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Home My WebLink AboutABC MINUTES 04-26 2012 New Hanover County ABC Board Meeting Minutes April 26, 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 April 26, 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 Cedric Dickerson, Vice Chairman David Matthews, Member Robert W. Martenis, Member Augustus C. Everett, Jr., Member Others in attendance were: Daniel Sykes, Chief Executive Officer Avril Pinder,Ex-Officio Member Kemp P. Burpeau, Deputy County Attorney Carol Martin, Board Secretary Gary Cain, ABC Retail and LBD Operations Manager Colonel Arch Jones, NHC Sheriff's Department Bernie Wooten, ABC Sales Associate Sergeant Joe Cina, NHC Sheriff's Department Officer Roy P. Duque,Wilmington Police Department III. Call meeting to order Mr. Wolfe 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 1 Ms. Martin presented the minutes from the last Regular Meeting of March 20, 2012. Mr. Dickerson made the motion to approve the minutes as written, Mr. Everett seconded, all approved. V. Approval of proposed agenda Motion to adopt the prepared consent agenda as written, was made by Mr. Martenis, seconded by Mr. Dickerson, all approved. VI. New business a) ABC Law Enforcement Office's Unit Monthly (ALE) Report for March was presented by Colonel Jones. Officers performed the following activities for the month of March, 2012: *671 Store Visits *328 Bank Deposits * 2 Consent Searches * 3 Video Investigations *Cited 14"Underage Possession" ABC Law Violations *Cited 1 "Unauthorized Possession" ABC Law Violation *Cited 4 "Other Alcohol" ABC Law Violations *Cited 1 DWI & Implied "Other Offenses" *Cited 2 Traffic "Other Offenses" *Cited 2 Criminal "Other Offenses" *Assisted 4 ABC Law Agencies *Assisted 2 Controlled Substance Agencies *Assisted 5 "Other" Agency *Performed 53 Inspections *Performed 59 Compliance Checks *Completed 5 Training Hours b) Mr. Sykes introduced Bernie Wooten as the latest full-time employee. c) Mr. Sykes apprised the Board of one update, that Officer Roy P. Duque,Wilmington Police Department was replacing Officer Kendall Murphy in her downtown ABC enforcement position. Mr. Everett made the motion to accept Mr. Duque to the downtown task force, Mr. Martenis seconded, all approved. d) Mr. Sykes presented the Board with Financial Statements for March and Year To Date— they compare Actual 2012 to Budget 2012 figures. Mr. Sykes noted that for March Gross sales were ahead of budget by $964k (4.13%), and that Gross Profits were better than budget by almost $376k(6.3%). Mr. Sykes further noted that Income from Operations exceeded the budget by $639k (22.6%). Year-To-Date, Net Income before Distributions exceeded budget by $649k (22.72%). e) Mr. Sykes presented the Board with an Administrative Budget Amendment. During the January meeting the Board approved the purchase of two vehicles for the ABC Officers in the amount not to exceed $50,000. The New Hanover County Sheriff Department actually purchased the vehicles in March for a total of$47,986.79. Because the purchase was not a budgeted item, a budget amendment was required to transfer funds from the contingency account"Miscellaneous" (Operating expense) to "Sheriff's Contract" (Law 2 Enforcement Distribution) for the actual purchase amount. Mr. Martenis made the motion to approve the Administrative Budget Amendment, Mr. Matthews seconded, all approved. f) Mr. Sykes presented the Board with the "First Pass" of the Proposed Fiscal Year 2012- 2013 Budget Worksheet with written narrative information used in his budget calculations. The Board generally agreed on the key assumptions, and no motions were made. g) Mr. Sykes presented the Board with the Law Enforcement funding portion of the Budget for FY12/13 so that necessary contracts could be drawn up by legal counsel in time for renewals. Mr. Martenis made the motion to accept both parts of the proposed law enforcement funding: 1.) $300,000 for the ABC Law Enforcement Contract with the NHC Sheriff's Department, and 2.) $180,000 for the Downtown Wilmington Task Force Contract with the NHC Sheriff's Department. Mr. Martenis made the motion to approve both parts of the FY12/13 law enforcement funding, noting that each is an annual renewal, Mr. Dickerson seconded, all approved. h) Mr. Sykes presented the Board with renewal quotes for both employee Health and Dental insurances from our current carriers. He presented a spreadsheet which compared these renewal quotes to those of the NC League of Municipalities (NCLM), which our board has qualified to join. Mr. Dickerson made the motion to authorize the chair to execute the necessary agreements to provide employee health and dental insurance at rates not to exceed the amounts quoted for First Carolina Care (for health insurance) and Delta Dental (for dental insurance) effective June 1, 2012. Mr. Martenis seconded, and all approved. i) Mr. Sykes presented the Board with a Revised Procurement Policy. The revisions reflect administrative changes since the document was originally prepared and approved in April, 2010. Mr. Martenis made the motion to authorize the Chief Executive Officer to make certain changes, up from previous$1,000 to $5000 among operating expenditure line items, (i.e. non-capital and/or non-personnel related items), in the budget when the change is necessary for the best interest of the Board in the policy section VI 6.2. Mr. Matthews seconded, all approved. Mr. Martenis made the motion to approve the final policy changes, Mr. Matthews seconded, all approved. j) Mr. Sykes presented the Board with a Shelf Management Plan. It was written to conform with NCAC 02R.1711 effective December 1, 2011, and provides guidance for maintaining retail ABC store shelves in a reasonable and systematic manner,but with flexibility. Mr. Dickerson made the motion to approve the policy,Mr. Martenis seconded, all approved. k) Mr. Sykes presented the Board with a Mixed Beverage/LBD Policy, which incorporates Commission mandates for reference, and encompasses procedures for our Liquor-By- The-Drink patrons and employees to follow. 1) Mr. Sykes presented the Board with an ABC Store Customer Service Survey—2012 commissioned by the NCABC, prepared by the UNC Frank Hawkins Kenan Institute of Private Enterprise for discussion purposes. 3 VII. Closed Session The Board entered into Closed 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. Matthews 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 It was stated that the Closed Session resulted in no action, and that necessary research would continue. IX. Adjournment Mr. Dickerson made the motion to adjourn the meeting; Mr. Martenis seconded, and all approved. (CUCI--5-,Minutes submitted by: i A--- Caro E. Martin, S retary Minutes approved b J..' 1 Date: L . r'� pP �� Thomas Wolfe, Chair 4