March 6, 2006 - 1:00 PM - County Board of Commissioners Meeting Minutes

10 413 Meeting of the Johnston County Board of Commissioners March 6 , 2006 1 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 6 , 2006 at 1 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour and Tony Braswell Absent None Also Present Rick J Hester , County Manager , April N Byrd , Clerk to the Board , John R Massey , Finance Officer , J Mark Payne , County Attorney and Deva C Holt , Deputy Clerk The Chairman called the meeting to order and the following business was transacted 1 Minutes Approved Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Tony Braswell and carried by unanimous vote , the Board approved the minutes for the February 6 , 2006 1 00 pm and 6 00 pm board meetings as presented 2 Public Comments No one spoke at this time 3 Department of Transportation – Additions to System The Board reviewed petitions presented by the North Carolina Department of Transportation requesting the following roads be added to the State Secondary System for maintenance Hilltop Drive and Mountain Laurel Drive – Highlands of Middle Creek Subdivision - Sections 1 & 2 – Elevation Township Commissioner W Ray Woodall moved the Board concur with the NC Department of Transportation’s request to add the above listed roads to the State Maintained System Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote 4 Criminal Justice Partnership – Authorization to Apply for Continuation of Implementation Grant County Manager Rick Hester requested the Board authorize the Criminal Justice Partnership Advisory Board to apply for a Continuation of Implementation Grant , in the amount of 109,534 , for FY 06 - 07 This grant is 100 funded by the NC Department of Correction Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner DeVan Barbour and carried by unanimous vote , the Board authorized the Criminal Justice Partnership to apply for a Continuation of Implementation Grant , in the amount of 109,534 , for FY 06 - 07 5 Johnston County Disabled American Veterans – Request for Funds for Van Replacement Ricky Byrd , Veterans Services Director , requested the Board approve funds , in the amount of 11,000 , to replace the old DAV van The van , a 1999 Ford Windstar , has 130,000 miles , and would be surplused in the spring The van is one of two used to transport veterans to doctors ’ appointments at VA hospitals in Fayetteville , Durham , and Winston Salem Mr Byrd noted that in 2005 the vans were used 235 days , an average of 196 days per month He requested a commitment for 11,000 from the Board so that staff could begin the process of ordering the new van County Manager Rick Hester recommended that , if approved by the Board , the request be added to the Veterans Services ’ budget for FY 06 - 07 He noted the County would receive the funds collected after surplus of the old van Page414 March 6 , 2006 – 1 00 pm Continued Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved a commitment in the amount of 11,000 for FY 06 - 07 to replace the old DAV van 6 Johnston Community College – Request for Supplemental Funding FY 05 - 06 Herman Kight , Dean of Administrative Services , requested the Board approve supplemental funds in the amount of 255,710 for Johnston Community College for FY 05 - 06 He noted that JCC’s initial budget request for FY 05 - 06 was 228,000 greater than the amount allocated by the Commissioners Mr Kight discussed several expenses that had been higher than their allocated budgets including electricity , supplies , repairs to facilities , and motor vehicle operations Commissioner Allen L Mims , Jr questioned if JCC had policies in place to adhere to the budgeted allocations He stressed that the Board could not raise taxes in the middle of the year or cut another agency’s budget to acquire supplemental funds Mr Kight stated that there were policies in place ; however , the supplemental funds were needed to cover expenses with higher than normal usages and costs , ie , gasoline prices , electricity , and telephone services In response to questions from Commissioner Jeffrey P Carver , Mr Kight stated that he annualized the percent expended thus far to determine the projected expenses for FY 05 - 06 , and realizes the figures may fluctuate some either way In regards to capital outlay , all funds are budgeted County Manager Rick Hester recommended that , if approved by the Board , the supplemental funds come from unappropriated fund balance Following discussion Commissioner Wade M Stewart moved the Board approve supplemental funds in the amount of 250,000 for Johnston Community College for FY 05 - 06 , and designated the allocation to come from unappropriated fund balance Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 7 Public Hearing – 1 15 pm – Dept of Commerce Community Dev Block Grant Program Advertised February 21 , 2006 The Smithfield Herald The Chairman opened the public hearing and stated the purpose of the hearing is to explain the Community Development Block Grant CDBG Program and obtain citizen input into the identification of community needs and desired CDBG activities Economic Development Director Michael de Sherbinin stated that the North Carolina Department of Commerce’s Division of Community Assistance and Commerce Finance Center administers the US Housing and Urban Development’s Small Cities Community Development Block Grant CDBG program The CDBG Program permits a wide range of economic and community development activities including acquisition , public facilities construction , loans to private businesses , housing rehabilitation , code enforcement , clearance , project planning and administration etc Applications for Economic Development must show that in excess of 60 of CDBG funds will provide benefit to low or moderate - income persons through new job creation or job retention Applications for other CDBG programs , with the exception of Urgent Needs funds , must show that in excess of 50 of funds will provide benefit to low or moderate - income persons Mr de Sherbinin noted that Johnston County may choose to seek funds during the upcoming year from the North Carolina Department of Commerces Small Cities Community Development Block Grant Program CDBG A second public hearing , specific to the project , would be required at that time Commissioner Cookie Pope questioned whether there was a wage restriction for jobs made possible by CDBG funds Mr de Sherbinin responded that minimum wage and some benefits would be required , however , each program would necessitate different parameters as it relates to wages There being no further comments , the Chairman closed the public hearing 8 Board of Elections – Request to Address the Board Office Space & Equipment Storage Page415 March 6 , 2006 – 1 00 pm Continued Gordon Woodruff , Chairman of the Board of Elections , appeared before the Board concerning the need for office space and equipment storage Elections has ordered 82 new voting machines , which should arrive within the next couple weeks Mr Woodruff stated that recently a State election official visited the County’s Election office and storage area to survey the available space , and determine if the situation met new requirements The State election official reported the current space available is not adequate for the new voting machines Mr Woodruff noted the County has qualified for State grants to purchase the new equipment , however , the State has hinted that grant money might be jeopardized if the County could not provide safe storage for the new equipment He thanked County Manager Rick Hester for his efforts to locate a new storage space In response to questions from the Board , Elections Director Teresa Davis stated the new storage space needs to be climate controlled and within two locked doors The State has agreed to allow the first shipment of new equipment , 41 machines , to be temporarily stored in the current location Following discussion , the Board agreed to immediately look into the matter 9 Surplus Property – Board of Elections Elections Director Teresa Davis requested the Board surplus the Optec Eagle III Voting Equipment , which consists of 43 tabulators , so that the equipment can be sold to another local government outside of NC Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board declared surplus the Optec Eagle III Voting Equipment , consisting of 43 tabulators , and authorized the equipment be sold to another local government outside of NC 10 Presentation by the Johnston County Fire Chiefs ’ Association Vice - President of the Fireman’s Association Paul Whitehurst provided a PowerPoint presentation giving an overview of the County’s fire service organizations and the types of services available He noted that the citizens of Johnston County rely on approximately 900 members to provide fire protection , emergency medical first response , rescue services , and public education Mr Whitehurst presented information on the size and population of each fire district , and analyzed the call volumes and trends over the past ten years He explained the Insurance Services Organization ISO rating system , and the impact the ISO ratings can have on fire insurance premiums Mr Whitehurst concluded the presentation by outlining several future challenges to the fire service organizations in Johnston County The challenges included the County’s growing population , higher demand for hydrant testing and building preplanning , additional training requirements , recruitment and retention problems , and increased operational cost ie , fuel , heating and utilities , shipping cost , apparatus and equipment cost , insurance Chairman Pope thanked Mr Whitehurst for the presentation and the fine job that he and others carry out for the citizens of Johnston County Ms Pope recognized the firemen in attendance at the meeting 11 Draft Voluntary Agricultural District Ordinance – Review & Discussion Whitley Stephenson , chair of the group working on the draft Voluntary Agricultural District Ordinance , requested the Board’s input on the draft ordinance presented prior to the meeting He stated the intent of the ordinance is to serve as a public awareness program to inform non - farm families of the activities that may take place on the farms throughout the county He noted that the group examined several ordinances from other counties across North Carolina Commissioner Allen L Mims , Jr offered several suggestions , and questioned the condemnation procedures outlined in the ordinance Ellen Sprague , vice - chair of the group , stated the ordinance requires the Voluntary Agricultural District Board to hold a public hearing before a property could be condemned ; the ordinance does not say the property cannot be condemned Commissioner Tony Braswell also offered suggestions to the group , and asked about the appointment process Page416 March 6 , 2006 – 1 00 pm Continued Ms Sprague responded the appointment process would follow the County’s policy She added the Voluntary Agricultural District Board would work with the Tax office and Technology Services department to make the agricultural district designations more identifiable to the public when searching land records In response to a question from Commissioner Wade M Stewart , Ms Sprague stated , in her opinion , the agricultural district designation should not lower the value of surrounding properties Commissioner Mims suggested the group present the ordinance to the Planning Board for their review and recommendation The Board agreed with Commissioner Mims ’ suggestion 12 Smithfield Parks & Recreation – Request Amendment to 2005 Recreation Grant County Manager Rick Hester stated that Smithfield Parks and Recreation has requested the Board amend the organization’s 2005 Recreation Grant to allow funds to be used on the following projects , rather than installation of shade canopies over bleacher areas as approved in the original grant application 1 repair the brick wall backstop and netting system on the baseball field , and 2 resurface the basketball and tennis courts Commissioner Allen L Mims , Jr stated the recreation grant applications are reviewed each year and the committee makes recommendations based on the entirety of the applications submitted He expressed concern that Smithfield’s grant was made for a specific project , and , in his opinion , the project should not be changed mid - year Commissioner Mims recommended that as fast as the County is growing the grants should fund new fields , rather than the maintenance of old fields Commissioner Jeffrey P Carver acknowledged the organization’s needs may have changed slightly , and moved the Board amend the 2005 Recreation Grant for Smithfield Parks and Recreation to allow funds to be used to repair the brick wall backstop and netting system on the baseball field , and resurface the basketball and tennis courts , projects not originally outlined in the grant application Commissioner DeVan Barbour seconded the motion , which carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Nays Commissioner Allen L Mims , Jr 13 Budget Amendments Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Tony Braswell and carried by unanimous vote , the Board approved the following budget amendments Criminal Justice Partnership FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51351410 Training 1,61600 10 51353200 Office Supplies 2,01600 TOTAL NET EXPENDITURES 3,63200 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 513534155 State Grant 3,63200 3,63200 TOTAL NET REVENUE Emergency Services BUDGET LINE ITEM REQUESTED CHANGE FUND CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 53003300 Departmental Supplies 25000 BUDGET LINE ITEM REQUESTED CHANGE FUND CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 530034144 Emergency Management 25000PagePage pageNumber5417 March 6 , 2006 – 1 00 pm Continued BUDGET LINE ITEM REQUESTED CHANGE FUND CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 53507050 Non - Major Capital Outlays 2,50000 BUDGET LINE ITEM REQUESTED CHANGE FUND CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 535036207 Grant Revenue 2,50000 Health FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59103300 Departmental Supplies 3,00000 10 59100210 Salaries Overtime 10124 10 59101400 Travel 3,50000 10 59101410 Training 1,00000 10 59103200 Office Supplies 80000 10 59105410 Workers Comp 2,50000 10 59101300 Utilities 29037 TOTAL NET EXPENDITURES 11,19161 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 591034155 Division of Environmental Health 11,19161 11,19161 TOTAL NET REVENUE Sheriff Juvenile Restitution Program BUDGET LINE ITEM REQUESTED CHANGE FUND CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 51304900 Other Fixed Charges 1,45400 BUDGET LINE ITEM REQUESTED CHANGE FUND CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 513034162 Restitution Revenue 1,45400 Social Services BUDGET LINE ITEM REQUESTED CHANGE FUND CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61101911 Carolina Power & Light Energy Neighbor Fund 7,05600 BUDGET LINE ITEM REQUESTED CHANGE FUND CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 610034123 Social Services Administration 7,05600 Tax Department BUDGET LINE ITEM REQUESTED CHANGE FUND CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 45004533 Penalties - MV - State 17,00000 BUDGET LINE ITEM REQUESTED CHANGE FUND CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 450032700 Tax Penalties 17,00000 14 Appointments Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board made the following appointments PagePage pageNumber6418 March 6 , 2006 – 1 00 pm Continued A Airport Authority – Reappointed Jimmy N Massengill , Sr , Dennis H Mack , and Leonard S Woodall for four year terms to expire March 31 , 2010 , and waived the length of service policy for Mr Massengill and Mr Woodall B Local Emergency Planning Committee SARA – Reappointed Darren Pruitt to represent the private sector , and appointed Bill Bass to represent Emergency Medical Services for two year terms to expire March 31 , 2008 C Fire Protection District Commissions - Archer Lodge - Waived the length of service policy and reappointed Kirby Donald Turner , Jr , David T Pace , and Joseph G Zimmerman for two year terms to expire March 31 , 2008 Blackmon’s Crossroads - Reappointed Danny Ray Eldridge , Jerry Lynwood Lee , and Michael D Adams for two year terms to expire March 31 , 2008 , and waived the length of service policy for Mr Eldridge Elevation - Waived the length of service policy and reappointed Jerry T Allen and James Estul Johnson , and appointed Robert West Barefoot for two year terms to expire March 31 , 2008 McLemore – Reappointed Linwood Jones , Art Watkins , and Elmer Wallace for two year terms to expire March 31 , 2008 Meadow - Waived the length of service policy and reappointed Samuel Neal Johnson for a two year term to expire March 31 , 2008 Strickland’s X - Roads – Reappointed James Massey , Thomas R Rhodes , and RM Hayes for two year terms to expire March 31 , 2008 Wilson’s Mills – Reappointed David Turnage for a two year term to expire March 31 , 2008 Wynn – Reappointed Stuart Allen , Charles D Pender , Jr , and Charles Barrett Stanley for two year terms to expire March 31 , 2008 Beulah – Waived the length of service policy and reappointed Ralph Pope for a two year term to expire March 31 , 2008 D Smithfield Firemen’s Relief Fund Board of Trustees – Appointed Mark H Stephens to fill an unexpired term ending October 31 , 2006 E Wynn Firemen’s Relief Fund Board of Trustees – Reappointed Horace Keene for a two year term to expire October 31 , 2007 F Criminal Justice Partnership Advisory Board – Reappointed Joy A Jones for a two year term to expire December 31 , 2007 G Emergency Food & Shelter Board – Appointed Sheila Jones to represent the Council on Aging for a two year term to expire December 31 , 2007 H Nursing Home Domiciliary Home Advisory Board – Appointed Dianne Heritage for a one year term to expire March 31 , 2007 I Rural Transportation Advisory Committee RTAC – Upper Coastal Plain Area RPO - At the request of the Selma Town Council , the Board confirmed the appointment of Councilman Jeffrey Weaver to represent the Town as its elected official on the RTAC , and confirmed the appointment of Councilman Gary Jackson as the alternate representative Commissioner W Ray Woodall moved the Board make the following appointments to the Board of Adjustments Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote J Board of Adjustments – Reappointed John R Suggs , Joe D Austin , Richard Cregar , and Kenneth Talton for three year terms to expire March 31 , 2009 PagePage pageNumber7419 March 6 , 2006 – 1 00 pm Continued Commissioner Tony Braswell moved the Board make the following appointments to the Economic Development Commission Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote K Economic Development Commission – Reappointed Kenneth R Jones to represent Wilson’s Mills and Allen Wellons to serve in the At - Large position for two year terms to expire March 31 , 2008 Commissioner Jeffrey P Carver moved the Board make the following appointments to the Micro Fire Protection District Commission Commissioner Tony Braswell seconded the motion , which carried by unanimous vote L Micro Fire Protection District Commission - Reappointed Johnny Jefferson Dixon , Percell Holland , Jr , and LC Smith , Jr for two year terms to expire March 31 , 2008 , and waived the length of service policy for Mr Dixon and Mr Holland Commissioner Allen L Mims , Jr nominated William B Franson for appointment to the Board of Health to serve in the pharmacist position Commissioner Wade M Stewart nominated Samuel L George for reappointment to the Board of Health for the same position The following vote was taken For William B Franson Commissioners Allen L Mims , Jr , Jeffrey P Carver , DeVan Barbour , and Tony Braswell For Samuel L George Commissioners Cookie Pope , Wade M Stewart , and W Ray Woodall M Board of Health – Appointed William B Franson for a three year term to expire March 31 , 2009 to serve in the pharmacist position 15 Presentation of Amended Letter of Conditions for Little River Water District – Phase I & Letter of Conditions for Little River Water District – Phase III Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board recessed regular session to sit as the Little River Water District Little River Water District – Phase I - Amended Letter of Conditions Mike Harris with USDA Rural Development presented an Amended Letter of Conditions for supplemental funding for Little River Water District – Phase I Due to bid overruns and the subsequent re - design of the initial project , the initial Letter of Conditions dated June 6 , 2005 has been amended to include additional funding , a USDA Rural Development loan not to exceed 245,000 Commissioner Allen L Mims , Jr moved the Board adopt the following resolution accepting the loan and grant funds for the Little River Water District – Phase I Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Resolution of the Board of Commissioners of the Little River Water District Johnston County , North Carolina BE IT RESOLVED That the Little River WD Board of Commissioners does hereby accept the conditions set forth in the Amended Letter of Conditions dated March 6 , 2006 , and the RUS Bulletin 1780 - 27 , Loan Resolution , dated March 6 , 2006 , and ; That the District’s Board of Commissioners will adopt an operating budget for the Town that will maintain a water rate schedule at rates sufficient to meet all budgeted operating , replacement , and debt service expenses , and the District may make modifications to the rate system as long as the rate schedule remains sufficient to meet budget requirements and That the Board Chairman and the Clerk be authorized to execute all forms necessary to obtain a subsequent loan and grant from the USDA Rural Development , Rural Utility Service including , but not limited to the following forms ; Form RD 1942 - 46 Letter of Intent To Meet Conditions RUS Bulletin 1780 - 27 Loan Resolution Form RD 1940 - 1 Request for Obligation of Funds That the District’s Board of Commissioners elects to have the interest rate charged by RUS to be the lower of the rate in effect at either the time of loan approval or loan closing ; and ,PagePage pageNumber8420 March 6 , 2006 – 1 00 pm Continued That if the interest rate charged by RUS should be changed between this date and the date of actual loan approval , the Chairman and Board Clerk be authorized to execute new forms reflecting the current interest rate and revised payments as required by RUS ; and , That this resolution become a part of the official minutes of the Board meeting held on March 6 , 2006 Little River Water District – Phase III - Letter of Conditions Mr Harris also presented a Letter of Conditions for supplemental funding for Little River Water District – Phase III USDA Rural Development has offered a 2,940,000 loan , and a 1,000,000 grant , given that Little River Water District will contribute 60,000 to the project Commissioner W Ray Woodall moved the Board adopt the following resolution accepting the loan and grant funds for the Little River Water District – Phase I Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote RESOLUTION OF THE BOARD OF COMMISSIONERS OF LITTLE RIVER WATER DISTRICT BE IT RESOLVED That the Board of Commissioners of the Little River Water District do hereby accept the conditions set forth in the Letter of Conditions dated March 6 , 2006 , the RUS Bulletin 1780 - 27 , Loan Resolution , dated March 6 , 2006 , and the RUS Bulletin 1780 - 12 , Water or Waste System Grant Agreement ; and That the Board of Commissioners will adopt an operating budget for the Little River Water District that will maintain a water use rate schedule at rates sufficient to meet all budgeted operating , replacement , and debt service expenses , and , the Little River Water District may make modifications to the rate system as long as the rate schedule remains sufficient to meet budget requirements ; and , That the Chairman and Clerk be authorized to execute all forms necessary to obtain a loan and grant from the USDA Rural Development , Rural Utility Service including , but not limited to the following forms ; Form RD 1942 - 46 Letter of Intent to Meet Conditions RUS Bulletin 1780 - 27 Loan Resolution RUS Bulletin 1780 - 12 Water or Waste System Grant Agreement Form RD 1940 - 1 Request for Obligation of Funds Form RD 400 - 1 Equal Opportunity Agreement Form RD 400 - 4 Assurance Agreement Form RD 1910 - 11 Applicant Certification Federal Collection Policies For Consumer Or Commercial Debts Form AD 1047 Certification Regarding Debarment , Suspension , and Other Responsibility Matters - Primary Covered Transactions and , copy of AD 1048 for use with Lower Tier Covered Transactions Form AD 1049 Certification Regarding Drug - Free Workplace Requirements Grants Alternative 1 - For Grantees Other Than Individuals RD Instruction 1940 - Q Certification For contracts , Grants and Loans That the Board of Commissioners of the Little River Water District elects to have the interest rate charged by RUS to be the lower of the rate in effect at either the time of loan approval or loan closing ; and , That if the interest rate charged by RUS should be changed between this date and the date of actual loan approval , the Chairman and Clerk be authorized to execute new forms reflecting the current interest rate and revised payments as required by RUS ; and , That this resolution becomes part of the official minutes of the Board of Commissioners of the Little River Water District meeting held on March 6 , 2006 Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board adjourned as the Little River Water District and regular session was resumed 16 Public Utilities – Request for Amendment to the Wilson’s Mills Municipal Transition Zone County Manager Rick Hester informed the Board that Linwood Jones , PLS , on behalf of the Daisy O Stevens ’ family , is requesting the County approve an amendment to the Wilson’s Mills Municipal Transition Zone MTZ The Stevens ’ family owns a 1985 acre land parcel ; 87 acres of the tract lies within the MTZ , and the balance is outside the MTZ Inclusion in the MTZ would qualify the tract for residential sewer service under the County’s Residential Sewer Service Policy Mr Hester noted the item is scheduled for discussion at an upcoming Planning Board meeting PagePage pageNumber9421 March 6 , 2006 – 1 00 pm Continued 17 Public Utilities – Request for Residential Sewer Allocation Changes by Son - Lan Development Public Utilities Director Tim Broome stated that Son - Lan Development is requesting to transfer 37,440 gpd of approved wastewater allocation from their “ Tetra multi - family project ” to the following other Son - Lan projects Jordan Ridge Phase 3 approved by Planning Board , Jordan Ridge Phase 4 not yet submitted to the Planning Board , and the “ Langdon ” tract on Cleveland Road submitted but not yet approved by Planning Board In addition , Son - Lan requests to return 720 gpd to the County for allocation to other developments County policy requires capacity to remain with the land , unless the requirement is waived by the Board of Commissioners to move the capacity from one site to another Son - Lan further requests a waiver of the PUD requirement for residential sewer service eligibility for Jordan Ridge Phase 4 and the Langdon tract under the County’s Residential Sewer Service Policy These two developments are located in the Outlying Residential Sewer Service Area ORSSA , which is approved for residential sewer service if available ; however , County policy states to qualify for residential sewer service in an ORSSA , the development must be zoned PUD or PDM Neither development meets the 100 acres needed to be a PUD Mr Broome noted that two other projects , Summerwinds on Glen Road at 40 42 and a development planned by 42 East Associates on 42 east of Clayton , are waiting for capacity Commissioner W Ray Woodall stressed the intent of the condition requiring capacity to remain with the land As he recalled , the Board wanted to ensure that developers could only obtain the capacity needed for specified projects , and could not move extra capacity from one site to another Following further discussion , Commissioner W Ray Woodall moved the Board reject the request from Son - Lan Development to transfer 37,440 gpd of approved wastewater allocation from their “ Tetra multi - family project ” to the other Son - Lan projects Commissioner Wade M Stewart seconded the motion , which carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , Allen L Mims , Jr , and W Ray Woodall Nays Commissioners Jeffrey P Carver , DeVan Barbour , and Tony Braswell 18 Tax Releases & Refunds – 1 16 06 - 2 15 06 Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Jeffrey P Carver and carried by unanimous vote , the Board approved the following tax releases and refunds for the period 1 16 06 to 2 15 06 Release Refund Report For Period 01 16 2006 thru 02 15 2006 Year Bill # Acct # Name Tran Type Paid 2005 0512 - 412078 0509 - 459152 LINDSEY - NAGY , MICHELE Release 12750 2005 0601 - 422323 0510 - 472944 ADAMS , MICHAEL TROY Release 22154 2004 0503 - 305214 0412 - 338264 DUBLIN , KENNETH R Overpayment 12683 2005 0511 - 406330 0508 - 445454 WASHINGTON , JR , JAMES A Release 15727 2005 0601 - 418480 0510 - 476438 CLIFTON , JAMES LANCE Overpayment 10057 2005 0511 - 400447 0508 - 447041 MOCK , STEVEN C Overpayment 22151 2005 0509 - 375428 0506 - 426216 BAREFOOT , GAYLE M Overpayment 25430 2005 0509 - 375431 0506 - 422857 BAREFOOT , RUSSELL L Overpayment 15611 2005 0511 - 400029 0508 - 453313 W L BAREFOOT & SONS INC Overpayment 28409 2005 0601 - 422422 0510 - 473796 EANNARINO , THOMAS J Release 10905 2005 0601 - 426506 0510 - 469214 PETEN , JR , JOSEPH LEE Release 12247 2005 0509 - 380178 0506 - 415472 CORBETT , TIMOTHY RAY Overpayment 41731 2005 0601 - 420628 0510 - 470867 MILLER , AMANDA SUE Release 16349 2004 0503 - 298350 0412 - 345335 PARKER , RANDY HARMON Release 11033 2005 0601 - 420725 0510 - 476186 NGUYEN , FARRAH W Release 28996 2005 0601 - 419333 0510 - 475933 BABB , MICHAEL GERALD Release 16859 2005 0507 - 348293 0504 - 400292 SNEAD , BRIAN EDWARD Tag Surrender 11167 2005 0601 - 424275 0510 - 471702 BRAGG , JERRY DEAN Release 12978 2005 0601 - 422603 0510 - 475014 MOODY , RALPH DOUGLAS Release 10355 2005 0601 - 419293 0510 - 473670 ANCKNER , WILLIAM H Release 22560 2005 0601 - 418019 0510 - 473979 DAILEY , SARAH LANDRY Release 10060 2004 0505 - 327732 0502 - 374177 WILLIAMS , TED ALAN Release 24641 2005 0510 - 388562 0507 - 439281 ANDERSON , II , CARROLL S Overpayment 13648 2005 0601 - 419700 0510 - 476008 COPCUTT , III , VINCENT W Release 12113 2005 0601 - 420096 0510 - 476196 GUERRERO , JR , RUBEN Release 15016 2005 0512 - 409290 0509 - 460038 GOODWIN , WENDELL B Release 13899 2005 0512 - 409600 0509 - 457705 JORDAN , JR , JAMES F Release 17363 2003 0308 - 089190 0305 - 092979 BAILEY , JR , ROBERT E Release 10185 2005 0601 - 422523 0510 - 471009 JONES , JACQUELINE S Release 12552 2005 0601 - 419180 0510 - 475120 WHITE , MARGARET ANN Release 25517 2005 0507 - 353466 0504 - 393739 COLLIER , RICKY LEE Tag Surrender 13094 2005 0508 - 369852 0505 - 409117 DCFS TRUST Tag Surrender 22632 Page0422 March 6 , 2006 – 1 00 pm Continued 2004 0504 - 310350 0501 - 352151 EVANS , RICHARD D Overpayment 11439 2004 0506 - 339176 0503 - 387397 WHITE , MEXI SALLIE Tag Surrender 11945 2005 0511 - 400360 0508 - 453459 JASSO , JOSE ALEJANDRO Overpayment 20403 2005 0509 - 371612 0506 - 419466 FISHER , TAMMY STEPHENS Overpayment 14629 2005 0601 - 422641 0510 - 472027 PRICE , ROGER GLENN Release 32263 2005 0601 - 422640 0510 - 470102 PRICE , PAMELA COUCH Release 22433 2005 0511 - 407007 0508 - 452178 CHASE MANHATTAN AUTO Overpayment 10141 2005 0512 - 410744 0509 - 463882 UZZLE , IV , GEORGE C Overpayment 12659 2005 0511 - 397081 0508 - 445116 DONNELLY , KAREN JONES Overpayment 14068 2005 0601 - 427823 0510 - 469032 MCCOMMONS , JR , WILLIAM Release 20688 2005 0512 - 414036 0509 - 465058 GODWIN , WILMA PEARCE Release 18996 2005 0601 - 419712 0510 - 473862 COTTON , MICHAEL RAY Release 18458 2004 0506 - 345025 0503 - 384258 NORMAN , DWIGHT L Overpayment 11481 2005 0507 - 351155 0504 - 399050 WARREN , APRIL ALISON Overpayment 13570 2003 0401 - 153136 0310 - 161705 BYRD , JUSTIN WADE Overpayment 15925 2003 0401 - 153136 0310 - 161705 BYRD , JUSTIN WADE Void Refund 15925 2003 0401 - 153136 0310 - 161705 BYRD , JUSTIN WADE Overpayment 15925 2003 0401 - 153136 0310 - 161705 BYRD , JUSTIN WADE Void Refund 15925 2004 0407 - 219065 0404 - 248418 CORBETT , TIMOTHY RAY Overpayment 12081 2005 0601 - 422618 0510 - 470051 NOWELL , STANLEY RUFUS Release 20349 2005 0510 - 391026 0507 - 439602 GALINDO , BERNARDO C Overpayment 33599 2005 0510 - 390852 0507 - 439761 CARRILLO CONSTRUCTION Overpayment 15553 2004 0504 - 310350 0501 - 352151 EVANS , RICHARD DOUGLAS Overpayment 10134 2005 0601 - 427207 0510 - 469956 CASEY , WILLIAM PATRICK Release 15966 2005 0601 - 424369 0510 - 471752 HADDOCK , MATTHEW K Release 22572 2005 0509 - 374719 0506 - 424898 SCHLINDWEIN , DENNIS J Overpayment 22775 2005 0508 - 365572 0505 - 413379 MIDGETT , BARBARA ANN Overpayment 23152 2005 0601 - 423398 0510 - 475612 WEST , JERRY RICHARD Overpayment 12129 2005 0601 - 423398 0510 - 475612 WEST , JERRY RICHARD Void Refund 12129 2005 0512 - 412990 0509 - 464304 WEST , SUSAN MICHELE Overpayment 13431 2005 0512 - 412990 0509 - 464304 WEST , SUSAN MICHELE Void Refund 13431 2005 0512 - 412990 0509 - 464304 WEST , SUSAN MICHELE Overpayment 13431 2005 0601 - 421253 0510 - 476157 THOMAS , RYAN EUGENE Release 14851 2005 0601 - 425076 0510 - 474437 JOHNSON , JON KELLY Release 12882 Real Personal Property Releases 1 17 2006 14 59 07 CATHY 2005 - 042719 2000016961 KENLY INDUSTRIAL PARK INC 130785 1 17 2006 15 50 01 JAMES 2005 - 006450 2000038025 BARROW , HERMAN RICHARD 22632 1 18 2006 9 03 12 SHEILA 2005 - 006974 2000099033 BAXLEY COMMERCIAL PROPERTI 164097 1 18 2006 9 18 06 JAMES 2004 - 045559 53517421 LEE , JIMMY K SR 79301 1 18 2006 14 46 58 SHEILA 2005 - 202876 2000072146 COZART , KAYE WEST 25283 1 18 2006 14 49 34 SHEILA 2005 - 202877 2000072146 COZART , KAYE WEST 25764 1 18 2006 14 50 30 SHEILA 2005 - 202878 2000072146 COZART , KAYE WEST 25764 1 18 2006 14 51 35 SHEILA 2005 - 202879 2000072146 COZART , KAYE WEST 25764 1 19 2006 11 59 37 JAMES 2005 - 027338 2000105325 FULL CIRCLE FOODS INC 45080 1 19 2006 15 35 50 SHEILA 2005 - 055788 2000098531 NC DEPT OF TRANSPORTATION 32144 1 20 2006 8 15 54 JAMES 2005 - 201366 15283465 BUSINESS INSURANCE MANAGEM 11196 1 20 2006 9 08 19 JAMES 2005 - 202037 2000116695 BARBOUR , ROBERT L 38876 1 20 2006 10 47 21 JAMES 2005 - 001187 2000023628 ALLEN , DEBORAH L 36629 1 20 2006 12 54 13 CATHY 2005 - 090075 2000114150 ALVAREZ , SHARON HOY 100895 1 20 2006 14 57 51 CATHY 2005 - 060070 2000029870 PEED , MARTHA O 10200 1 20 2006 15 12 38 CATHY 2005 - 078669 89721180 ULLERY , ROBERT R 15687 1 20 2006 15 35 40 CATHY 2005 - 202399 2000116899 GLOVER , LLOYD A 16742 1 20 2006 16 13 05 CATHY 2005 - 046344 53517421 LEE , JIMMY K SR 97684 1 23 2006 8 15 00 JAMES 2004 - 203158 2000109740 AGUERO , PEDRO 15600 1 23 2006 8 16 03 JAMES 2005 - 000775 2000109740 AGUERO , PEDRO 48794 1 23 2006 11 10 45 SHEILA 2005 - 055790 2000081091 NC DEPT OF TRANSPORTATION 18447 1 23 2006 12 05 11 JAMES 2005 - 021660 2000091674 DICKENS , DAVID 51660 1 23 2006 12 25 02 JAMES 2005 - 042810 2000091744 KENNEDY , SARA BELL LIFE ES 10811 1 24 2006 12 06 54 JAMES 2005 - 201280 2000115552 CHOPS STEAKHOUSE LLC 392139 1 24 2006 12 10 05 JAMES 2005 - 201281 2000115552 CHOPS STEAKHOUSE LLC 335251 1 24 2006 16 32 33 CATHY 2004 - 041990 2000016961 KENLY INDUSTRIAL PARK INC 130785 1 24 2006 16 43 08 CATHY 2005 - 034780 39897220 HOLDER , WILBERT 23609 1 24 2006 16 57 44 JAMES 2005 - 029132 2000112052 GONZALEZ , JESUS 18528 1 24 2006 16 59 59 JAMES 2005 - 202403 2000116904 GRIMSLEY , DONALD 13437 1 25 2006 9 10 44 JAMES 2005 - 076457 2000054663 TEMPLE , RICKY 18111 1 25 2006 16 46 21 SHEILA 2005 - 002414 2000098468 ARENDT WHETZEL REAL ESTATE 685543 1 26 2006 15 35 39 JAMES 2005 - 007781 2000105712 BENSON EMS INC 241331 1 26 2006 16 11 47 SHEILA 2005 - 042300 2000069178 K S BANK INC 107141 1 27 2006 10 33 42 SHEILA 2006 - 200165 4194780 BAILEY , C V JR 15322 1 27 2006 10 38 00 SHEILA 2006 - 200167 4194780 BAILEY , C V JR 49686 1 27 2006 10 39 00 SHEILA 2006 - 200168 4194780 BAILEY , C V JR 49686 1 27 2006 10 46 10 SHEILA 2006 - 200236 2000009082 COATS , KIRBY L 39475 1 27 2006 10 47 07 SHEILA 2006 - 200237 2000009082 COATS , KIRBY L 39475 1 27 2006 10 48 03 SHEILA 2006 - 200238 2000009082 COATS , KIRBY L 39475 1 27 2006 11 00 16 JAMES 2005 - 020515 2000031476 DAVIS , CATHY BARNES 92574 1 27 2006 17 02 47 SHEILA 2006 - 200199 2000117504 SCARBORO , EUGENE 16202 1 27 2006 17 18 33 SHEILA 2006 - 200200 2000101284 CASTLE MANUFACTURED HOMES 18434 1 31 2006 12 39 37 SHEILA 2005 - 022679 26370640 DUNN , LETA OLIVE HEIRS 34608 2 1 2006 9 39 31 JAMES 2005 - 006354 2000103566 BARNES , VIRGINA 14599 2 1 2006 9 41 59 JAMES 2005 - 202287 2000107220 REDDITT , THOMAS & JANET 10160 2 1 2006 10 22 49 SHEILA 2006 - 200276 93807240 WHEELER , ROBERT LEE 24528 2 1 2006 14 45 47 JAMES 2003 - 073269 2000086194 TERRAEDEN LANDSCAPE & 25918 2 2 2006 15 37 18 JAMES 2004 - 202547 2000107981 HAYES , CHARLENE BAREFOOT 54438 2 2 2006 15 38 23 JAMES 2005 - 032256 2000107981 HAYES , CHARLENE BAREFOOT 87241 2 3 2006 8 32 18 JAMES 2001 - 002019 2000081632 APPLEWHITE , EVELYN 20832Page1423 March 6 , 2006 – 1 00 pm Continued 2 3 2006 8 33 31 JAMES 2004 - 202973 2000081632 APPLEWHITE , EVELYN 23051 2 3 2006 8 34 30 JAMES 2004 - 202974 2000081632 APPLEWHITE , EVELYN 18330 2 3 2006 8 35 38 JAMES 2004 - 202975 2000081632 APPLEWHITE , EVELYN 15446 2 3 2006 8 36 49 JAMES 2005 - 002351 2000081632 APPLEWHITE , EVELYN 14573 2 7 2006 16 16 20 CATHY 2004 - 022467 26370640 DUNN , LETA OLIVE HEIRS 34608 2 7 2006 16 32 09 CATHY 2004 - 038186 2000090341 JOHNSON , CHASE 14999 2 7 2006 16 39 01 CATHY 2005 - 021218 24791180 DELAINE , JOSEPH WILBURN 48892 2 7 2006 16 51 05 CATHY 2005 - 010149 2000089697 BRADY , RICKY 11928 2 8 2006 11 40 54 JAMES 2005 - 080962 2000046884 WEATHERS , BOBBY R ESTATE 16956 2 8 2006 15 06 45 JAMES 2005 - 074748 2000093545 STRICKLAND , ROBIE LEE 12765 2 9 2006 11 15 38 JAMES 2003 - 084250 2000064490 WATSON , TREVOR 32635 2 9 2006 11 16 43 JAMES 2004 - 078921 2000064490 WATSON , TREVOR 37212 2 9 2006 11 17 31 JAMES 2005 - 080904 2000064490 WATSON , TREVOR 37212 2 10 2006 9 37 31 JAMES 2005 - 201472 2000116104 PICKENS , JOHN T A 11750 2 10 2006 9 42 31 JAMES 2005 - 089184 2000111235 BENNETT , MICHAEL SHANE 13993 2 10 2006 15 28 01 JAMES 2005 - 059750 2000074047 PAUL , JEFF 47173 2 10 2006 15 34 20 CATHY 2005 - 063991 2000107032 RAMIREZ , VICTOR 15203 2 10 2006 15 59 49 CATHY 2002 - 283954 2000093545 STRICKLAND , ROBIE LEE 19210 2 10 2006 16 02 22 CATHY 2003 - 071590 2000093545 STRICKLAND , ROBIE LEE 16020 2 10 2006 16 04 15 CATHY 2004 - 072859 2000093545 STRICKLAND , ROBIE LEE 15064 2 10 2006 17 02 56 SHEILA 2005 - 014793 2000092262 CASTANEDA , FIDEL 41922 2 14 2006 12 21 07 SHEILA 2006 - 200416 2000057943 BROWN , HOMER C LIFE EST 12013 2 14 2006 12 22 01 SHEILA 2006 - 200417 2000057943 BROWN , HOMER C LIFE EST 12013 2 14 2006 12 22 48 SHEILA 2006 - 200418 2000057943 BROWN , HOMER C LIFE EST 12013 2 15 2006 8 59 42 JAMES 2005 - 028541 2000043096 GLOVER , GREGORY S 12170 Real Personal Property Refunds 1 17 2006 15 11 10 JENNIFER 2005 - 087834 2000099685 GEORGETOWNE DEVELOPMENT LL 106680 1 18 2006 14 43 38 CATHY 2001 - 033969 2000039570 JACKSON , JOHN W T A 49129 1 19 2006 11 35 33 RENEE 2004 - 040481 2000064406 JONES , DONNA JEAN 62669 1 19 2006 14 57 17 CATHY 2005 - 043508 2000023109 KOLKMAN , DONALD W 143412 1 19 2006 14 59 22 CATHY 2005 - 034895 2000007315 HOLLAND , ERNEST 52479 1 20 2006 14 58 31 CATHY 2005 - 060070 2000029870 PEED , MARTHA O 10200 1 20 2006 15 13 44 CATHY 2005 - 078669 89721180 ULLERY , ROBERT R 15687 1 20 2006 15 36 13 CATHY 2005 - 202399 2000116899 GLOVER , LLOYD A 16742 1 20 2006 16 35 10 JENNIFER 2005 - 021557 2000089748 DEUCE INVESTMENTS INC 128467 1 23 2006 14 40 32 RENEE 2005 - 038150 2000066038 JCLU LIMITED PARTNERSHIP 32516 1 23 2006 15 41 49 JACKIE 2005 - 066934 2000100315 ROWLAND , BENNETT J JR 63825 1 23 2006 16 50 16 RENEE 2005 - 005706 7121160 BAREFOOT , MYRA JEAN 25685 1 24 2006 9 00 56 JENNIFER 2005 - 042586 2000007660 KEITH , JOHN MACON 48252 1 24 2006 14 39 10 JENNIFER 2005 - 084068 2000073030 WILLIFORD , ERNEST WAYNE 21806 1 24 2006 14 54 04 CATHY 2005 - 039880 2000049821 JOHNSON , KIM MAYNARD 70929 1 24 2006 16 44 08 CATHY 2005 - 034780 39897220 HOLDER , WILBERT 23609 1 24 2006 17 04 47 JENNIFER 2005 - 038817 2000005478 JOHNSON , BRENTON MALCOLM 11062 1 26 2006 9 01 36 JAN 2005 - 060918 2000071663 PETTIWAY , JOHN WESLEY 15687 1 26 2006 9 04 45 JAN 2005 - 084068 2000073030 WILLIFORD , ERNEST WAYNE 3912 1 26 2006 13 38 40 GREG 2005 - 010302 2000085822 BRANTLEY , C B 300 1 26 2006 14 59 26 CATHY 2005 - 010302 2000085822 BRANTLEY , C B 17925 1 26 2006 16 17 58 CATHY 2005 - 042300 2000069178 K S BANK INC 107141 1 30 2006 12 28 29 CATHY 2005 - 030342 2000028113 GUIN , ARLON D 26725 1 31 2006 13 21 09 TERI 2005 - 042758 2000064913 KENNEDY , DORIS G & 93890 1 31 2006 13 27 55 TERI 2005 - 089280 25045985 DENNING , PAMELA LANGDON 52394 1 31 2006 15 00 20 JAN 2005 - 058867 2000048823 PARKER , STEVEN D 38250 1 31 2006 16 30 04 JAN 2005 - 032525 2000065714 HEATH , KATIE 20176 2 2 2006 9 04 52 JENNIFER 2005 - 010583 2000052387 BRASWELL , STEVEN WADE 72471 2 2 2006 9 09 55 RENEE 2005 - 081555 93314790 WEST JOHNSTON MOBILE ACRES 14679 2 2 2006 13 17 43 TERI 2005 - 071149 2000041425 SON LAN DEVELOPMENT CO INC 93366 2 2 2006 13 18 18 TERI 2005 - 071232 2000041425 SON LAN DEVELOPMENT CO INC 87787 2 2 2006 14 46 41 JACKIE 2005 - 014117 2000088704 CAROLINA CRAFTSMAN INC 35273 2 6 2006 14 54 33 RENEE 2005 - 016916 2000009684 COLLINS , ROBERT WARREN JR 26505 2 6 2006 15 48 59 JENNIFER 2005 - 085885 2000034927 WOOLARD , PAUL L 75975 2 7 2006 16 18 14 CATHY 2004 - 022467 26370640 DUNN , LETA OLIVE HEIRS 34608 2 7 2006 16 21 39 CATHY 2003 - 021928 26370640 DUNN , LETA OLIVE HEIRS 34608 2 7 2006 16 33 56 CATHY 2004 - 038186 2000090341 JOHNSON , CHASE 15630 2 7 2006 16 40 51 CATHY 2005 - 021218 24791180 DELAINE , JOSEPH WILBURN 48892 2 7 2006 16 51 39 CATHY 2005 - 010149 2000089697 BRADY , RICKY 11928 2 8 2006 16 53 54 JENNIFER 2005 - 067772 2000030127 SANDERS , HELEN LOUISE 24291 2 10 2006 15 36 07 CATHY 2005 - 063991 2000107032 RAMIREZ , VICTOR 15600 2 14 2006 12 37 52 CATHY 2005 - 050531 57749951 MAYO , DWIGHT H 112367 2 14 2006 12 41 36 CATHY 2005 - 050537 2000075683 MAYO , DWIGHT H 58578 2 14 2006 12 45 14 CATHY 2005 - 050530 57749951 MAYO , DWIGHT H 334101 2 14 2006 12 47 37 CATHY 2005 - 050532 57749951 MAYO , DWIGHT H 311295 2 14 2006 12 49 31 CATHY 2005 - 050533 57749951 MAYO , DWIGHT H 25041 2 14 2006 12 52 04 CATHY 2005 - 050534 57749951 MAYO , DWIGHT H 13347 2 14 2006 12 53 51 CATHY 2005 - 050535 57749951 MAYO , DWIGHT H 19463 2 14 2006 12 58 22 CATHY 2005 - 050549 2000104911 MAYO , RONALD T 424 2 14 2006 12 59 27 CATHY 2005 - 050549 2000104911 MAYO , RONALD T 71689 2 14 2006 14 36 03 JENNIFER 2005 - 038136 2000093578 JBK PROPERTIES LLC 47990 19 Delinquent Tax Collection Report Tax Administrator Pat Goddard reported on the collection of delinquent taxes for the month of February , 2006 She noted that in addition to garnishments , and bank attachments , 15 foreclosure complaintsPage2424 March 6 , 2006 – 1 00 pm Continued were filed , and no demand letters sent , resulting in a collection of 44,38352 As of February 28 , 2006 , the Tax Department has collected 9613 of the real and personal levy for 2005 , and 7873 of the motor vehicle levy Through the NC State Debt Setoff Program , 387 accounts have been paid for a total of 37,26421 Ms nd Goddard stated a foreclosure sale is scheduled for March 22 , and real estate liens would be advertised the week th of March 10 20 Manager Reports and Comments A Update on County - wide Recreation Study County Manager Rick Hester stated the County’s recreation consultant has almost completed the county - wide study , and he anticipates a presentation on the matter in late spring 21 Request for Residential Sewer Allocation Mike Williams , real estate representative , requested approval of residential sewer allocation for property that he is listing for a client Public Utilities Director Tim Broome stated the property is located in the Outlying Residential Sewer Service Area ORSSA , which is approved for residential sewer service if available ; however , County policy states to qualify for residential sewer service in an ORSSA , the development must be zoned PUD or PDM Further , County policy requires 100 acres for a Planned Unit Development PUD ; the subject property is only approximately 80 acres The property is across the street from , and contiguous to two projects already approved for sewer service Following discussion , the Board agreed to look into the matter ; however , they encouraged Mr Williams to look into purchasing the additional acreage necessary to meet the 100 acres PUD requirement 22 Board Reports and Comments A Upcoming Board Retreat th Chairman Pope reminded the Board and staff of the retreat scheduled for Friday , March 10 from 8 30 am to noon at the County Agricultural Center 23 Closed Session – NCGS § 14331811 a 3 – Attorney Client Privilege – Potential Litigation & a 5 – Acquisition of Property Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Jeffrey P Carver and carried by unanimous vote , the Board recessed regular session to sit in closed session in accordance with NCGS § 143 - 31811 a 3 - Attorney Client Privilege - Potential Litigation & a 5 – Acquisition of Property No action was taken , and Commissioner W Ray Woodall moved the Board adjourn closed session and resume regular session Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote There being no further business , Commissioner W Ray Woodall moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote ____________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the BoardPage