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HomeMy WebLinkAboutABC MINUTES of February 19 2013 New Hanover County ABC Board Meeting Minutes February 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 February 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 Arch Jones, Colonel, NHC Sheriff's Department Jeff Blanding, Assistant Purchasing &Logistics Operations Manager Tiffany Allen,NHC Associate in Risk Management for Public Entities (ARM--P) Danny Meeks, Purchasing &Logistics Operations Manager Charles Boney, Principal, LS3P Associates, LTD Ashley Withers, Star 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 x IV. Approval of minutes from last meeting Ms. Martin presented the minutes from the last Regular Meeting of January 16,2013. Mr. Martenis made the motion to approve the minutes as written, with one correction, that Mr. Matthews made Mr. Martenis' nomination as the new Vice Chairman,Mr. Everett seconded, all approved. Ms. Martin presented the minutes from the Closed Session Meeting of January 16, 2013. Mr. Martenis made the motion to approve the minutes as written, Mr. Everett seconded, all approved. Ms. Martin presented the minutes from the Special Meeting of January 30, 2013. Mr. Martenis 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 deletion, item 3d. Delivery Vehicle, was made by Mr. Martenis, seconded by Mr.Wolfe, all approved. This item will be addressed in a future Board meeting. VI. New business a) Mr. Dickerson introduced Mr. Blanding to the Board and presented him with a plaque recognizing five years of continued service. Mr. Meeks iterated what a valuable asset Mr. Blanding is to the Board, and thanked him for his service. b) ABC Law Enforcement Officer's Unit Monthly (ALE)Report for January was presented by Col. Jones. Officers performed the following activities for the month of January, 2013: *653 Store Visits *301 Bank Deposits * 18 Change Deposits * 4 Video Investigations *Cited 14 "Underage Possession"ABC Law Violations *Cited 15 "Other Alcohol"ABC Law Violations *Cited 2 DWI&Implied "Other Offenses" *Cited 2 Traffic "Other Offenses" *Cited 2 Criminal "Other Offenses" *Assisted 6 ABC Law Agencies *Assisted 2 Controlled Substance Agencies *Performed 35 Bar Inspections *Performed 41 Business Compliance Checks *Engaged in 1 Training Hour Col. Jones asked the Board to consider budgeting $25k in FY2013-14 to purchase a used vehicle for ABC Law Enforcement. He noted that the sheriff's office makes such a request as the ABC vehicles near the 100k mile mark. c) Mr. Sykes presented the Board with Financial Statements for January 2013. The Balance sheet compared 01/31/2013 with 01/31/2012 figures and the Income Statement compared Actual January, 2013 to Budgeted January, 2013 figures. Mr. Sykes noted that for January Cash-in-Bank was up over$890k from the previous year, that Income from 2 Operations exceeded budget by$38k(17.12%), and that Change in Net Assets Before Profit Distributions was up over$36k. Mr. Sykes further noted that over$507k in profits were distributed to the County and Municipalities in January. d) Mr. Sykes requested that the Board make a motion to approve a Budget Amendment for the additional $100,000 profit distribution that was approved at the January 16, 2013 meeting. The profit distribution was made to assist with security at the County's Elementary Schools, and was over and above the $1,628,942 budgeted for the year. Mr. Martenis made the motion to approve the $100k budget amendment,Mr. Wolfe seconded, all approved. e) Mr. Sykes apprised the Board that the NC Association of ABC Boards had elected to endorse Electronic Payments Inc., (EPI) as its' preferred Charge Card Processing vendor. Mr. Sykes and staff met with both EPI and the Board's current vendor, Heartland in order to make an informed presentation to the Board. Mr. Sykes presented the Board with a spreadsheet, "Comparison of Charge Card Processors". Although EPI proposed a slightly lower transaction rate, the financial strength and stability of EPI could not be evaluated, and this was of concern to Mr. Sykes. The Board conferred with the evaluation and Mr. Martenis made the motion to enter into a new three (3) year agreement with Heartland,Mr.Wolfe seconded, and all approved. f) Mr. Sykes presented the Board with a Risk Management Services proposal offered by the County—a division of the County Attorney's Office. The mission of the New Hanover County Risk Management Department is "to effectively prevent, control, and minimize the risk of financial loss while providing exemplary service to employees, citizens, and subscribing entities through the administration of risk management, insurance, safety, claims, and loss control programs." Mr. Martenis made the motion to enter into a one (1) year contract for an expected fee of 4% of the Board's annual commercial insurance premiums. Mr. Wolfe seconded the motion, and all approved. 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. 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. Wolfe seconded, all approved. VIII. Return to Open Session It was stated that the Board had performed the necessary due diligence regarding a real estate purchase and was entering into a contract for both a land purchase and architectural services and that a media statement would be released immediately following the Board meeting. Minutes of the February 5, 2013 real estate committee were also presented to the Board in closed session. 3 Mr. Martenis made the motion to authorize the Chair (and/or Vice Chair) to execute the purchase contract for real estate (approximately 12.63 acres of raw land) located at 6009 Market Street and Judges Road in the amount of$1,200,000 plus related acquisition costs within 30 days. Mr. Everett seconded the motion, and all members approved. Mr. Martenis made the motion to authorize the Chair (and/or Vice Chair) to enter into a contract with LS3P Associates, Ltd for architect services for construction of a new ABC Complex at 6009 Market Street in the amount of $287,098 inclusive of the Master Plan design services. IX. Adjournment Mr. Martenis made the motion to adjourn the meeting; Mr. Everett seconded, and all approved. Minutes submitted by: e itV-4, Carol E. Martin, Secretary KMinutes approved byt * ,_. �z..r Date: - Kr--ZY Cedric Dickerson, Chair 4