Wednesday, September 25, 2019

Benson Town Board passes 9 resolutions

Benson TB Sept 17 2019


Benson Town Board passes 9 resolutions
By PETE KLEIN
BENSON—The Benson Town Board met on September 17, passing nine resolution and tabling several others
Resolution passed include the following.
POLICY AGAINST DESCRIMINATION AND HARRASSMENT
“WHEREAS, the Town of Benson intends to follow New York State law as it relates to discrimination and harassment in the workplace, and
“WHEREAS, the Town Board wishes to ensure a safe and secure work environment for all employees free from any and all forms of discrimination and harassment, and
“WHEREAS, the Town Board has reviewed and approved the Town of Benson Policy Against Discrimination and Harassment, now therefore be it
“RESOLVED, that the Town Board does adopt the Town of Benson
Policy Against Discrimination and Harassment and that the policy will be reviewed annually at the Town of Benson organizational meeting and updated as conditions warrant.”
APPOINTING TOWN ASSESSOR TO NEW 6 YEAR TERM
“WHEREAS, the present 6- year term for Town Assessor James Abbott will expire on October 1, 2019 and
“WHEREAS, the Town Board must appoint a Town Assessor every 6 years, now, therefore, be it
“RESOLVED, that the Town Board of Benson appoints James Abbott to a 6- year term effective on the expiration of his present term.”
Motion carried.
MAINTENANCE RESPONSIBILITY FOR THEURER ROAD
“WHEREAS, Theurer Road is a public road maintained by the Town of Benson, and
“WHEREAS, Theurer Road has been maintained by the Town of Benson and the public has had use for a period of 10 years and it qualifies as a “Highway by Use” under Section 189 of the Highway Law therefore becoming a public highway, and
“WHEREAS, Theurer Road is accessible to the general public except during scheduled periods for maintenance or special events, extreme weather, or emergency conditions, and
“WHEREAS, The Town of Benson accepts full legal and maintenance responsibility for Theurer Road, and
“WHEREAS, Theurer Road begins at the meeting centerline in the T intersection with NYS Route 30 and extends 0.12 miles to a turnaround, and
“WHEREAS, Theurer Road was previously in the Town of Benson Highway Inventory but was dropped off in 2015, and
” WHEREAS, the Highway Superintendent has included Theurer Road in the 2020 Town of Benson Road Maintenance and Improvement Plan, now, therefore, be it
“RESOLVED, that with this resolution the Board acknowledges and accepts full legal and maintenance responsibility for Theurer Road.”
Motion carried.
BENSON HIGHWAY DEPARTMENT VEHICLE REPLACEMENT PLAN
“WHEREAS, Highway Superintendent George Blowers has determined that in order to ensure the ongoing and long-term sustainability of the Town of Benson Highway Department a Vehicle Replacement Plan is necessary, and
“WHEREAS, the Highway Superintendent has considered the present and future condition of the Town of Benson vehicle fleet, and
“WHEREAS, the Highway Superintendent has analyzed the long-term maintenance costs of the vehicle fleet, and
“WHEREAS, the Highway Superintendent has performed a financial analysis of the benefits associated with the timely replacement of vehicles in order to mitigate or eliminate expensive repairs, and
“WHEREAS, the Highway Superintendent will periodically review and update the plan and inform the Town Board of changes, and
“WHEREAS, the Highway Superintendent understands the responsibilities of the Town Board and the fiscal constraints of the town budget, and
“WHEREAS, the Town Board wishes to maintain and improve the Town of Benson vehicle fleet to the best of its financial ability, now therefore be it
“RESOLVED, that the Town Board adopts the Town of Benson Vehicle Replacement Plan and that funding of the plan is contingent on monies dedicated to the plan, if any, during the yearly Town of Benson budget process.”
Motion carried.
CHANGE WOODS LAKE ROAD TO LAPLAND LAKE ROAD
“WHEREAS, Woods Lake Road is a public road owned and maintained by the Town of Benson, and
“WHEREAS, Woods Lake Road is accessible to the general public except during scheduled periods for maintenance or special events, extreme weather, or emergency conditions, and
“WHEREAS, The Town of Benson accepts full legal and maintenance responsibility for Woods Lake Road, and
“WHEREAS, Woods Lake Road begins at the meeting centerline in the T intersection with Storer Road and extends 0.27 miles to a turnaround, and
“WHEREAS, Woods Lake Road serves the Lapland Lake Nordic Vacation Center and is generally known as Lapland Lake Road, and
“WHEREAS, the Board has received a letter from Paul and Kathy Zahray of Lapland Lake Nordic Vacation Center with an attached letter from the Sheriff and Town Supervisor dated 1996 indicating an agreement renaming “Woods Lake Road” to “Lapland Lake Road”, now, therefore, be it
“RESOLVED, that with this resolution the Board officially changes the name of Woods Lake Road to Lapland Lake Road and acknowledges and accepts full legal and maintenance responsibility for the road.”
Motion carried.
ROAD MAINTENANCE AND IMPROVEMENT PLAN
“WHEREAS, Highway Superintendent George Blowers has determined that in order to ensure the ongoing and long-term sustainability of the Town of Benson road network a plan is necessary, and
“WHEREAS, the Highway Superintendent has considered the present and future condition of the Town of Benson road network, and
“WHEREAS, the Highway Superintendent has prioritized the repair and improvement of the Town of Benson road network, and
“WHEREAS, the Highway Superintendent has performed a financial analysis of the costs associated with the repairs and improvements required, and
“WHEREAS, the Highway Superintendent will periodically review and update the plan and inform the Town Board of changes, and
“WHEREAS, the Highway Superintendent understands the responsibilities of the Town Board and the fiscal constraints of the town budget, and
“WHEREAS, the Town Board wishes to maintain and improve the Town of Benson road network to the best of its financial ability, now therefore be it
RESOLVED, that the Town Board adopts the Town of Benson Road Maintenance and Improvement Plan and that funding of the plan is contingent on monies dedicated to the plan, if any, during the yearly Town of Benson budget process.”
Motion carried.
MAINTENANCE RESPONSIBILITY FOR OLD TANNERY ROAD
“WHEREAS, Old Tannery Road is a public road maintained by the Town of Benson, and
“WHEREAS, Old Tannery Road is accessible to the general public except during scheduled periods for maintenance or special events, extreme weather or emergency conditions, and
“WHEREAS, the Town of Benson accepts full legal and maintenance responsibility for Old Tannery Road, and
“WHEREAS, Old Tannery Road begins at the meeting centerline in the ‘T’ intersection with County Highway 6 and extends 0.09 miles (centerline miles) to the Hamilton/Fulton County line, and
“WHEREAS, Old Tannery Road was previously maintained by the Town of Benson Highway Department but was dropped for a time; and
“WHEREAS, the Benson Highway Superintendent had written his intention to resume maintenance of Old Tannery Road as per resolution 80-18 on November 20, 2018, now, therefore, be it
“RESOLVED that the Town Board hereby acknowledges and accepts full legal and maintenance responsibility for Old Tannery Road.”
VOTE: D. Gregor Aye, D. Pincombe Aye, J. Stortecky Aye, C. Biche No, D. Rogers No.
Motion carried.
MAINTENANCE WEST STONY CREEK ROAD SPUR
“WHEREAS, West Stony Creek Road Spur is a public road maintained by the Town of Benson, and
“WHEREAS, West Stony Creek Road Spur is accessible to the general public except during scheduled periods for the maintenance or special events, extreme weather or emergency conditions, and
“WHEREAS, the Town of Benson accepts full legal and maintenance responsibility for West Stony Creek Road Spur, and
“WHEREAS, West Stony Creek Road Spur begins at the meeting centerline in the ‘Y’ intersection with County Highway 6 and extends 0.08 miles (centerline miles) to the meeting centerline in the ‘Y’ intersection with C.R. 6A (a.k.a. Old County Highway 6 / West Stony Creek Road), and
“WHEREAS, West Stony Creek Road Spur has been continuously maintained by the Town of Benson Highway Department but has not been specifically shown on the Town of Benson Highway Inventory, now, therefore, be it
“RESOLVED that the Town Board hereby acknowledges and accepts full legal and maintenance responsibility for West Stony Creek Road Spur.”
Motion carried.
NAME ROADS IN BENSON FOR 911 AND DOT PURPOSES
“WHEREAS, Hamilton County will be assuming the responsibility of dispatching emergency services for 911 in Benson, and
“WHEREAS, the Town of Benson desires to ensure the safety of its citizens and acknowledges ambiguity in the present list of road names, and
“WHEREAS, it is incumbent on the Town of Benson Board to set the road names and center line miles of all roads, and
“WHEREAS, the Highway Superintendent will need to submit said names to the DOT, now, therefore, be it
“RESOLVED, that with this resolution the Board establishes for 911 purposes and the Department of Transportation the following road names and center line miles, starting on NYS Route 30 and proceeding West to the Fulton County line. Be it further
“RESOLVED, that in fiscal year 2020, the roads will be surveyed for accuracy and end points will be legally established.
Road names and centerline miles Theurer Road 0.12, River Road 1.23, West Stony Creek Road Spur 0.08, West Stony Creek Road 0.20, Hogan Road 0.22, Snell Road 0.40, Hunt Road 0.05, Chartier Road 0.59, North Road 1.15, Storer Road 0.69, Lapland Lake Road 0.27, Murray Road 0.09, Washburn Road 1.01, Godfrey Road 0.69, Grant Road 0.09, Washburn Road Spur 0.05, Sandner Road 0.11, Old Tannery Road 0.09.”
TOTAL 7.13.
VOTE: D. Gregor – Aye, D. Pincombe – Aye, J. Stortecky – Aye, C. Biche – Abstain, D. Rogers – Aye
Motion carried.
Only received fuel bid opened. It was from Bove Oil Co.  Bid was moved to be accepted.
TABLED:
Resolution authorizing funding in the 2020 Town of Benson budget for an additional highway dept. employee tabled.
Resolution appointing Judge Feldstein to the Town of Benson Compliance Officer position tabled.
Resolution authorizing return of unused funds for 2017 Freightliner truck accident repairs tabled.
The board tabled discussion on Public Comment Period.
LETTERS
A Letter from the Fulmont Community Action Agency, Inc. was read and entered into minutes. It read as follows: “We would like to take this opportunity to thank you for your recent monetary donation of $529 to Fulmont Community Action Agency. Inc- Northville. The money you donated will help provide aid to the socially and economically disadvantaged and is most appreciated.”
A Letter from Northville Central School District thanking the board for supporting the Advanced Fabrication Technology Pathway for the Northville Central School.
A Letter dated from Nancy Stortecky was read and entered into the minutes as follows: “I have a few comments to make regarding Judge Case.
Judge Case has a very stressful posit ion. She is overworked and underpaid. She is subject to the rules and regulations of the NYS Judicial system. She has stringent educational requirement s and testing on an annual basis that must be satisfactorily fulfilled to keep her position as Town Justice. She is very conscientious and thorough and goes above and beyond to perform her duties.
“There are 2 members of this board who have waged a vendetta against Judge Case. She has been forced to forfeit grant funds due to the actions of these 2 board members. These two board members should be ashamed of themselves. They both owe Judge Case an apology for undermining her authority and ability to perform her duties.
“I am proud to have Judge Case in our Court and all of you should be also. You have no idea how dedicated she is and how lucky we are to have her in this position!”

Editor’s note: This story is based upon the minutes provided by Benson Town Clerk Jeanne Cox.

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