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ABC MINUTES of 12-18 2012 New Hanover County ABC Board Meeting Minutes December 18, 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 December 18, 2012 in the General Office at 523 S. 176 Street, Wilmington, NC. IL Roll call Ms. Martin, Board Secretary conducted a roll call. The following Members of the Board were present: Thomas Wolfe, Chairman Cedric Dickerson, Vice Chairman Robert W. Martenis, Member Augustus C. Everett, Jr.,Member David Matthews, Member Others in attendance were: Daniel Sykes, Chief Executive Officer Carol Martin, Board Secretary Gary Cain, ABC Retail and LBD Operations Manager Wanda Copley, Legal Counsel Arch Jones, Colonel, NHC Sheriff's Department Henry Lee, Part-time Sales Associate 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 last meeting Ms. Martin presented the minutes from the last Regular Meeting of November 12, 2012. Mr. Martenis made the motion to approve the minutes as written, Mr. Dickerson seconded, all approved. Ms. Martin presented the minutes from the Closed Session Meeting of November 12, 2012. Mr. Dickerson made the motion to approve the minutes as written, Mr. Martenis seconded, all approved. 1 V. Approval of proposed agenda Motion to adopt the prepared agenda as written, plus two update items, the Board's Real Estate Committee meeting minutes of December 12, 2012, and Training for Board Members, General Manager and Finance Officer, was made by Mr. Martenis, seconded by Mr. Dickerson, all approved. VI. New business a) Mr. Wolfe introduced Mr. Lee to the Board and thanked him for his service. b) ABC Law Enforcement Officer's Unit Monthly (ALE) Report for November was presented by Col. Jones. Officers performed the following activities for the month of November, 2012: *543 Store Visits *223 Bank Deposits * 3 Video Investigations *Cited 8 "Sell to Underage" ABC Law Violations *Cited 1 "Underage Possession" ABC Law Violations *Cited 8 "Other AIcohol" ABC Law Violations *Cited 3 Traffic "Other Offenses" *Cited 2 Criminal "Other Offenses" *Assisted 1 ABC Law Agencies *Performed 11 Bar Inspections *Performed 22 Business Compliance Checks *Engaged in 120 Training Hours c) Mr. Wolfe announced that having been recently elected a New Hanover County Commissioner, he would be resigning as Chairman of our Board effective December 18, 2012 and would remain on our Board. He stated that he would recuse himself from voting on county items regarding the New Hanover County ABC Board. Mr. Martenis nominated Mr. Dickerson to succeed as Chairman, Mr. Matthews seconded, all approved. Per G.S.18B-700(c)the Board of County Commissioners officially appoints the new ABC Board Chairman, and the vote is expected at their next meeting on January 7, 2013. d) Mr. Sykes presented the Board with Financial Statements for November, 2012—they compared Actual November, 2012 to Budgeted November, 2012 figures. Mr. Sykes noted that for November Cash-in-Bank was up over$1M from the previous year, and that Income from Operations exceeded budget by $77k (23.24%). Mr. Sykes also noted that Change in Net Assets Before Profit Distributions was up over$70k. Mr. Sykes further noted that for the Fiscal Year-To-Date, Income from Operations exceeded budget by $310k (16.63%) and Change in Net Assets Before Profit Distributions beat the budget by about$306k. e) Mr. Sykes distributed to each Board Member, a.) revised Employee Policies and Procedures manual, b.) FY2012-13 revised Travel Policy, and c.) 2012 Annual Report of the NC ABC Commission, d.) Real Estate Committee's meeting minutes of December 12, 2012. 2 f) Mr. Sykes apprised the Board that the Internal Revenue Service 2013 standard mileage rates for the use of a car will be 56.5 cents per mile for business miles driven. g) Mr. Everett made a motion to put Board Member head photos in each of the ABC stores to familiarize employees and the public with our Board Members. Mr. Dickerson seconded the motion, and all approved. h) Mr. Sykes advised the Board that the County Purchasing Department's RFP (Requests for Proposals) regarding our Annual Independent Financial.Audit resulted in six independent accounting firm proposals. After careful evaluation, Mr. Sykes recommended the Board select Koonce, Wooten & Haywood, LLP of Raleigh, NC to perform the FY2012-13 audit only, so as not to obligate a future Board to a binding contract. Koonce, Wooten & Haywood, LLP had quoted for three fiscal years in its written proposal. Mr. Martenis made the motion to authorize the ChairNVice Chair to enter into a contract with Koonce, Wooten & Haywood, LLP in the amount of$14,500 for the Board's current fiscal year audit, Mr. Everett seconded, all approved. i) Mr. Sykes presented the Board with his Proposed Recurring Board Meeting Activities for the calendar year 2013. With the Board's general consensus, it was decided that the _ CEO's annual review forms would be included in the June board packets, so that Board members can give thoughtful evaluation consideration in time for the July Board meeting CEO evaluation. j) Mr. Sykes reminded the Board that upon appointment or re-appointment to our Board, the Board Secretary will be responsible for notifying the ABC Commission. The Board member will then receive an email with instructions regarding mandatory Ethics and Alcohol Training from ShowPros, and not the Commission. Mr. Sykes requested that Board members then provide a certificate of completion to the Board Secretary for their Board file. VII. Adjournment The next meeting is re-scheduled for January 16, 2013 (as opposed to January 15, 2013). Mr. Everett made the motion to adjourn the meeting; Mr. Martenis seconded, and all approved. Minutes submitted by: 41.0t., AA"— Carol E. Martin, ecretary J '' // ` r Minutes approved by. � Date: / Z -I 3 Thomas Wolfe, Chair 3