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ABC MINUTES of March 19 2013 New Hanover County ABC Board Meeting Minutes March 19, 2013 I. Call to order Chairman Cedric Dickerson called to order the regular meeting of the New Hanover County Alcoholic Beverage Control Board at 8:30am on March 19, 2013 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: Cedric Dickerson, Chairman Robert W. Martenis, Vice Chairman Thomas Wolfe, 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 Avril Pinder, Ex-Officio Member Reid Schronce, ABC Law Enforcement Officer Charles Boney, Principal, LS3P Associates, LTD Charles Hill, ABC Store Manager Arch Jones, Colonel, NHC Sheriff's Department Jonathan Spiers, Port City Daily News Reporter III. Call meeting to order Mr. Dickerson 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. 1 IV. Approval of minutes from last meeting Ms. Martin presented the minutes from the last Regular Meeting of February 19, 2013. Mr. Martenis made the motion to approve the minutes as written, Mr. Everett seconded, all approved. Ms. Martin presented the minutes from the Closed Session Meeting of February 19, 2013. Mr. Martens made the motion to approve the minutes as written,Mr. Everett seconded, all approved. V. Approval of proposed agenda Motion to adopt the prepared agenda as written, with one minor item sequence adjustment, was made by Mr. Martenis, seconded by Mr. Everett, all approved. VI. New business a) ABC Law Enforcement Officer's Unit Monthly (ALE) Report for February was presented by Officer Schronce. Officers performed the following activities for the month of February, 2013: *601 Store Visits *301 Bank Deposits * 14 Change Deposits *150 LB bottle restamps * 2 Video Investigations * 4 Consent Searches *Cited 3 "Sell to Underage" ABC Law Violations *Cited 12 "Underage Possession" ABC Law Violations *Cited 7 "Other Alcohol" ABC Law Violations *Cited 4 "Possession" Controlled-Substance Violations *Cited 4 "Paraphernalia" Controlled-Substance Violations *Assisted 4 ABC Law Agencies *Assisted 5 Controlled Substance Agencies *Assisted 1 "Other" Agency *Performed 18 Bar Inspections *Submitted 3 "Violations" *Performed 52 Business Compliance Checks b) Mr. Sykes presented the Board with Financial Statements for February 2013. The Balance sheet compared 02/28/2013 with 02/29/2012 figures and the Income Statement compared Actual February, 2013 to Budgeted February, 2013 figures. Mr. Sykes noted that for February Cash-in-Bank was up over$1.066m from the previous year, that Income from Operations exceeded budget by $53.7k (17.44%), and that Change in Net Assets Before Profit Distributions was up over$60.8k. Mr. Sykes further noted that Income from Operations exceeded budget by $439k (15.11%), year to date. c) Mr. Martenis apprised the Board that The Carolina Beach Town Council accepted the town's request for a conditional use permit for property located at 1110 N. Lake Park Blvd. by a 4-1 vote on March 12, 2013. This permit gives the town the ability to build a facility on land it already owns that would include solid waste disposal, recycling, parking and a future public works and operations expansion area. The town approved the permit with some conditions which included a limit on the facility's operating hours, 2 stipulating no public access, no incinerators and an 8-foot-tall fence around the facility. Mr. Martenis personally attended the town council meeting because of the proximity of this proposed facility to the Carolina Beach ABC Store, located at 1020 N. Lake Park Blvd. d) Mr. Sykes stated that per NC G.S. 18B-700(8), any increase above $150 per Board meeting must be approved by the appointing authority, and that the New Hanover County Board of Commissioners approved an increase in the monthly (not per meeting) stipend from$150 to $250 for Board members other than the Chair, and from$150 to $300 for the Board Chair at their February 18, 2013 meeting. Mr. Sykes asked each Board Member to advise the payroll department of his personal monthly compensation decision, up to the maximum approved. e) Mr. Sykes notified the Board that the first term for Mr. Wolfe, Mr. Martenis and Mr. Everett as Board members is due to expire on June 30, 2013. Ms. Martin will attain the proper filing procedures from the Clerk to the County Commissioners so that re- appointment and/or replacement notifications are made in a timely manner. Per G.S.18B- 700(c), County ABC board members shall be appointed by the board of county commissioners. f) Mr. Sykes apprised the Board that June I"is the renewal date for the Board's group health and dental insurance, and that several brokers had solicited the Board business. The Board asked Mr. Sykes to prepare an RFP (request for proposal) for health/dental care brokers, to assure that benefits and pricing are compared. g) Mr. Sykes presented the Board with results of an in-house customer satisfaction survey, done to obtain customer input regarding the services at all ABC retail stores and the LBD store in February. The survey goal was to get feedback on four (4) areas: a) Place b) People c) Products d) Procedures Mr. Sykes noted that normally pricing feedback is requested of customers, however since pricing is not within our control, it was not a part of this survey. The overall score (total points divided by total responses) was "4.89" out of a possible "5". This result was comparable to the results of the N.C. ABC Store Customer Service Survey—2012 by UNC Frank Hawkins Kenan Institute of Private Enterprise, which resulted in an average of A- overall. r h) [This presentation was not given in the same sequence as the printed agenda.] Mr. Boney presented the Board with renderings of the proposed land layout for the Building Complex at 6009 Market Street, and of the proposed building. 3 VII. Closed Session The Board entered into CIosed Session to discuss a potential real estate acquisition in accordance with NC GS 143-318.11(a)(5). Mr. Martenis made the motion to enter into Closed Session, Mr. Wolfe seconded, all approved. After several minutes in Closed Session, Open Session began again. Mr. Martenis made the motion to restart the Open Session; Mr.Matthews seconded, all approved. VIII. Return to Open Session Upon return from Closed Session, Mr. Wolfe made the motion to "give staff authority to investigate further possible real estate acquisition opportunities". Mr. Martenis seconded and all approved. IX. Adjournment Mr. Martenis made the motion to adjourn the meeting; Mr. Everett seconded, and all approved. Minutes submitted by:_ . !'` Carol E. Martin, Secretary Minutes approved by: " Date: Cedric Dickerson, Chair 4