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ABC 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. 1 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. 2 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. 3 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-- 1 Thomas Wolfe, Chair 4