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2011-07-19 New Hanover County ABC Board Meeting Minutes July 19, 2011 1) Call to order: Chairman Wolfe called to order the regular meeting of the New Hanover County Alcoholic Beverage Control Board at 8:30am on July 21, 2011 in the New Hanover County Government Center, Lucie Harrell Conference Room, Administrative Suite, at 230 Government Center Drive, Wilmington, NC. 2) Roll call: The following Members of the Board were present: Thomas Wolfe, Chairman Cedric Dickerson, Vice Chairman '• David Matthews, Member Augustus C. Everett, Jr. Member Robert W. Martenis, Member Others in attendance were: Kemp Burpeau, Acting Legal Counsel Daniel Sykes, Chief Executive Officer Gary Cain, Acting Board Secretary Rita Mole, ABC Employee 3) Approval of minutes from last meeting: Mr. Sykes presented the minutes of the last regular meeting and Closed Session portion of June 21, 2011. Mr. Everett made a motion to approve the minutes as written; Mr. Martenis seconded; the vote carried unanimously. 4) Approval of proposed agenda: Mr. Martenis made a motion to adopt the proposed agenda as written. It was seconded by Mr. Matthews; the vote carried unanimously. 5) Organizational Meeting: a) Chair: It was noted that Mr. Wolfe had already been re- appointed as Board Chair by the County Commissioners at a June meeting. b) Vice Chair: Mr. Matthews made a motion to re -elect Mr. Dickerson as Vice Chair. Mr. Everett seconded the motion; the vote carried unanimously. c) Secretary: Mr. Martenis made a motion to re- appoint Ms. Martin as Board Secretary. Mr. Dickerson seconded the motion; the vote carried unanimously. ' d) Place/Date/Time: This was discussed and it was generally agreed that the Board would meet at the ABC Main Office and would maintain the same meeting schedule (third Tuesday of each month at 8:30 am). 6) ABC Law Enforcement: a) The ABC Law Enforcement Monthly Report for June was presented by Colonel Jones, NHC Sheriff's Department. A report is filed with the NC ABC Commission. 1 New Hanover County ABC Board Meeting Minutes July 19, 2011 b) Mr. Sykes stated that he had received letters from the Sheriff's Office and the Wilmington Police Department designating specific ABC Officers. 7) Administrative Reports: a) Updates: i) A letter was received from Mayor Saffo dated June 30, 2011 expressing his appreciation for the ABC Board's commitment to the citizens of New Hanover County. This was in reference to the $180,000 the Board provided for the united front with the Wilmington Police Department and the Sheriff's Department. ii) The CEO stated that Bailment Fees (delivery charges) would increase from $1.20 to $1.65 per case effective August 1, 2011. Bailment Surcharge would remain at $0.85 per case. iii) Mr. Sykes also presented: (1) The Jun 2011 and Rolling 12 -Month Sales Report; (2) The Statewide Sales Report for June. (3) Preliminary financial statements as of 6/30/2011 and for the year then ended. 8) Board Activities: A proposed list of future Board activities was presented for planning purposes. Minor changes were made by the Board; the updated list is to be distributed. 9) Purchases: a) Electric Time Switches: Mr. Sykes presented a summary of quotes for time switches to control ABC store signs and lights on a 24/7 basis without manual intervention. After some discussion, Mr. Martenis made a motion to authorize the CEO to purchase electric time switches for seven facilities for approximately $4,100 including sales taxes. Mr. Dickerson seconded the motion and the vote carried unanimously. b) Additional Point -of -Sale (POS) Computers: Mr. Sykes stated there additional POS computers could be used at stores #106 - College Road & #108- Market Street. This would offer faster customer check -out service during peak days/hours. Mr. Dickerson made a motion to authorize purchase of two Carolina Data POS satellite registers and related peripherals for an amount not to exceed $11,000. Mr. Martenis seconded the motion and the vote carried unanimously. 10) Profit Distributions: Mr. Sykes stated that profit distributions were due to the Board's beneficiaries based on applicable laws. He suggested that some of the Board's valuable time could be saved by allowing staff to make quarterly distributions in accordance with the budgeted amounts unless projected income changes significantly. After some discussion, Mr. Martenis made a motion to the effect that future quarterly distributions are to be made by staff in accordance 2 } New Hanover County ABC Board Meeting Minutes July 19, 2011 with budgeted amounts without Board discussion. Mr. Everett seconded the motion and the vote carried unanimously. 11) Bank Account: Mr. Sykes stated that Live Oak Bank had better money market rates than other banks in the area and recommended that the Chair and Finance Officer be authorized to open accounts as required. After some discussion, Mr. Martenis made a motion to authorize the Chair and the Finance Officer to open accounts as needed with Live Oak Bank to optimize interest income as to their discretion; however, balances are not to exceed insured dollar amounts. Mr. Dickerson seconded the motion and the vote carried unanimously. 12) Architectural Services: Mr. Sykes stated that Ms. Pinder's office had sent -out "Request for Qualifications for Architectural Services" but no replies were received. An architect is required for the 17 Street/LBD project. The request will be repeated but will use a wider geographic area. 13) Presentation: The CEO had prepared a presentation to be used for civic groups to assist the public in understanding how spirituous beverages are controlled in the North Carolina and more specifically in New Hanover County. The presentation touched on the ABC framework, tax revenues, tax comparisons with other states and current issues. 14) Closed Session: The Chair stated that the Board will enter into Closed Session to pursuant to G.S. 143 - 318.11(5) to instruct the public body staff concerning the position to be taken by or on behalf of the public body in evaluating possible acquisition of real property. All persons not Board members or specifically designated staff were asked to leave at this time. Mr. Everett made the motion to enter into Closed Session. Mr. Martenis seconded the motion; and the vote carried. After about 30 minutes in Closed Session, Mr. Martenis made a motion to restart the Open Session, Mr. Dickerson seconded; the vote carried. 15) Return to Open Session: Mr. Wolfe stated that the Board's discussion resulted in no action; and that necessary research would continue. 16) Adjournment: Mr. Martenis made the motion to adjourn the meeting; Mr. Dickerson seconded, all approved. Minutes submitted by: Date: / o?d t / G. ain, tin ; ecr-tary Minutes approved by: Date: (e //e ) 1 / 3