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Home My WebLink About2021-09-23 MinutesNew Hanover CountyABC Board Meeting Minutes September 23, 2021 I. Call to order Chairman William Blair, III called to order the regular meeting of the New Hanover County Alcoholic Beverage Control Board at 9:00am on September 23, 2021 at the General Office, 6009 Market Street, Wilmington, NC. II. Chairman confirms uortim The following Members of the Board were present: William Blair,11I, Chairman Cedric Dickerson, Vice Chair Bruce Shell., Member Thomas Wolfe, Member William Rivenbark, Member Others in attendance were: Charles Hill, General Manager James Casteen, Assistant General Manager Kathy Clark, Finance Officer/Board Secretary Wanda Copley, Legal Counsel Lieutenant Joe Jewell, NHC Sheriff's Department Sheriff Ed McMahon, NHC Sheriff's Department III. Conflict of Interest Reminder• Mr. Blair 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 refrainfrom any undueparticipation in theparticulor matter involved. " Let it be recorded that no conflicts were identified by any Board member regarding this Board meeting. IV. Consent Agenda Items of Business Mr. Blair presented the minutes from the Regular Meeting of August 19, 2021. Mr. 11 P a P, e Wolfe made the motion to approve the minutes as written, Mr. Shell seconded the motion, all approved. Mr. Blair presented the proposed meeting agenda. Mr. Wolfe made the motion to approve the agenda adding 3aa, Sheriff Ed McMahon. Mr. Dickerson seconded the motion, all approved. V. Administrative Reports • Sheriff Ed McMahon Sheriff Ed McMahon thanked the Board for their continued support of the Downtown Task Force. He reported that the task force partnership continues to work well. The issues that were being experienced in the downtown area before the task force formed still seem to be working well. • ABC Law Enforcement_ Officers' Unit Monthly (ALE) Report for August was presented by Lieutenant Jewell. Please see the attached LE Monthly Reporting Numbers from the North Carolina ABC Commission website (Attachment "A"). Financial Statements Mr. Casteen presented a copy of the Board Financial Statements for August, 2021. The Financial Statement showed, the Actual -to - Actual comparison Gross Sales more than the prior August by $674k (14.49%), Operating Expenses more than prior August by $12k (2,38%), and Income from Operations was more than prior August by $181 k. Mr. Casteen reported that of the $9.5 million in the bank that there were unrestricted funds of $5.4 million, working capital restricted of $1.7 million. • General Manager Updates: General Managers Focus Group — Mr. Hill reported to the Board that a General Managers Focus Group of 10 General Managers and representatives from the ABC Commission and LB&B, met on September 22, 2021. They discussed the issues that have been being experiencing over the past few months. He reported that it seems that our system is doing better than others due to the direct shipments that we have been receiving. North Carolina Association of ABC Boards Committees — Mr. Hill advised the Board that Mr. Shell and himself will be servicing on Committees with the Association. Mr. Shell has agreed to serve on the Education & Public Relations Committee and Legislative Committee, Mr. Hill will be servicing on the Program & Arrangements Committee. Audited Financial Report for FY 20/21 — Ms. Clark presented the Audited Financial Report for the year ended June 30, 2021. She reported the total gross sales in 2021 were S59,203,586, an increase of 13.70% over 2020; Gross profit on sales for 2021 of $15,390,134 and for 2020 of $13,595,650, She reported the Net Position in 2021 was $24,912,627. She did note to the Board that there was one change from the Draft, this 21PaF,e is in Note 12 Working Capital. The Maximum amount of Working Capital was over stated in the draft and would be corrected to show a maximum amount of $7,526,094, adding a note that the Board at June 30, 2021 exceeded the maximum amount of working capital by $885,001. This excess will be distributed to the municipalities in the following year. The Finance Committee had reviewed the Audited Financial Report in detail with Mr. Boyce, Auditor, with Koonce, Wooten & Haywood, LLP prior to the board meeting. Mr. Shell made a motion from the Finance Committee to approve the audited financial report for fiscal year ended June 30, 2021, with the change in Note 12. With no need for a second, all approved. • Ethics Resolution --- Ms. Clark presented Ethics Resolution with only requiring a change the dates. Mr. Dickerson made a motion to approve the Ethics Resolution as written. Mr. Blair seconded the motion, and all approved. • Travel Policy Addendum — Mr. Hill presented a Travel Policy Addendum this addendum would allow for excess travel lodging to be approved by the Board in advance for excess lodging. The following is proposed Travel Policy Addendum: "As of January 1, 2021, The ABC Board grants authority to approve excess lodging expenses above the State rate under certain conditions. The General Manager shall inform the ABC Board of these excess lodging expenses. Excess lodging expenses shall be obtained in advance from the ABC Board." Mr. Wolfe made the suggestion to change the word "obtain" to "approved". Mr. Shell made a motion to approve the Travel Policy Addendum with the suggested change. Mr. Wolfe seconded the motion, and all approved. Mr. Blair made a motion to approve the excess lodging for all that attended the NC Association Annual Meeting in August, 2021. Mr. Shell seconded the motion, and all approved. ABC Policy and Procedure Manual Addition -- Mr. Hill presented a addition to the ABC Policy and Procedure Manual. This addition would allow employees that are injured on the job and are on a leave under the Workers' Compensation Insurance to work with a restriction of activities. Mr. Shell made a motion to approve the addition under Workers' Compensation Insurance Policy as written (see Attachment "B"). Mr. Blair seconded the motion, and all approved. M lwareb tes End1joint Deteelion and Res onse — Mr. Hill presented three quotes for Malwarebytes Endpoint Detection and Response, they are as follows: Carolina Data Systems $4,713.65 for 1 year, $I1,260.95for 3 years. Corvid Cyberdefense $18,420.00 Annually. Trustwave $3,187.50 for I year, $8,296.87 for 3 years. Mr. Blair made a motion to accept the quote from Carolina Data Systems for 1 year at $4,713.65. Mr. Rivenbark seconded the motion, and all approved. Finance Committee Update -- Ms. Clark advised the Board that the Finance Committee met on September 22, 2021 and reviewed the Audited Finance Report for FY 20/21 with the Auditor via conference call. The committee agreed to table the discussion of Other Post Employee Benefit Vendors until next month. Ms. Clark present the Renewal for the Delta Dental, with no increase in rates for a period of December 1, 2021 through November 30, 2023. Mr. Blair made motion to except the renewal from Delta Dental with no increase in rates for December 1, 2021 through November 30, 2023. Mr. Shell seconded that motion, and all approved. Ms. Clark advised the Board that the vision insurance with Community Eye Care is still under contract until November 30, 2023, with no rate increase. VI. Adiournment Mr. Blair advised of the next Board Meeting to be held on Thursday, October 21, 2021 at 9:00am at the General Office, 6009 Market Street, Wilmington, NC. Mr. Blair made the motion to adjourn the meeting; Mr. Rivenbark seconded the motion, all approved. Minutes submitted by: Kathy lark, S etary Minutes approved by: ! Date: j 0 illiam Blai , I, Chairman 41Pap,e Law Enforcement Report RepOtt Date- 08/01/2021 --- .....- ----..............._..-.-.-..-_.._--.-._..-.-.-.-..,....-_ ..._ --- f-.,..,..-.,..,.,..,........ ,..,....,......,..,.., ... ....... ........... ....,...,, Violation Reports Submitted to ABC Commission 10 Total Number Of Offenses Contained in Reports 0 Sell to Underage Campaign Checks 18 Permittee Inspections 10 Complerce Checks 136 Seller / Scrver Training 0 Alcohol Education Iti f..,.., I At Perrnittcd Estabiishme t AwayFlom Permitted Cstahlishment = Sell i Give to Underage _.------- . 0 l..... i0 ..... ..... ... Attempt to Purchase / Purchase by Underage 33 0 u l)(ILI Ige Possession i2 '0 I Unauthnrized Possession 13 0 Sell / (.live to lntoxi�- ated I o All OtterAlcohol Related Charges - ......... ... .. 123 .,..,..,..,..,.. ---... ;4 ... ..,. 61 i4 .... ..... -.,. At Pern7€tted Establishment ... .,..... ,.., Away Fiore Pe- mitted Establishment r-- ..... ....__--.._..... - -- _-.-_.-.-_-.--------.......... Felony Drug Related Charges _ -........ 0 tl Kwlemeanor Drug Related Charges 13 ......... ........ .. .. ..... .. .. ..... - 10 - 3 ! ........ ...... ..... .. . -- - _., ., .,..,.., !0 ......... ....,.............. --......... i At Permitted Fstablishment Away From Permitted Establishment ....... .......... ...... L7iivin I while Irnpaired 112 0 All Other Criminal Charges 2 2 ..... _.... _......- ------ .----------- - . 4 74 Assistance Provided to Other Agen-cie.s €22 Re: -arks Store visits 651, Bank clf (posits 355, Change deposits 5, Video Investigations 21, Charges 14, Arrests 31, Searches 8 Rreportmcj Office, / ' ktle, New 4'lanovcr CO ABC Officers Report Date: 09/o7%202'1 d Av A o ewt "ff// New Hanover County Alcohol Beverage Control Board ABC POLICY AND PROCEDURE MANUAL them in this policy. Current insurance plans and benefits listings and details can be obtained from the administrative office of the ABC Board. Benefits Continuation (COBRA) The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under ABC Board's health plan when a "qualifying cvmni", vvnu|d normally result in the loss of eligibility. Some common qualifying events are resignation or other type of employment separation, or death of an employee; a reduction in an employee's hours or a leave of absence; an mnnp|nVen's divorce or legal separation; and a dependent child no longer meeting eligibility requirements. Under COBRA, the employee or beneficiary pays the full cost of coverage at ABC Board's group rates plus on administration fee. ABC Board provides each eligible employee with a written notice describing rights granted under COBRA when the employee becomes eligible for coverage under ABC Board's health insurance plan. The notice contains important information about the employee's rights and obligations. Workers' Compensation. Insurance Polic ABC Board provides a comprehensive workers' compensation insurance program at no cost to employees. This program covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment. Subject to applicable legal requirements, workers' compensation insurance provides benefits after a short waiting period or, if the employee is hospitalized, immediately. Employees who sustain work -related injuries or illnesses should inform their supervisor immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately. This will enable an eligible employee to qualify for coverage as quickly as possible. Based on the | 'uiry the rne6|ca| provider may restrict your activities (a.g. lifting limits how long you can sit, stand or use your hands, etc.) in order to speed your recovery we will make every effort to find temporary work based on restrictions provided by your medical provider. Your temporary assignment may be completely unrelated to your regular job. As you recover, the medical provider will periodically evaluate your progress and may modify your restrictions. As this occurs, we may change your modified duty assignment to help you move closer to regularjob dudes, Neither ABC Board nor the insurance carrier will be liable for the payment of workers' compensation benefits for injuries that occur during an employee's voluntary participation in anyoff'duty recreational, social, or athletic activity sponsored by ABC Board. Post -Retirement Benefits As a post -employment benefit, the Board provides medical insurance to its eligible retirees. Retiring employees will be subject to the policy medical provisions in effect on the date of their retirement. Retiring employees may qualify for continued medical coverage under the Board's group medical insurance programs, as outlined inthis document. Retiring employees maintain the type ofmedical coverage in effect