ABC Real Estate Committee MINUTES of August 6 2012 New Hanover County ABC Board
Memo for the Record
Meeting Notes
The following individuals had an informal meeting August 6, 2012 at 1:30 PM at the main office
to discuss real estate acquisition issues:
Thomas Wolfe, Board Chair
Robert Martenis, Board Member and Representative of the Real Estate Committee
Dan Sykes, Chief Executive Officer
Gary Cain, Retail and LBD Operations Manager
Spruill Thompson, Real Estate Agent, Cape Fear Commercial Real Estate
Mr. Thompson started out by stating that he had a recent telephone conversation with John
Fullerton (Zoning Administrator, City of Wilmington) regarding the intended use of real estate
being considered by the Board off of Market Street within the city limits.
Mr. Fullerton's position was there was no "wiggle room" to permit an LBD facility (wholesale
liquor distribution) or distribution center within the City limits unless it is located in Light
Manufacturing, Light Industrial or Heavy Industrial zoning area. The reason being is that the
Board's LBD facility is considered a wholesale function. The Board had been considering a
parcel zoned "Regional Business". Also it appeared that re-zoning the parcel in question would
be highly unlikely because it would constitute "spot" rezoning and zoning staff probably would
recommend rejection. There was some discussion as to why Home Depot is similar because its
business is both retail and wholesale. Apparently the difference is that the building would be
substantially wholesale and the distribution center would be considered to be a warehouse.
Several discussions ensued as to how the Board could reason that the zoning be modified. For
example,
1. The land was not particularly attractive for retail businesses because it was not directly on
Market Street.
2. Traffic would not be increased significantly.
3. The building could be considered a "government building".
4. There would be no negative impact on the area.
Mr. Martenis recommended that they proceed with a purchase offer for the Market Street
property. Assuming the offer is accepted, the Board would have more leverage with the City to
allow the building for the uses intended.
Mr. Thompson recommended that the offer be made for the appraised value since that was the
amount the person representing the seller had originally requested ($1,320,000). Anything less
may lead to adversity. Conditions would be that the seller would agree:
1. To pay to bring the retention ponds into full compliance and have them certified
2. That the inspection period would be up to 180 days.
3. Earnest money of$5,000 would be paid within five business days after acceptance of the
purchase offer.
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Mr. Thompson agreed to prepare documentation regarding the terms agreed upon during the
meeting and transmit same to Ms. Copley, Board Attorney, for preparation of the Purchase Offer.
The document would be prepared for Mr. Martenis' signature. Mr. Thompson was to
communicate with Ms. Copley directly and send informational copies to Board members and
related.
A plan `B" was briefly discussed in case the purchase offer was unacceptable or the zoning
could not be changed. Other possibilities are to find suitable land, or an existing building, that
would be:
I. Zoned appropriately (or allow zoning modifications).
2. Reasonably priced.
3. Reasonably located.
No specific properties were discussed.
The meeting adjourned approximately 2:30 PM.
g notes ap o roved:
4115 "
Robert Martenis Date
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