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HomeMy WebLinkAboutApril 15 2014 Regular Minutes NewHanover CountyABC Board Meeting I April 1 , 21 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 April 15,2014 at the New v Hanover County Government Center Finance Suite #500, 230 Government Center Drive, Wilmington, NC. IL 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 Augustus C. Everett, Jr., Member Others in attendance were: Dan Sykes, Chief Executive Officer Gary Cain, Acting Assistant Chief Executive Officer Carol Martin, Board Secretary Wanda Copley, Legal Counsel Avril Pinder, Ex-Officio Member Colonel Arch Jones, NHC Sheriffs Department Janae Frazier, WELT Multi-Media Journalist Jonathan Spiers, Port City Daily News Reporter Charles Hill, Acting Retail & LBD Operations Manager Kathy Clark, Deputy Finance Officer Ed McMahon,New Hanover County Sheriff Ralph Evangel us, City of Wilmington Police Chief Absent with notice: David Matthews, Member ber III. 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, i is the duty of every Board member to avoid both conflicts of interest and appearances of conflicts. Does any member have any known conflict c of f interest or appearance of conflict with respect to any matters coming Board the oa l toda fso,please i len iy the conflict or appearance of conflict and fain; om any undue p a icip atio n in he particular matter involved. " Let it be recorded that no conflicts were identified by any Board member regarding this Board meeting. Wage IV. Auroval of minutes from last meeting Mr. Dickerson n presented the minutes from the last Regular Meeting of March 18,2014. Mr. Martenis made the motion to approve the minutes as written, Mr. Everett seconded, all approved. Regular Agenda Items of Interest Item 3a. in the written agenda titled Local Alcohol Law Enforcement was presented next not in the same sequence as the printed agenda: In response to Mr. Matthews' March 18, 2014 Board Meeting suggestion, Mr. Sykes invited both City of Wilmington Police Chief Evangelous and New Hanover County Sheriff McMahon to today's meeting to discuss the current Downtown Task Force plans. Sheriff McMahon thanked the ABC Board for its support in all the initiatives he requests. He stated that the Downtown Task Force created "a huge, tremendous success in sharing resources in collaboration"with the police department. Chief Evangelous agreed, and stated that since installation of the Downtown Task Force, which patrols 5th Street to the River, Bridge to Bridge, crime in that area is down 70%. He said that for the first time in history,there were NO violent crimes in the month of December.er ber. Chief Evangelous stated that because of the success of the Downtown Tasl Force, he is writing a paper for a Public Safety publication on"collaboration and what we've accomplished" and that the ABC Board support will be mentioned. After several minutes of Board discussion, Mr. Martenis made the motion to fund the $180,000 for the Downtown Task Force in fiscal year 2014-15, and at fiscal year-end to look at funding or not funding it the following year. Mr. Wolfe seconded the motion, and all approved. V. Approval of proposed agenda No changes were made to the prepared agenda as written, except to move Sheriff f Mcl ah n and Chief Evangelous' scheduled presentation up, and to omit the Employee Recognition item due to guest employee's conflict. Mr. Martenis made the motion to accept the proposed meeting agenda, Mr. Everett seconded, and all approved. VI. dminis r ti Reports 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,h, 1 : *542 Store Visits *283 Bank eposits *9 Change Deposits Video Investigations *27 Charges *15 Arrests *Cited 6 "Underage Possession" ABC Law Violations *Cited 6 "Unauthorized Possession" ABC Law Violations *Cited 1 "Other Alcohol" ABC Law Violations *Cited 3 "Possession" Controlled-Substance Violations *Cited 2 "Paraphernalia" Controlled-Substance Violations *Cited 17"Traffic" Other Offenses I Page *Cited 12 "Criminal" Other Offenses *Reported rted l "Seller/Server" Alcohol Education *Assisted I 0 ABC Law Agencies *Assisted 5 Controlled Substance Agencies *Assisted 2 Other Agencies *Performed 48 Business Inspections *Noted 12 Miscellaneous Violations Submitted *Performed 34 Business Compliance Checks *Completed 15.5 Training Hours b) Mr. Sykes presented the Board with Financial Statements for March, 2014. Mr. Sykes reported that for the month, the Actual-to-Budget comparison showed Gross Sales were better than projected by $356k(14.49%); and Income from Operations was better than budget by $63k (20.91%). For the year, Income from Operations exceeded budget by $537k (15.85%), and Change in Net Position before Distributions exceeded budget by $669k (43.34%). 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 March 31, 2014 was $2.5m. c) Mr. Sykes presented the Board with his Financial Projections t hru Year-End(as of 4/1O/2014) for discussion purposes. Actual financial figures are shown for the fiscal year's first three completed quarters, and budgeted financial figures are shown for the fourth quarter. Based on the current year end projections it appears that Gross Sales will exceed the budget by over $432k, and that Operating Income should be better than budget by over$521k. d) The Board was apprised of three updates: 1) Mr. Cain presented The Cain Report", a brief summary of the New ABC Complex progress for the past 30 days (as of 03/20/14): • Bordeaux Construction reports that the project is 46%complete • Regardi once the level of service is established, we can make better decisions on our cabling needs, and request formal bids at that time. O Office Furniture—Mr. Cain has been in contact with three furniture supply companies regarding new office furniture. He states that the prospect of moving and re-using the Board's existing built-in administrative office furniture is very encouraging and he plans to discuss specific furniture needs next with Ms. Taylor Simms of LS3P Associates, LTD. O Ms. Simms, Project Manager, reports to Mr. Cain that the "project is on schedule/budget at this time". Mr. Cain stated that regarding the 17th & Castle Project: O The architect field measurements are complete. O Updated architectural drawings are in the works. O A meeting is expected to be set up in the next two weeks with the Facility Committee. They are expected to begin discussing sizes and room dimensions. 2) The Chairman of the NC ABC Commission n invited Mr. Dickerson and Mr. Sykes to meet with him on April 30th for a "round table discussion on common operational issues of large volume ABC Boards and potential solutions/best practices". Board Chairs and General Managers from six other large Boards will be at the round table discussion as well. 3) The 2014 Summer Conference is scheduled for July 20-22, 2014 at the Sheraton Greensboro. Mr. Sykes asked the Board members to"save the date", and said he would provide additional information as it becomes available. VII. New Busing a) Mr. Sykes presented the Board with the "Classification and Compensation Study for the New Hanover County ABC Board, NC FINAL REPORT", dated March 28, 2014. Chapter five of the bound booklet covered the five Evergreen Solutions, LLC recommendations that resulted from their study. Mr. Sykes' accompanying handout detailed each of the five recommendations, as well as his CEO response to each. The Board generally discussed the recommendations but no motions were made. b) Mr. Sykes apprised the Board that although they had informally agreed to engage TJ Land, Architect to act as Construction Manager for the 17 h & Castle Project, a formal vote and funds set-aside were needed. He also noted that funds originally appropriated for "Repair/Replace Flat Roof-523 S 17th St" in the approved FY2013-14 Budget f$220k could be, by Board action,reclassified to cover the TJ Land contract amount of$42,000 and the LS3P Associates, LTD contract amount of$1 63,090. Mr. Martenis made the motion to contract with Mr. Land as Construction Manager for the project for an amount not to exceed $42,000. Mr. Wolfe seconded the motion,and all agreed. Mr.Martenis made the motion to reclassify Capital Outlay in the amount of$205,090 [$42,000 plus $163,090] originally appropriated for the "Repair/Replace Flat Roof-523 S 17th St" to the 17" & Castle Project. Mr. Wolfe seconded 41Pa e the motion, and all approved. c) Mr. Sykes apprised the Board that the current copier is leased from Xerox and that the lease expires near the end of May. Mr. Sykes reported that the usage rate is about 1 0,500 copies per month, and that staff had received quotes from three state-contract copier providers. He recommended that the Board initiate a 36-month lease agreement with the lowest bidder, Toshiba. Mr. Martenis made the motion to authorize the Chair/Vice Chair to execute an agreement with Toshiba for a copier lease for 36-months effective May, 2014. Mr. Wolfe seconded the motion, and all agreed. d) Mr. Sykes apprised the Board that the group dental insurance renews June 1's Delta Dental is the current provider, and the dental insurance was put out for competitive bid in FY12-1 . Mr. Sykes recommended that the Board accept the renewal increase of 4.5%-- about $645 more than the current annual premium. Mr. Martenis made the motion to authorize the Finance Officer to initiate renewal paperwork to remain with Delta Dental for group dental insurance. Mr. Everett seconded the motion,and all agreed. e) Mr. Sykes presented the Board with the "First Pass" of the Proposed Fiscal Year 2014- 2 1 Budget Worksheet with written narrative information used in his budget calculations. The Board generally agreed on the key assumptions, but no motions were made. Mr, Wolfe suggested advising the Board beneficiaries of their budgeted tax and profit distributions for their own budget planning purposes. It was agreed that per 1 .C.G.S.§18B-X7 2 , f ,the Proposed Budget Public Hearing will be a separate item on the Board meeting agenda for the upcoming May 20, 2014 regular Board meeting. VIII. Adjournment Mr. Everett made the motion to adjourn the meeting; Mr. Martenis seconded, and all approved. Minutes submitted by: fE-v„ Carol B. Martin, Secretary Minutes approved by: &ago.; Cedric Dickerson, Chairman I Page