 17, 2013 at 8:30a.m. k) Mr. Sykes requested that the Board go into Closed Session. Motion was made by Mr. Martenis to go into Closed Session pursuant to GS 143-318.11(a)(6), seconded by Mr. Everett, all approved. 1) The Board returned from Closed Session. Mr. Martenis made motion to authorize a one- time employee bonus disbursement not to exceed $35,000 gross pay plus payroll taxes and related retirement benefits to recognize employee efficiency and productivity for the year ended June 30, 2013, seconded by Mr. Mathews, all approved. IX. Adjournment Mr. Martenis made the motion to adjourn the meeting; Mr. Everett seconded, all approved. Minutes submitted by. C' Kathy C. ark, Secretary Minutes approved by: A --� Date: Cedric Dickerson, Chair 4