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Home My WebLink About2011-12-20 Minutes New Hanover C Board Meeting Minutes December 20, 2011 I. Call to order Chairman Thomas Wolfe called to order the regular meeting of the New Hanover County Alcoholic Beverage Control Board at :30am on December 20, 2011 in the General Office at 523 S. 17 Street, Wilmington, NC. I. 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 David Matthews, Member Augustus C. Everett, Jr. Member Robert W. Martenis, Member Others in attendance were: Daniel Sykes, Chief Executive Officer Wanda Copley, Legal Counsel Carol Martin, Board Secretary Gary Cain, ABC Retail and LBD Operations Manager Colonel Arch Jones, NHC Sheriff's Department Mandy Breeden, Part -time ABC Sales Associate Charles Hill, ABC Store Manager Zach Hunt, WECT Photo Journalist Inn. A prova1 of minutes from last meeting Ms. M artin presented the minutes from the last Regular Meeting of November 15, 2011. Mr. Everett made the motion to approve the minutes as written, Mr. Martenis seconded, all approved. Iv. Approval of proposed agenda Motion to adopt the prepared consent agenda with one addition, the decision to Ro into Closed Session at the end of the rekular meeting o discuss a personnel issue as permitted in G. '. § 143 - 318.11 was made by Mr. Martenis, seconded by Mr. Everett, all approved. 1 v. New business a) ABC Law Enforcement Office's Unit Monthly (ALE) Report for November was presented by Colonel Jones. Officers performed the following activities for the month of November, 2011: *658 Store Visits =284 Bank Deposits 9 Change Fund Pickups * 2 Video Investigations :* 2 Consent Searches *Cited 6 Underage Possession ABC Law Violations *Cited 3 Unauthorized Possession Violations *Cited 11 "Other Alcohol" ABC Law Violations *Cited 6 Criminal "Other Offenses" *Assisted 2 ABC Law Agencies *Assisted 2 Controlled Substance Agencies *Assisted 8 "Other" Agencies *Performed 28 Inspections *Completed 1 Violation Submission *Completed 48 Training Hours b) Mr. Sykes apprised the Board of one update, that the IRS published business mileage rate of $o. will remain the sane for 2012. c) Mr. Sykes presented the November 2011 and Rolling 12- Month Comparison. For November, Retail sales were up 6a1% o $11 k . LBD sales were up 5.94% ( $38k) Total Sales were up 6.5% ($154k). For the 12 -Month Rolling Comparison, Retail stores showed a 5.06% 1.08 million) increase in sales, LBD sales were up 1.12 ($107k) and Total sales were up .84 % (about $1. 19 million). d) Mr. Sykes presented the Statewide Sales for November, 2011. This information is for spirituous beverages only (no wines mixers are included): Retail: We had a 6,68% increase compared to 7.31% increase Statewide. We had a 5.94% increase compared to 6,14% increase Statewide. Overall: We had a 6.48% increase in spirituous beverages compared to a 7.10% increase Statewide. NHC ABC required an additional $14.7k to match the Statewide averages. e) Mr. Sykes presented the Board with Financial Statements for November and YTD —both compare Actual 2011 to Actual 2010 figures and Actual 2011 to Budget 2011 figures. Mr. Sykes noted that Purchase Discounts, or Buy-Ins were $14k better than budgeted. Income from Operations exceeded budget by $651. Mr. Sykes also noted that Gross Sales were up $462k over last year, and that Gross Profits were up $146k. 2 0 Mr. Sykes presented the Board with Year-to-Date Revenues & Expenses by Function. This is an income/expense statement for each store with an allocation of Administrative and Warehouse expenses. The allocation percentage per store is computed by dividing the store's net sales by total system's net sales. Mr. Sykes noted that "Change Net Assets Before Profit Distributions" shows all stores making a profit before overhead is allocated (for Administration & Warehouse expenses). Only Store 109-Castle Rayne showed a loss after allocations. g) Mr. Sykes presented the Board with the 2011 NC ABC Commission Annual Report. The report provides an overview of the system wide implementation of the historic ABC reform legislation of 2010 and includes tables with the financial performance summary provided by each of the state's 165 active boards. h) Mr. Sykes presented the Board with proposed modifications to the Disciplinary- Appeal Policy. The existing policy did not provide a provision for employees to appeal disciplinary actions. As Ms. Copley noted, "We do what we can to insure the employee's success. We have a property interest in the employee ". The motion to approve Article 8 (Discipline portion only) and Article 9 (Appeals and Grievances) as written, with an addendum added that the probationary period for a part time enzployee is one full year. The exception to this year's probationary period is upon conversion, from part time to , full tine, the probationary period is six months, was made by Mr. Martenis, seconded by Mr. Matthews, all approved. Copies of the revised policies are attached (Attachments "A" and "B"). i) Mr. Sykes presented the Board with an update on the Board's Medical Insurance for Retirees. The Board currently provides Blue Cross Blue Shield Medicare Supplement F to its retirees. The motion was made to let the current Medical Insurance for Retirees and related policies regarding rates stand as currently worded by Mr. Dickerson, seconded by Mr. Martenis, all approved. j) Mr. Sykes presented the Board with a recommendation that a vehicle to operate and administer Board business be purchased for an amount not to exceed $25k. This amount was included in the Y11/12 budget. Mr. Martenis made the motion to authorize the Board Chair to spend up to $25k for a new vehicle, Mr. Matthews seconded, all approved. k) Mr. Sykes presented the Board with a request to purchase an Identification Scanner on a trial basis with a 30-day money back guarantee. The scanners read bar codes on the reverse side of IDs and display the information read. This would be helpful in identifying minors and fake ID cards. Mr. Martenis made the motion to authorize the purchase of three (3) companies' units to assess product differences, in an amount not to exceed 1lc each on the trial basis. Mr. Everett seconded, all approved. 1) Mr. Sykes presented the Board with a Minority Business Outreach Plan. NC general statutes require that local public entities adopt an appropriate verifiable 3 percentage goal for participation by minority business in the total value of work for building projects (NS GS 143-128.2(a)). The proposed plan establishes a goal of 10%, provides definitions and explains the responsibilities and guidelines. Mr. Dickerson made the motion to approve the plan, Mr. Martenis seconded, all approved. A copy of the Minority Business Outreach Ilan is attached (Attachment " m) Mr. Sykes presented the Board with a Prequalification Policy to assist in ensuring that all Board bidders are qualified to perform the work being requested by the Board for construction/renovation capital improvement projects exceeding $30k in value. This is within the guidelines of NC GS 143-129(b). Mr. Martenis made the motion to approve the policy as written, Mr. Dickerson seconded, all approved. A copy of the Prequalification Policy is attached (Attachment "D") n) Mr. Sykes apprised the Board of several general updates on the 17 & Castle Property. These updates include the facts that the Environmental Site Assessment is still in progress, a final agreement has not been signed with LS3P Associates, Ltd, and that meetings had been held with several community leaders. Mr. Wolfe suggested that perhaps the Board may need to engage an engineer to act on our behalf in matters beyond its expertise regarding the property renovations. o) Mr. Sykes presented the Board with his Proposed Recurring Board Meeting Activities for the calendar year 2012. No amendments were discussed or introduced. VI. Closed Session The Board entered into Closed Session to discuss a personnel issue in accordance with G.S. § 143 - 318.11. Mr. Dickerson made the motion to enter into Closed Session, Mr. Martenis seconded, all approved. After several minutes in Closed Session, Open Session began again. Mr. Dickerson made the motion to restart the Open Session; Mr. Martenis seconded, all approved. VII. Return to open Session It was stated that in Closed Session the Board took no action. 4 VIII. rnmet Mr. Everett made the motion to adjourn the meeting; Mr. Dickerson seconded, all approved. Minutes ,utes submitted by: 0 Carol E. Martin, Secretary Minutes approved 1 : Date: - i 7- 2 Thomas Wolfe, Chair 5