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					Invocation: Ray Smith
                                                                Minutes
                                                            Town of Benson
                                                         Board of Commissioners
                                                          Tuesday, July 8, 2008
The Board of Commissioners of the Town of Benson met in a regular meeting on Tuesday, July 8, 2008, at 7
p.m. in the Benson Conference Center, with Mayor William W. Massengill presiding and the following
Commissioners present: Frederick D. Nelson, Jr., Ray G. Smith, Casandra P. Stack, Will T. Chandler, John R.
Bonner, and Douglas V. Oglesby. Also present were Town Manager Keith Langdon, Town Clerk Connie M.
Sorrell, Town Attorney Jim Johnson, Jr., Police Chief Kenneth O. Edwards, Jeremy Smith, Planning/Zoning
Administrator, Matt Smith, Parks and Recreation Director, Benjamin T. Murphrey, II, Downtown
Revitalization/Development Coordinator, Alan Johnson, Fire Chief, Public Works Director Gary Denton, and
Donna M. Honeycutt, Finance Director.

Call Meeting to Order
Mayor asked that a Closed Session be added as well as a Resolution 52-2008 to this Agenda.
ACTION
Ray G. Smith made a motion to amend the agenda with a closed session and add a Resolution. Frederick
D. Nelson, Jr. made a second to the motion that was unanimously carried.
Consent Agenda
    Minutes for May 22, 2008
    Resolution in support of an application to participate in the North Carolina Small Town Main Street
      Program. (Ben Murphrey polled Board by phone)

                                                            Town of Benson Resolution 45-2008
                                                                      RESOLUTION
                                          IN SUPPORT OF AN APPLICATION TO PARTICIPATE IN THE
                                          NORTH CAROLINA SMALL TOWN MAIN STREET PROGRAM
                                                                        2008-2009
WHEREAS; the North Carolina Department of Commerce, Division of Community Assistance, Office of Urban Development has established a Small
Town Main Street Program to provide technical assistance in downtown revitalization, utilizing the “Main Street Four-Point Approach” of Organization,
Design, Promotion and Economic Restructuring, to selected small towns in North Carolina; and
WHEREAS; several additional towns will be selected as “Small Town Main Street Communities” and will receive a more detailed level of service
incorporating all of the “Main Street Four Points”; and
WHEREAS; the Town of Benson wishes to apply to participate in the program; and
WHEREAS; The Town understands that to the extent feasible, the technical assistance and expenses for the Program technical staff will be provided by
the Department of Commerce at no charge to the Town; however, reimbursement for some travel related expenses may be requested of the Town; and
WHEREAS; the Town understands that a high level of community participation and commitment is required on the part of the Town and community in
order to ensure that the program is as successful as possible:
THEREFORE, BE IT RESOLVED; that the Town agrees to apply to participate in the Small Town Main Street Program and if selected will abide by the
following conditions:
      1. The Town will actively participate in the Small Town Main Street Program for an initial period of no less than twelve (12) months beginning
           July 1, 2008.
      2. The Town will designate a contact person in the community for the technical assistance team to coordinate with in order to provide continuity
           and leadership for the effort.
      3. The Town will assist in organizing a volunteer committee and working subcommittees that are representative of the entire community, to
           provide focus for the program.
      4. The Town will support the volunteer committee and will assist the committee and team in conducting a community assessment and community
           projects and any other necessary activities.
      5. The Town will cooperate with the technical assistance team and committee to develop a community vision and plan of action.
      6. The Town will implement the plan of action to the fullest extent possible.
      7. The Town will develop and actively participate in local and regional partnerships and networks, and share resources and information gained
           through the Program with other communities in the region.
      8. The Town agrees to consider reimbursement of certain travel related expenses if necessary to continue the Program, the request for such
           expenses to be submitted for approval prior to incurring them.

           ADOPTED BY THE TOWN BOARD of Benson THIS 26th DAY OF June, 2008.
       (SEAL)

       _____________________________                             _______________________________
       William W. Massengill, Jr., Mayor                         Connie M. Sorrell, Town Clerk, CMC
ACTION
Frederick D. Nelson, Jr. made a motion to approve the consent agenda. Ray G. Smith made a second to
the motion that was unanimously carried.
Public Comment
None

Public Hearing
RZ-2008-03: Rezoning request to rezone 5.667 acres located at the corner of Dogeye Road and NC
Highway 242 North from Residential -20 (R-20) to Office-Institutional (O-I). Tax ID: 01E09048H.
Owner/Applicant: Deannie Sasser Weaver.
Jeremy Smith, Planner, Zoning Administrator, explained the location, request and that the Planning Board
recommends approval of the RZ-2008-03.
William Johnson from Four Oaks spoke on the behalf of Deannie Sasser Weaver. He passed around some
pictures of the State Employee Credit Union. If this request is approved tonight he already has deposit and a
contract from Credit Union. One person is opposed to the request because of concerns of traffic and the buffer.
The engineers are working on a turning lane.
Opposition:
Monica Wood of Oak Park Drive spoke of concerns of traffic issues and buffers. The main issue for the
neighbors in the area is traffic patterns and the speed limit needs to be reduced. It was stated that they just want
it done right and they know growth is coming.
Jeremy B. Smith, Planning & Zoning Administrator, stated that she will have the opportunity to review the site
plan at a Planning Board.
ACTION
Motion was made by Ray G. Smith to approve request: RZ-2008-03: Rezoning request to rezone 5.667
acres located at the corner of Dogeye Road and NC Highway 242 North from Residential -20 (R-20) to
Office-Institutional (O-I). Tax ID: 01E09048H. Owner/Applicant: Deannie Sasser Weaver. Frederick D.
Nelson, Jr. made a second to the motion that was unanimously carried.
RZ-2008-04: Rezoning request to rezone 11.47 acres located near the intersection of Interstate 95 and
Interstate 40 from Residential Agriculture (RA) to I1 (Industrial-1). Tax ID: 01F09047H. Owner: Hixie J.
Pope Applicant: Patriot Outdoor.
Jeremy Smith, Planner, Zoning Administrator, explained location and stated that the Board was very familiar
with this since it had been before this Board several times requesting five billboards under Special Use Permit
and wanting to rezone additional land, 7.5 acres, because of more issues with the Department of Transportation.
It will still be for five billboards.
Warren Stancil of Selma stated this request was to appease the Department of Transportation (DOT).
Department of Transportation wanted a bigger parcel of land to support an industrial business, so that is why
they are back in front of this Board. The Board expressed their concerns that DOT still may not be satisfied. He
stated the attorneys have met from each side and even though industrial could actually go on the property they
plan to place five billboards.
Jeremy Smith stated he had emailed DOT and thought this would appease them. He assured the Board that all
the UDO procedures were followed.
Robert Moore from Patriot Signs stated DOT addressed the size and issues in reference to federal guidelines
and wanted to mirror the Sue Guin property which has been approved for billboards.
Hixie Pope thanked the Board for being patient and asked the Board for approval.
There was no opposition.
Hearing was closed.
ACTION
Will T. Chandler made a motion to approve RZ-2008-04: Rezoning request to rezone 11.47 acres located
near the intersection of Interstate 95 and Interstate 40 from Residential Agriculture (RA) to I1
(Industrial-1). Tax ID: 01F09047H. Owner: Hixie J. Pope Applicant: Patriot Outdoor. Douglas Van
Oglesby made a second to the motion and it was unanimously carried.
SUP-2007-04: Proposed extension special use permit for placement and construction of five billboards
on 11.47 acres located near the intersection of Interstate 95 and Interstate 40. Tax ID: 01F09047H.
Owner: Hixie J. Pope Applicant: Patriot Outdoor
Jeremy Smith, Planner, Zoning Administrator, explained special use permit to go with the rezoning that was
just approved for five billboards. The Planning Board recommended approval with the findings of staff report.
No one spoke in opposition.
ACTION
Fredrick Nelson made a motion to approve SUP-2007-04: Proposed extension special use permit for
placement and construction of 5 billboards on 11.47 acres located near the intersection of Interstate 95
and Interstate 40. Tax ID: 01F09047H. Owner: Hixie J. Pope Applicant: Patriot Outdoor. Fredrick
Nelson made a second to the motion that was unanimously carried.
Old Business
Consider petition requesting Non-Contiguous Annexation from Deannie S. Weaver and consider
Resolution 47-2008 directing the Clerk to investigate this petition received Under G.S. 160A-58.1. Parcel
#01E9048H
Jeremy B. Smith, Planning & Zoning Administrator, explained if the RZ-2008-03 rezoning request was
approved they wanted to be annexed to receive the town’s services. Resolution inserted below
                                                        RESOLUTION-47-2008
                                             DIRECTING THE CLERK TO INVESTIGATE
                                           A PETITION RECEIVED UNDER G.S. 160A-58.1
                                                              Deanne Sasser Weaver.
         WHEREAS, a petition requesting annexation of an area described in said petition was received on July 8, 2008 by the Board of
Commissioners; and

          WHEREAS, G.S. 160A-58.2 provides that the sufficiency of the petition shall be investigated by the Town of Benson Clerk before
further annexation proceedings may take place; and

          WHEREAS, the Board of Commissioners of the Town of Benson of deems it advisable to proceed in response to this request for
annexation:

           NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of Benson that:

           The Town of Benson Clerk is hereby directed to investigate the sufficiency of the above-described petition and to certify as soon as
possible to the Board of Commissioners the result of her investigation.

This the 8th day of July, 2008
                                                                                     _____________________________________
                                                                                            William W. Massengill, Jr., Mayor
ATTEST:
                      _______________________________________
                      Connie M. Sorrell, Town Clerk, CMC
                       ACTION
                       Ray G. Smith made a motion to adopt Resolution 47-2008 directing the Clerk to investigate this petition
                       received Under G.S. 160A-58.1. Parcel #01E9048H Frederick D. Nelson, Jr. made a second to the motion
                       that was unanimously carried.
                       Consider petition requesting Contiguous Annexation from Annie Hinnant, Power of Praise Tabernacle of
                       Deliverance and consider Resolution 49-2008 directing the Clerk to investigate this petition received
                       Under G. S. 160A-31. Parcel#01E10003R
                       Jeremy B. Smith, Planning & Zoning Administrator explained the map location and original owners want to
                       develop the property and have town services. Resolution inserted below:
                                                                                                                                                                                                                                       RESOLUTION 49-2008
                                                                                                                                                                                                                                      DIRECTING THE CLERK
                                                                                                                                                                                                                    TO INVESTIGATE A PETITION RECEIVED UNDER G. S. 160A-31
                                                                                                                                                                                                                        Annie Hinnant/Power of Praise Tabernacle of Deliverance
  WHEREAS, a petition requesting annexation of an area described in said petition has been received on this 8th ,day of July, 2008 by the Board of
  Commissioners; and

  WHEREAS, G. S. 160A-31 provides that the sufficiency of the petition shall be investigated by the Town Clerk before further annexation proceedings may
  take place; and

  WHEREAS, the board of Commissioners of the Town of Benson deems it advisable to proceed in response to this request for annexation;

  NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Town of Benson.
  That the Town Clerk is hereby directed to investigate the sufficiency of the above described petition and to certify as soon as possible to the Board of
  Commissioners the result of her investigation.

  Adopted 8th day of July, 2008

                                                                                                                                                                                                                                                                                                                                                                                  ______________________________
                                                                                                                                                                                                                                                                                                                                                                                  William W. Massengill, Jr., Mayor
  Attest:
                                                                                _____________________________ __
                                                                             Connie M. Sorrell, Town Clerk, CMC
                       ACTION
                       Casandra P. Stack made a motion to adopt Resolution 49-2008 directing the Clerk to investigate this
                       petition received Under G. S. 160A-31. Parcel#01E10003R. Frederick D. Nelson, Jr. made a second to the
                       motion that was unanimously carried.

                       Presentation on behalf of Johnston County Hospice Center Capital Campaign.
                       Ricky Young of Benson introduced Durwood Stephenson who was here in the place of Hector Perez.
                       Durwood Stephenson, Chairman of Johnston Memorial Hospital Foundation, presented information concerning
                       the capital campaign to build an inpatient and residential hospice center for Johnston County. He expressed
                       there was a growing need in our county for hospice home care services to terminally ill patients. His goal is to
                       get the whole county to commit and so far he has gotten six out of ten municipalities. He hopes to get the
                       building underway by March of 2009 with a three to five year commitment from the municipalities. There is no
                       set amount and any amount would be appreciated. Goldleaf has agreed to play a big part in this campaign. It is a
                       great location near the hospital in Brigham Park in Smithfield on eight acre site. It will be a total of 12,458
                       square feet and house eight private in-patient beds and four private residential beds.

                       Presentation on Wholesale rate increase by North Carolina Eastern Municipal Power Agency effective
                       August 1, 2008.
                       Ken Raber, Senior Vice President of ElectriCities explained that a rate increase should not be surprising in
                       these difficult times. We will work hard to educate the consumer. (ElectriCities power points presentation inserted below:

Recent Industry Issues                                                                                                                                                                                                               Industry Issues – Nuclear Fuel
                                                                                                                                                                                                                                     Nuclear Fuel Cycle
                                                                                                                                                                                                                                     Average Coal Commodity Spot Prices




Industry Issues - Coal Prices
        120

        110

        100

         90

         80

         70
$/ton




         60



                                                                                                                                                                                                                                     Industry Issues – Nuclear Fuel
         50

         40

         30

         20
                                                                                                                                                                                                                                     Historical Uranium Spot Prices
                                                                                                                                                                                                                                                                                            Historical Annual Average Uranium Spot Prices [1]
         10                                                                                                                                                                                                                                        140

          0                                                                                                                                                                                                                                        130
                       Apr-03




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                                                                                                                                                                                                                                                   120

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                                                                                                                                                                                                                                                   100

                                                                                                                                                                                                                                                    90

                                                                                                                                                                                                                                                    80
                                                                                                                                                                                                                                       $/lb U3O8




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                                                                                                                                                                                                                                      [1] Prices obtained from TradeTech at http:/www.uranium.info
Industry Issues – Nuclear Fuel
Recent Uranium Spot Price Projections                                                                                                                                                                 Relative Contributions to 14% Rate Increase
            $160
                                            Recent UxC Spot Price Projections
                                                                                                                                                                  Jan-06
            $140
                                                                                                                                                                  Apr-06
            $120
                                                                                                                                                                  Jul-06

            $100
U3O8 $/lb




                                                                                                                                                                  Oct-06

                                                                                                                                                                  Jan-07
             $80
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             $60
                                                                                                                                                                  Jul-07
             $40                                                                                                                                                  Oct-07

             $20                                                                                                                                                  Jan-08


              $0




Industry Issues – Fuel Prices
Recently Proposed Fuel Adjustment Increases



                                                                                                                                                                                                      Relative Contributions to 14% Rate Increase
PEC Monthly Supplemental Energy Rate vs.
NCEMPA All Requirements (AR) Energy
Rate
            60

            55

            50

            45

            40

            35
 $/MWh




            30

            25

            20

            15
                                                      Supplemental Energy Rate* - Actual
            10                                        Supplemental Energy Rate* - Previous Projections
                                                      Supplemental Energy Rate* - Current Projections
             5
                                                      NCEMPA AR Energy Rate (with Proposed 14% Increase Effective 8/1/08)

             0                                                                                                                                                                                        Summary of Rate Committee Recommendation
                          Apr-06




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                                                                                                                                                                                                                                                      Debt Service
                                                                                                                                                                                                                                                          14%




Components of Budgeted                                                                                                                                                                                       PEC System
                                                                                                                                                                                                           Average Energy
                                                                                                                                                                                                               Costs
                                                                                                                                                                                                                                                                    Mayo/Roxboro
                                                                                                                                                                                                                                                                       Coal
                                                                                                                                                                                                                                                                        14%


2008 AR Costs and Revenues                                                                                                                                                                                      44%




         700
                                                                                                                                                                                                                                                                 Nuclear Fuel
                                                                                                                                                                                                                                                                     11%
         600

                                                                                                                                                                                                                                                          Transmission
                                                                                                                                                                                                                            Interest Income O&M Capital        7%
         500
                                                                                                                                                                                                                                   4%        Additions
                                                                                                                                                                                                                                                6%
         400


         300


         200


         100


             0
Keith R. Langdon, Town Manager stated the Board needs to make a decision because the 14% cannot be
absorbed by the town. Historically the Board has increased the rates the same across the board instead of just
commercial or residential absorbing the cost. It is estimated that 10.4% increase percentage wise. We are not
looking at making any money; we just need to pass on the increase. It helps to be consistent and he suggested
doing away with the fuel rider because it was confusing. Several commissioners agreed the rate increase should
be done like in the past. We have been doing thing to save energy, such as education, load management and
supplying information to the public on tips how to save.
ACTION
Motion was made by Ray G. Smith to increase the energy cost 10.4% for all and to get rid of Fuel Rider
effective in August billing. Frederick D. Nelson, Jr. made a second to the motion that was unanimously
carried.
Discuss draft on Community Appearance Standards proposed by the Appearance Commission.
Jeremy Smith, Planner, Zoning Administrator, stated this proposal came from the Appearance Commission for
standard enforcement that is not addressed in our ordinances. He gave examples such as excessive items on the
porch or in the yard and properties that were not maintained. Helen Smith, Janet Matthews and Bonnie
Stephenson, members of the Appearance Commission, were present to answer any questions. He noted that
there was a right to appeal process and to be consistent they could change from five days to ten days.
ACTION
Motion was made by Ray G. Smith to proceed with a public hearing on Appearance Commission
Standards as proposed at the next meeting and to advertise 10 days prior. Jeremy B. Smith, Planning &
Zoning Administrator, asked the Board to see him if they had any questions. He explained that the
language was after the City of Cherryville, North Carolina. Frederick D. Nelson, Jr. made a second to the
motion that was unanimously carried.
Received letter of conditions for USDA Rural Development Loan Assistance.
Mike Harris stated that he and Buck Kennedy met in January to move forward on this finance package, which
is similar to the Fire Station package except it is the reclaim water project. The Rural Development loan, not to
exceed $886,000.00, a Clean Water Management Trust Fund Grant in the amount of $1,332,500.00 and a Rural
Center Supplemental Grant in the amount of $750,000.00 for a total project cost of $2,968,500.00. The loan
would be scheduled for repayment over a forty year period. Each installment would be due annually with the
first installment due one year following the date of the loan closing and each subsequent installment will be due
on the anniversary date of the loan. Reserves must be properly budgeted to maintain the financial viability of the
water system. Reserves are important to fund unanticipated emergency maintenance and repairs. The Town must
establish a reserve account in accordance with RUS to provide for at least one average annual loan installment.
The Town must formally adopt an Operating Budget and Sewer Rate Schedule and properly call a meeting of
the governing body. All federal, state and local requirements must be met.
Buck Kennedy summarized by saying he feels positive that this is good project and if anything comes from
Goldleaf that will be “icing on the cake”. This project would benefit agriculture in the area. The Town has not
put any money in the project, so we can withdraw or we can commit. The Town would be risking $36,000 for
the match.
Mayor William W. Massengill, Jr. stated we will hold a meeting at the end of October and that this project is
more than a nursery. There are a lot on prospects on that route.
Keith R. Langdon will apply for more grant money for stream repair at Hannah Greek for low match; need to
have the application in by February 2, 2009.
                                                             TOWN OF BENSON
                                                            RESOLUTION 51-2008
                                                Letter of Conditions/Loan Resolution 07-08-2008
BE IT RESOLVED:

That the Board of Commissioners of the Town of Benson do hereby accept the conditions set forth in the Letter of Conditions dated July 8, 2008,
the RUS Bulletin 1780-27, Loan Resolution, dated July 8, 2008, and

That the Board of Commissioners will adopt an operating budget for the Town of Benson that will maintain a sewer use rate schedule at rates
sufficient to meet all budgeted operating, replacement, and debt service expenses, and, the Town may make modifications to the rate system as
long as the rate schedule remains sufficient to meet budget requirements; and,

That the Mayor and Town 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
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
RD Instruction 1940-Q                     Certification For Contracts, Grants and Loans
Unnumbered                                Certification of Compliance

That the Board of Commissioners of the Town of Benson 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 Mayor and Town 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 Town of Benson meeting held on July 8, 2008.
                     Adopted this 8th day of July, 2008.

                                                               ________________________________
                                                               William W. Massengill, Jr., Mayor
ATTEST:

________________________________
Connie M. Sorrell, Clerk, CMC
Motion made by Ray G. Smith and seconded by Will T. Chandler to adopt the foregoing resolution. Motion passing 7 to 0.
ACTION
Motion was made by Ray Smith by approve the letter of conditions and Resolution # 51-2008 to accept
loan for $886,000. Will T. Chandler made a second to the motion and unanimously carried.
After a ten minute recess, went back in session.
Bobby Pearson from Not Just Another Community Center invited the Board to the 5th Annual Youth and
Family Community Day this weekend.
Consider request from Waste Industries, Inc. to renew agreement with Town of Benson for solid waste
collections.
Keith R. Langdon stated that Mr. Collins contract runs out in October and asked him to consider the new rates
as of July 1st. Atlantic Coast Contract allows a raise in rates because they could not control Land Fill fees
increase. Mr. Collins agreed to renew the contract at the new rates for two years based on the diesel fuel rates
not going over $4.95 gallon. Fuel rates are so unpredictable. Listed below is a survey of other rates for
surrounding municipalities. The fees will be on the light bills in August to recoup the increase cost. Even if we
bid out the garbage we would need to increase the solid waste. The cost is $15.50 now; we would need to go to
$17. The cost is reasonable compared to other towns. We would keep this contract until June 2009. If there is
enough interest for a recycle drop off site, this can be done at no extra cost. Mr. Langdon suggested keeping the
cost at $11 per container for curbside. We do not do dumpsters, they are contracted independently. Backyard
pickup would be $17 per cart. You can only get up to four carts per customer after that it is cheaper to use a
dumpster.
                                           CUSTOMER
      TOWN           COLLECTION COST                        RECYCLING                COMMENTS
                                         MONTHLY CHARGE
      ANGIER              $7.00              $8.50             NO
      COATS               $7.32              $9.00             NO
       DUNN               $6.00              $12.00            NO
      ERWIN              $12.05               $12.00           NO

    LILLINGTON            $7.24               $7.25            NO

                   $9.33 GARBAGE $3.85
                     RECYCLE     $2.85                                    RECYCLE PICKUP EVERY 2 WEEKS (64
     CLAYTON                                  $16.08           YES
                   YARD WASTE TOTAL                                               GAL CONTAINER)
                          $16.03
                                         $14.50 GARBAGE
                                                                          RECYCLE PICK UP ONCE A WEEK BY
    FOUR OAKS         COLLECT OWN         $4.25 RECYCLE        YES
                                                                                     CONTRACT
                                          TOTAL $18.75
      KENLY               $9.52               $11.75           NO
                     $12.89 GARBAGE
      SELMA           $1.40 RECYCLE           $18.00           YES          RECYCLE PICKUP ONCE A WEEK
                       TOTAL 14.29
                                                                            DROP OFF RECYCLE CENTER NO
    SMITHFIELD        COLLECT OWN             $13.00           YES
                                                                                        CHARGE
                                                                             If enough interest, a separate
                                                                          recycling contract can be negotiated
 BENSON PROPOSAL         $10.45           10.75 or $11.00      NO
                                                                            with Waste Industries at a later
                                                                                          date.

ACTION
Motion was made by Ray G. Smith to increase curbside per cart to $11, backyard per cart $17. Each
additional curbside cart would be $11 and each backyard cart would be $17. Douglas Van Oglesby made
a second to the motion that was unanimously carried.

ACTION
Motion was made by Frederick Nelson to enter into a two year contract as proposed with Waste
Industries. Our current contract allows us to extend the contract. Ray G. Smith made a second to the
motion that was unanimously carried.

Consider amendment to Animal Control Ordinance to include Animal Waste on public and private
property.
Keith Edward explained how it originated and suggested posting some receptacles with plastic bags at the
Grove and at the ballparks. Most of the complaints were from private property owners.
Will T Chandler suggested that the ordinance read referencing cats and dogs. Ordinance inserted below:
                                               Ordinance to Amend Town of Benson Dogs and Cats,
                                              Dog Bites-Duty of Owner Ordinance Chapter 91, # 91.27

WHEREAS, the Town do an amendment to the Ordinance in Chapter 91, # 91.27, titled Dogs and Cats, Dog Bites-Duty of Owner, to include an
owner’s responsibility for collecting animal waste, and

WHEREAS, Chapter 91, # 91.27(A) would pertain to Dog Bites, and 91.27(B) would pertain to animal waste, and

WHEREAS, Chapter 91, # 91.27(B) would pertain to Animal Waste and the Duty of Owner, and

WHEREAS, Chapter 91, # 91.27 B (1) Public Property - It shall be unlawful for the owner of any animal to fail or refuse to remove feces
deposited by the animal on any street, sidewalk, park, or other publicly owned area, and

WHEREAS, Chapter 91, # 91.27 B (2) Private Property - It shall be unlawful for the owner of any animal to fail or refuse to remove feces
deposited by the animal on any private property, and
WHEREAS, 91.27 B (3) Removal Mandatory, Duty of Owner – It shall be unlawful for any owner, accompanied by their animal, to leave their
personal property without being equipped to remove animal feces, and

WHEREAS, the owner must have in their possession a plastic bag, gloves, or some other means to remove deposited animal waste, while they are
away from their personal property, and

NOW THEREFORE IT BE RESOLVED WHEREAS it is in the best interest of the Town of Benson for Chapter 91, # 91.27, titled Dogs and Cats,
Dog Bites-Duty of Owner, to be amended for the best interest of our citizens, and

This Amended Ordinance was adopted this 8th day of July 2008 by the Town of Benson Board of Commissioners.




                                                                              William W. Massengill, Jr., Mayor
ATTEST:
                      _________________________________
                       Connie M. Sorrell, Town Clerk, CMC

ACTION
Motion was made by Frederick Nelson to adopt the amendment to the ordinance Chapter 91#91.27, titled
Dogs and Cats, Dog Bites - Duty of owner. Will T. Chandler made a second to the motion that was
unanimously carried.
Consider Resolution 46-2008 Revising Election District Boundaries
Keith R. Langdon recommended revising the election district because of the annexation. An attorney in
Raleigh will do it at no cost. We would transfer part of District 2 to District 3, which is logical. With this
resolution we will get a new map and notify the citizens before the next election in 2009. It is mandated to keep
the same number of people in the districts.
                                                                     Resolution 46-2008
                                                            Revising Election District Boundaries
            WHEREAS, the Benson Board of Commissioners consists of six members, three of whom are elected from districts; and
            WHEREAS, the three districts are subject to the requirement of one-person/one-vote, meaning that the districts must be nearly equal in
population; and
            WHEREAS, the district boundaries were mostly recently redrawn by the Board of Commissioners in July 2002 to account for changes in the
town’s population from the previous census; and
            WHEREAS, the Board of Commissioners is authorized and required by North Carolina General Statutes § 160A-23(b) to redraw district
boundaries to account for territory that has been annexed; and
            WHEREAS, the areas being annexed to the town pursuant to Ordinance adopted 12-27-2007 effective June 30, 2008, must be assigned to
election districts; and
            WHEREAS, the assignment of the annexation areas to districts requires that the existing district boundaries be adjusted so that the population
deviation among districts is within the range considered acceptable by the courts;
            NOW, THEREFORE, BE IT RESOLVED by the Benson Board of Commissioners as follows:
            1.          Annexation areas C, D, E and F adopted by Ordinance 12-27-2007 are assigned to District 1 for town elections beginning with
the2009 election.
            2.          Annexation area A adopted by Ordinance 12-27-2007 is assigned to District 3 for town elections beginning with the 2009 election.
            3.          The territory bounded by and enclosed within Main Street, North Farmer Street, West Hill Street and Wall Street, which consists of
three census blocks and which currently is assigned to District 3 pursuant to the redistricting resolution adopted by the Board of Commissioners on July 9,
2002, is transferred and assigned to District 2 for town elections beginning with the 2009 election.
            4.          The town planning department shall prepare a map showing the new district boundaries.
            5.          A copy of this resolution and the map showing the new district boundaries shall be retained in the office of the Town Clerk.
            6.          A copy of the map showing the new district boundaries shall be provided to the Johnston County Board of Elections with the
request that the board notify affected residents of Benson of the change in district boundaries.

ADOPTED the 8th day of July 2008.

                                                                   __________________________
                                                                          William W. Massengill, Jr., Mayor
ATTEST:
                      ______________________________
                       Connie M. Sorrell, Town Clerk, CMC
ACTION
Motion was made by Will T. Chandler to adopt Resolution 46-2008. Frederick D. Nelson, Jr. made a
second to the motion that was unanimously carried.
Consider renewing Benson Area Chamber of Commerce Lease.
Keith R. Langdon recommended keeping the lease the same and the rent at $350.00 a month.
ACTION
Motion was made by Ray G. Smith to renew the lease agreement for $350.00 a month with Benson Area
Chamber of Commerce. John R. Bonner made a second to the motion that was unanimously carried.
Discuss Town of Benson Comprehensive Planning Focus Groups schedule of meetings.
Town Manager Keith R. Langdon stated that Jeremy B. Smith did the bulk of scheduling. He plans to
schedule three meetings for each group and try to be through by December.
Jeremy B. Smith, Planning & Zoning Administrator stated there was flexibility in November and he will
change the August 7th meeting because of the ElectriCities Conference. There will be a facilitator for each
group. The following Commissioners agreed to serve on the following Focus Groups:
John R. Bonner/Economic                 Ray G. Smith/Crime              Frederick D. Nelson, Jr./Housing
Casandra P. Stack/Cultural              Douglas Van Oglesby/Corridors
Will T. Chandler/Appearance             William W. Massengill, Jr., Mayor /Technology
Jeremy B. Smith continued that the Crime date will be July 22, 2008. The Mayor will draft a letter to be sent
out. He asked the Board to contact him or Keith R. Langdon if they would like to be added to a group.

Financial Report for May 2008.
Donna M. Honeycutt, Finance Director, stated May is a clean report and she will be finalizing June and have
the adjustments at the next meeting.
ACTION
Frederick D. Nelson, Jr. made a motion to approve the May 2008 Financial Report. Douglas Van Oglesby
made a second to the motion that was unanimously carried.
Department Heads Report
Finance Director Donna M. Honeycutt reported the audit should not be delayed like last year.
Jeremy B. Smith, Planning & Zoning Administrator reported he attended the census kickoff meeting in Raleigh
and there was a large turnout. Department Of Transportation is going to hire a full time Transportation Planner.
Chief Alan Johnson reported he was excited about becoming the new Chief. The Fire Department fund raiser
was a success. Eagle Scout Russell Thornton’s project was to landscape the Fire Department.
Matt Smith reported the grant money from Johnston County was being used for the gym floor and for such
things as backstops. He thanked the fire and the police department for helping make the July 4th celebration a
success. They gave away seventy bicycle helmets that were donated by DOT. He has special registration
scheduled and transportation provided for the Housing Authority residents for Pop Warner football and
cheerleading. Mrs. Edge has agreed to pay a portion of the fees so children can play for free.
Chief Kenneth O. Edwards reported he will prepare signage on animal waste ordinance. He plans to close
streets off for Mr. Pearson’s Family Day. The police department participates on several different levels.
Will T. Chandler asked about Mule Days planning and Chief Edwards will report on this at the next meeting.
Benjamin Murphrey reported about applying for the NC Small Town Main Street Program and the Resolution
45-2008 was polled on the phone and approved by the Commissioners. Twelve NC towns applied and we should
know in about two weeks, but first time approval is rare. He went over several things he has done such as
passing out several property owners’ packets. He explained his plans for movie night in the Singing Grove. He
went over the details and would like to purchase a screen. As a way to recoup the cost of the screen, it could be
rented out. An additional cost is licensing per movie from $150-$500. Parks and Recreation would help with the
expenses by getting sponsors. He recommended purchasing the inflatable screen.
Keith R. Langdon stated the money would come out of the Economic Development Budget. It was agreed that
this was something families could enjoy.
ACTION
Ray G. Smith made a motion to purchase the inflatable screen plus shipping. Frederick Nelson, Jr. made
a second to the motion that was unanimously carried.
Resolution 52-2008 to increase the members on the Benson Housing Authority (BHA). Inserted below:
Ray G. Smith expressed that he was concerned that the Benson Housing Authority (BHA) Board was not aware
of this request and felt it should come from Benson Housing Authority Commission. He felt this was done in
haste and he made it clear that he was not against increasing the Board but the way it was being done.
Casandra P. Stack and Frederick D. Nelson, Jr. expressed their concerns about the Benson Housing
Authority (BHA) and thought increasing the board would improve the conditions and make it better.
Willard Donnell Bell, BHA Commissioner stated the Board members would welcome additional members to
change from seven to nine. He spoke negatively about the BHA Director and Board. He thought they were not
acting in the best interests of the residents. He felt that increasing the members would help with making up
committees and resources.
Will T. Chandler was concerned this would be sending a somewhat negative message to the directors of the
BHA, and the town representative does not need any miscommunication. He also was not comfortable
addressing this issue without the BHA Board’s knowledge of the Resolution.
Frederick D. Nelson, Jr. stated this Board doesn’t need to “keep its head in the sand” and this resolution was
offered in good faith. We have to do something and take part.
Casandra P. Stack was the one who asked for this Resolution to be considered and slyness was not intended.
Douglas Van Oglesby’s impression was to aide a helping hand.
Mayor William W. Massengill, Jr. stated there are some problems at the BHA, and he did not know what
HUD plans to do, but he could appoint members to the BHA.
Town Attorney Jim Johnson suggested bringing the concerns up to the board and the directors, because we
have a reputation on how we address this issue.
                                                               Resolution-52-2008
                                                 Enlarge the Board of Benson Housing Authority

WHEREAS, the Benson Housing Authority was establish in 1961 with a Board of Commissioners, comprised of five (5) members; and

WHEREAS, pursuant to G.S. 157.5, the Benson Town Commissioners may by Resolution increase the size of the Benson Public Housing Authority
Board from no less than five (5) members to no more than eleven (11) members; and

WHEREAS, the responsibilities of the current seven (7) members Benson Housing Authority Board are ever-increasing, and
THEREFORE, BE IT RESOLVED THAT, the Board of Commissioners of the Town of Benson does hereby increase the Board of Commissioners of
the Benson Housing Authority from seven (7) to nine (9) members, effective immediately and directs that the Mayor of the Town of Benson to appoint
citizens to the newly created positions of the Benson Housing Authority.

This Resolution 52-2008 was adopted this 8th day of July 2008 by the Town of Benson Board of Commissioners.

                                                                           ___________________________
                                                                           William W. Massengill, Jr., Mayor
Attest:
           _______________________________
           Connie M. Sorrell, Town Clerk, CMC
ACTION
Ray G. Smith made a motion to table the Resolution until the BHA was notified of the request. Motion
was made a second after much discussion. The motion failed to table the Resolution with vote being: Ray
G. Smith and Will T. Chandler voting for the motion and John R. Bonner, Frederick D. Nelson, Jr. ,
Casandra P. Stack and Douglas Van Oglesby voting against the motion.
William Massengill also was opposed because the BHA Board was not aware of the resolution. Even though
this board can create more board members he wanted to be transparent as possible. He agreed with
Commissioner Ray G. Smith and Will T. Chandler.

ACTION
Frederick D. Nelson, Jr. made a motion to approve the Resolution 52-2008 to increase the members from
7 to 9 members on the BHA. Douglas Van Oglesby made a second to the motion that was majority carried
with Ray G. Smith and Will T. Chandler voting against the Resolution because BHA and HUD were not
aware of it.
Town Manager Report
Keith R. Langdon reported a check presentation from the Rural Center will be Tuesday at 9 a.m. on July 15,
2008. We received three bids for the Middle School roof and he hopes to have the finals of the bids by next
week. He asked who was going to ElectriCities Conference.

Town Attorney Report
None

Commissioners Report
Will T. Chandler report that the Food Bank was empty and needs food.

Mayor Report
None

Closed Session GS 143-318.11(a) (2)
ACTION
Will T. Chandler made a motion to go into Closed Session under GS 143-318.11(a) (2). Frederick D.
Nelson, Jr. made a second to the motion that was unanimously carried.
ACTION
Will T. Chandler made a motion to go back into regular Session. Frederick D. Nelson, Jr. made a second
to the motion that was unanimously carried.
ACTION
Ray G. Smith made to accept loco. John R. Bonner made a second to the motion that was unanimously
carried.
Adjournment
ACTION
Will T. Chandler made a motion to adjourn. Frederick D. Nelson, Jr. made a second to the motion that
was unanimously carried. Adjournment was at 11:45 p.m.
Respectfully,


_________________________________                       _________________________________
Connie M. Sorrell, Town Clerk, CMC                      William W. Massengill, Jr., Mayor

				
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