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HomeMy WebLinkAboutABC Minutes 05-25-2012 New Hanover County ABC Board Meeting Minutes May 25, 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 May 25, 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 Robert W. Martenis, Member Augustus C. Everett, Jr., Member Absent: David Matthews, Member Others in attendance were: Daniel Sykes, Chief Executive Officer Avril Pinder, Ex-Officio Member Wanda Copley, Legal Counsel Carol Martin, Board Secretary Gary Cain, ABC Retail and LBD Operations Manager Colonel Arch Jones, NHC Sheriff's Department Kayla Munn, ABC Sales Associate Cathey Luna, Board Secretary, Wilmington Downtown, Inc. 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 Ms. Martin presented the minutes from the last Regular Meeting of April 26, 2012. Mr. Martenis made the motion to approve the minutes as written, Mr. Dickerson seconded, all approved. V. Approval of proposed agenda 1 Motion to adopt the prepared consent agenda as written with the exception that topic, "Restrict Funds for Capital Improvements" be moved to after the Closed Session, was made by Mr. Dickerson, seconded by Mr. Martenis, all approved. VI. New business a) ABC Law Enforcement Office's Unit Monthly (ALE) Report for April was presented by Colonel Jones. Officers performed the following activities for the month of April, 2012: *601 Store Visits *285 Bank Deposits * 13 Change Deposits * 2 Video Investigations *485 Bottles Restamped *Cited 53 "Underage Possession" ABC Law Violations *Cited 22 "Unauthorized Possession" ABC Law Violation *Cited 7 "Other Alcohol" ABC Law Violations *Cited 1 DWI& Implied "Other Offenses" *Cited 9 Traffic "Other Offenses" *Cited 1 Criminal "Other Offenses" *Assisted 14 ABC Law Agencies *Assisted 4 Controlled Substance Agencies *Assisted 3 "Other" Agency *Performed 44 Inspections *Submitted 2 Violations *Performed 11 Compliance Checks *Completed 10 Training Hours b) Mr. Sykes introduced employee Kayla Munn to the Board. c) Mr. Sykes presented the Board with Financial Statements for April and Year To Date— they compare Actual 2012 to Budget 2012 figures. Mr. Sykes noted that for April Gross sales were ahead of budget by $56k (2.09%), and that Gross Profits were better than budget by almost $10.6k (1.57%). Mr. Sykes further noted that Income from Operations exceeded the budget by $22k (6.2%). Year-To-Date, Net Income before Distributions exceeded budget by $672k (20.89%). d) Mr. Sykes presented the Board with his Latest Projections through Year-End, as of April 30, 2012. He noted that it appears that additional profit distributions may be considered by the Board for the current fiscal year. The Board agreed to discuss any possible additional profit distributions at the next regular Board meeting. e) Mr. Sykes presented the Board with a Refuse to Sell Request Policy. The policy addresses the situation where a Board employee is asked not to sell liquor to an otherwise eligible adult. The Board prefers to refrain from becoming intermediaries in these types of matters. Mr. Martenis made the motion to approve the policy as presented, Mr. Everett seconded, all approved. 2 f) Mr. Sykes presented the Board with an Identity Theft Protection Policy. The purpose of the proposed policy was to implement written policies and procedures for the use, storage and disposal of documents and electronic data containing employees', Board members', customers' and vendors' personal information. The Board made the decision to delay a motion until the policy could be compared to the County's Identity Theft Protection Policy. g) Mr. Sykes presented the Board with a Capital Purchase Request of eight (8) more wireless, real-time inventory scanners. The amount is in the Fiscal Year 2012-2013 budget, and the funds will be dispersed in that fiscal year. Mr. Dickerson made the motion to authorize the purchase for an amount not to exceed $20,000; Mr. Martenis seconded, all approved. h) Mr. Sykes presented the Board with the "Second Pass" of the Proposed Fiscal Year 2012- 2013 Budget Worksheet, Budget Message and Proposed Budget Document.. After the Closed Session of the Board meeting, Mr. Wolfe made the motion to accept the Fiscal Year 2012-2013 Proposed Budget; Mr. Dickerson seconded and all approved. The Board asked Mrs. Martin to announce to the media and in the Legal Classified section of the newspaper that the Public Hearing on the budget would be held at 8:30am, Tuesday, June 19, 2012 in the General Office at 523 S. 17th Street,Wilmington, NC, immediately prior to the next scheduled regular Board meeting. i) Ms. Luna made a few comments commending the board for its part in the downtown Wilmington law enforcement efforts. 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. 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. Dickerson seconded, all approved. VIII. Return to Open Session It was stated that the Closed Session resulted in no action, and that necessary real estate research would continue. The moved agenda topic "Restrict Funds for Capital Improvements" was not voted on. IX. Adjournment Mr. Martenis made the motion to adjourn the meeting; Mr. Dickerson seconded, and all approved. Minutes submitted by: ' ' - Carol Martin, Secretary Minutes approvedby:;�/ / 11Z Date: 17.v Thomas Wolfe, Chair 3