HomeMy WebLinkAboutABC Minutes 06-19-2012 New Hanover County ABC Board
Meeting Minutes
June 19, 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 June 19, 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
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
Michael Miller, ABC Sales Associate
Shannan Bowen, Star News Media Staff Writer
Wilmington Police Officer Robert Gilbert
III. Call meeting to order
Mr. Wolfe read the following ethics reminder:
"In accordance with General Statute I8B-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.
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IV. Approval of minutes from last meeting
Ms. Martin presented the minutes from the last Regular Meeting of May 25, 2012. 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 May
25, 2012. Mr. Dickerson made the motion to approve the minutes as written, Mr.
Martens seconded, all approved.
V. Approval of proposed agenda
Motion to adopt the prepared agenda as written, with two additions: a Software Update
and Incentive Pay was made by Mr. Everett, seconded by Mr. Martenis, all approved.
VI. New business
a) ABC Law Enforcement Officer's Unit Monthly (ALE) Report for May was presented by
Colonel Jones. Officers performed the following activities for the month of May, 2012:
*671 Store Visits
*318 Bank Deposits
* 14 Change Deposits
* 2 Consent Searches
*Cited 5 "Underage Possession" ABC Law Violations
*Cited 3 "Unauthorized Possession" ABC Law Violation
*Cited 8 "Other Alcohol" ABC Law Violations
*Cited 4 Traffic "Other Offenses"
*Cited 3 Criminal "Other Offenses"
*Assisted 5 ABC Law Agencies
*Assisted 1 Controlled Substance Agencies
*Assisted 2 "Other" Agency
*Performed 34 Inspections
*Performed 23 Compliance Checks
Mr. Wolfe discussed with Colonel Jones the possibility of users of novelty (or fake)
identification cards having to relinquish their driver license for a period as is currently
the case in other states. Mr. Everett made the motion to authorize the Chair to pursue
this possibility for North Carolina via the North Carolina Association of ABC Boards;
Mr. Martenis seconded, all approved.
b) Mr. Sykes introduced employee Michael Miller to the Board.
c) Mr. Sykes apprised the Board of three (3) updates:
*Wilmington Police Officer Robert Gilbert replaces Detective Megan E. Reinhart
on the Joint Downtown Law Task Force
*The Board is invited to Bruce T. Shell's County Manager Retirement gathering
on June 29, 2012
*Mr. Wolfe was re-appointed as the Board Chair for another year and Mr.
Dickerson was reappointed for an additional three-year-term by the County
Commissioners.
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d) Mr. Sykes presented the Board with Financial Statements for May and Year-To-Date-
they compare Actual 2012 to Budget 2012 figures. Mr. Sykes noted that for May Income
from Operations exceeded budget by $111k (27.8%), and Gross Sales were ahead of
budget by $1.3 million (4.47%). Mr. Sykes further noted that Income from Operations
exceeded the budget by $773k (21.55%) Year-To-Date, and Net Income before
Distributions exceeded budget by $780k (21.58%).
e) Mr. Sykes presented the Board with his Latest Projections through Year-End, as of May
31, 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 wait until the close of the
Fiscal Year to decide on any additional profit distributions and at that time a year end
accrual would be made.
VII. Public Hearing
Public hearing was called to discuss the proposed budget under NC General Statute 18B-
702, paragraph (f):
Mr. Wolfe briefly discussed the purpose of the public hearing and opened the floor for
discussion. No one from the public attended the meeting, it naturally adjourned and the
regular board meeting resumed.
New business (Continued)
f) Mr. Sykes recommended that in accordance with NC GS 18-B-805(d) the Board request
approval from the Board of County Commissioners to restrict funds for any new facility
or facilities for the FY2012-13. A projected acquisition spreadsheet had been prepared
and distributed. Mr. Matthews made the motion to restrict funds for future expansion in
the amount of$2,555,950, Mr. Martenis seconded, all approved.
g) Based on the paragraph above, the Budget Document was changed to reflect the
additional funds for Capital Improvements; more specifically a building complex to
house an additional major LBD outlet, distribution center and administrative offices. Mr.
Martenis made the motion to accept the Budget Document for Fiscal Year 2012-2013 as
presented. Mr. Everett seconded, all approved.
h) Mr. Sykes presented the Board with the Public Officials and Employment Practices
Liability Insurance renewal. He recommended that the Board switch carriers to save
almost 11%. Mr. Martenis made the motion to authorize the Chair to execute the
appropriate documents to secure the insurance with Darwin National Insurance Company
for the period 07/14/12-07/14/13, Mr. Matthews seconded, all approved.
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i) Mr. Sykes presented the Board with his Proposed Recurring Board Meeting Activities for
the Fiscal Year 2012-13. It was decided that a Board Meeting would not be scheduled
for the month of August, 2012.
j) Mr. Sykes presented the Board with an extensive Financial Projection for 10 Years for
Operational and Strategic Planning. The planning tool has ten exhibits and an in depth
narrative, which include Major Assumptions he used to outline his vision for the Board's
future over the next ten years. Mr. Dickerson suggested the need for a second Board
Retreat to further discuss expansion alternatives. A date for the retreat was not
established.
k) The Board agreed to meet to present current County Manager Bruce T. Shell with an
appreciation plaque at his retirement ceremony on June 29, 2012. The time was to be
established pending additional information.
1) Mr. Sykes presented the Board with a request to upgrade seven (7) Microsoft Office
software licenses from the 2007 version to the 2010 version. The purchase would be
applied to the FY2012-13 budget. Mr. Dickerson made the motion to authorize staff to
make this upgrade at a cost of approximately $2,600; Mr. Martenis seconded, all
approved.
m) Mr. Sykes presented the Board with an Incentive Pay (One-Time Lump-Sum) plan for all
employees (full-time and part-time) who were employed as of 7/1/2011 and who have
worked the entire fiscal year. The reasoning for the incentive pay was because of a
significant reduction in operating expenses. He stated "I have never seen so many people
looking to improve any organization". Mr. Sykes exempted himself from the Incentive
Pay. Mr. Martenis made the motion to approve the one-time lump-sum incentive pay of
approximately $38,000 to be paid prior to fiscal year end. Mr. Everett seconded, all
approved. Mr. Wolfe stated that he would personally inquire of New Hanover County
Commissioner Chair Ted Davis the possibility of a one-time lump-sum for Mr. Sykes.
VIII. Adjournment
The next meeting is re-scheduled for July 10, 2012 (as opposed to July 17th). Mr.
Dickerson made the motion to adjourn the meeting; Mr. Martenis seconded, and all
approved. r
Minutes submitted by: 6,14t, 5, 6)1 (1-r->
Carol E. Martin, SF retary
Minutes approved by e$` OZ Date: 7— /V--
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Thomas Wolfe, Chair
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