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ABC MINUTES of November 12 2012 New Hanover County ABC Board Meeting Minutes November 12, 2012 I. Call to order Chairman Thomas Wolfe called to order the regular meeting of the New Hanover County Alcoholic Beverage Control Board at 8:30am on November 12, 2012 in the General Office at 523 S. 17th Street, Wilmington, NC. II. Roll call Ms. Martin, Board Secretary conducted a roll call. The following Members of the Board were present: Thomas Wolfe, Chairman Robert W. Martenis,Member Augustus C. Everett, Jr.,Member David Matthews, Member Absent: Cedric Dickerson, Vice Chairman Others in attendance were: Daniel Sykes, Chief Executive Officer Avril Pinder, Ex-Officio Member Carol Martin, Board Secretary Gary Cain, ABC Retail and LBD Operations Manager Reid Schronce, NHC Sheriff's Department Danielle Mercolini, ABC Vacation Relief Manager III. Call meeting to order Mr. Wolfe 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 coming 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 Iast meeting Ms. Martin presented the minutes from the last Regular Meeting of October 23, 2012. Mr. Everett made the motion to approve the minutes as written, Mr. Martenis seconded, all approved. Ms. Martin presented the minutes from the Closed Session Meeting of October 23, 2012. Mr. Martenis made the motion to approve the minutes as written, Mr. Everett seconded, all approved. 1 V. Approval of proposed agenda Motion to adopt the prepared agenda as written, plus two update items, was made by Mr. Martenis, seconded by Mr. Everett, all approved. VI. New business a) Mr. Wolfe introduced Ms. Mercolini to the Board and thanked her for her service. b) ABC Law Enforcement Officer's Unit Monthly (ALE) Report for October was presented by Mr. Schronce. Officers performed the following activities for the month of October, 2012: *638 Store Visits *308 Bank Deposits * 15 Change Deposits *Cited 4 "Sell to Underage" ABC Law Violations *Cited 14 "Underage Possession" ABC Law Violations *Cited 17 "Other Alcohol"ABC Law Violations *Cited 2 "Possession" Controlled-Substance Violations *Cited 2 "Paraphernalia" Controlled-Substance Violations *Cited 2 DWI& Implied "Other Offenses" *Cited 9 Traffic "Other Offenses" *Cited 3 Criminal "Other Offenses" *Assisted 7 ABC Law Agencies *Assisted 6 Controlled Substance Agencies *Assisted 2"Other" Agency *Performed 35 Bar Inspections '*Performed 25 Business Compliance Checks *Engaged in 1 Training Hour c) Mr. Sykes presented the Board with Financial Statements for October, 2012—they compared Actual October, 2012 to Budgeted October, 2012 figures. Mr. Sykes noted that for October Cash-in-Bank was up over$1.5M from the previous year, and that Income from Operations exceeded budget by $62.9k (19.41%). Mr. Sykes also noted that Change in Net Assets Before Profit Distributions was up almost $59.3k. Mr. Sykes further noted that for the Fiscal Year-To-Date, Change in Net Assets Before Profit Distributions beat the budget by about $236k. d) Mr. Sykes apprised the Board that he and Mr. Wolfe will be attending the New Hanover County Board of Commissioners meeting on Tuesday, November 13, 2012. Mr. Wolfe is scheduled to present the ABC Board's annual update; and upon approval of the Board of County Commissioners' meeting minutes, confirmation of their approval of the Board's updated travel policy will be sent to the Commission, pursuant to GS 18B-700 (g2). e) Mr. Sykes apprised the Board that their Plan to Provide Collected Funds to "CoastalCare"from the September Board meeting had been approved by CoastalCare, and had been presented to the ABC Commission for their approval. He stated that the initial purchase of the secure collection boxes would be paid by the Board and reimbursed back to the Board with the initial donations collected. The accounting for the 2 collections and subsequent checks to CoastalCare will be maintained by the ABC administrative office in a balance sheet account, thereby not affecting the Board Statement of Revenue & Expenses and Changes in Net Assets. f) At the October Board meeting, Mr. Sykes gave each Board member and Ms. Copley a binder of his proposed revisions to the Board's Personnel Policies and Procedures that were re-written in April 2010 under the direction of the Interim Board. The new 2012 re- written policies strived to properly introduce new employees to the Board's history, procedures and benefits and improve readability. The Board was asked to make any recommendations for change by the next Board meeting. Mr. Sykes noted that Ms. Copley had reviewed the revised policies and procedures and stated that "they were fine": and that no recommendations for changes by Board members had been received. Mr. Martenis made the motion to approve the revised personnel policies as presented, Mr. Everett seconded, and all approved. VII. Closed Session The Board entered into Closed Session to discuss both a potential real estate acquisition in accordance with NC GS 143-318.11(a)(5), and a personnel matter, pursuant to GS 143-318.11(a)(6). Mr. Martenis made the motion to enter into Closed Session, Mr. Everett seconded, all approved. After several minutes in Closed Session, Open Session began again. Mr. Martenis made the motion to restart the Open Session; Mr. Everett seconded, all approved. VIII. Return to Open Session ( It was stated that the Closed Session provided an update regarding a real estate matter and that the annual CEO appraisal review had been performed. The Board discussed the formation of a two-member New Store Feasibility Committee to study the County demographics to most effectively position future ABC store locations. Mr. Martenis and Mr. Matthews generally agreed to make up the Committee. IX. Adjournment Mr. Everett made the motion to adjourn the meeting; Mr. Martenis seconded, and all approved. Minutes submitted by: Cat}0-h, Carol Martin, Secretary Minutes approved by. I ) ' LL ---/‘"9/Z.--Date: 17'i ---/‘"9/Z.-- Thomas Wolfe, Chair I,,. 3