Benson dissolves fire district

Benson TB October 20 2020

Benson dissolves fire district

By PETE KLEIN

BENSON—When the Benson Town Board met on October 20, it first held a Public Hearing without comment from the public on a resolution to dissolve the Benson Fire District and then passed the following resolution to dissolve the district.

Dissolution for the Benson/Northville Fire Protection District Pursuant to General Municipal Law Article 17-A

WHEREAS Title 3 of Article 17-A General Municipal Law authorizes the town board of a town upon its own resolution to dissolve a local governmental entity including a fire protection district; and

WHEREAS, on January 21, 2020, the Town Board of the Town of Benson, determined that the establishment of a joint fire district was in the public interest of the residents and property owners of the Town of Benson and thereby established the Northville Joint Fire District ("NJFD"); and

WHEREAS, upon the establishment of NJFD, the pre-existing Benson/Northville Fire Protection District was rendered no longer necessary for purposes of providing a taxable jurisdiction for the levying of fire protection taxes as that obligation and function was transferred to NJFD; and

WHEREAS, the Benson/Northville Fire Protection District no longer serves a viable purpose and may be dissolved, and

WHEREAS, on September 15, 2020, the Town Board of the Town of Benson adopted a Proposed Plan of Dissolution for the Benson/Northville Fire Protection District and scheduled a Public Hearing on the matter for October 20, 2020, and

WHEREAS, on October 20, 2020 following publication of the requisite statutory notices, a Public Hearing was conducted that allowed all interested persons a reasonable opportunity to be heard on any aspect of the proposed dissolution.

NOW THEREFORE, BE IT RESOLVED, following the completion of the Public Hearing, the Town Board of the Town of Benson hereby approves the "Governing Body Initiated Plan of Dissolution of the Benson/Northville Fire Protection District in the Town of Benson Pursuant to General Municipal Law Article 17-A" effective October 20, 2020, and

BE IT FURTHER RESOLVED that the Benson/Northville Fire Protection District is hereby dissolved pursuant to General Municipal Law Article 17-A.

OTHER RESOLUTIONS

The resolution to decommission the Highway Committee failed without any support.

A resolution to transfer funds because several accounts in the 2020 budget are over expended due to unforeseen legal expenses and the addition of a new highway employee was approved by all.

The board passed the following resolution authorizing the Supervisor/CFO to Create Account ZDB5680.401 Van Slyke Road

WHEREAS the ruling by Judge Slezak concerning Van Slyke Road will necessitate the expenditure of funds not anticipated on the 2020 budget for the Town of Benson, and

WHEREAS the Town will be required to account for these expenditures because they are part of an ongoing lawsuit filed by Frank and Elaine Fernandez against the Town, the Highway Department, and specific individuals, and

WHEREAS, the Supervisor/CFO has worked with the Hamilton County Treasurers’ office as part of our bookkeeping service to accurately account for the additional expenses, now, therefore, be it

RESOLVED, that the Supervisor/CFO be authorized to create the account number ZDB.5680.401 Van Slyke Road for the 2020/2021 budget and to transfer from the Unappropriated Fund Balance funds for expenses specific to Van Slyke Road as they occur. 

PUBLIC COMMENT PERIOD PROTOCOL

The board approved changing the public comment period protocol as follows: The Town Board will set an item on each agenda for public comments and questions. Except for the case of Public Hearings, the public comment portion of the meeting is the only time when comments or questions will be permitted by the public.

The public comment periods are designed for comments only. At the designated time, questions, comments and/or opinions may be taken by the Town Supervisor. Where appropriate, the Town Supervisor may direct the question, comment, or opinion to the appropriate person to respond.

Each speaker must state his or her name and the subject he or she will be addressing.

Each speaker during the public comment period is limited to speak one time, two minutes in length, which rule will be enforced by the Town Supervisor. Any request of extension of this time limitation must be made to the Town Supervisor who has the discretion to extend the time to speak. At the discretion of the Town Supervisor, speakers may be allowed to speak a second time once everyone has been allowed to speak once.

Speakers may submit comments and questions in writing before, during or after meetings. Lawful answers will be returned in writing by the Town Clerk within 30 business days.

Comments by speakers must be addressed to the Town Supervisor. Attendees may not address the Town Board until recognized by the Town Supervisor.

Any audio/visual or similar equipment to be used to support the comments or issues of a speaker must be approved by the Town Supervisor at least 24 hours before the regularly scheduled meeting.

Discussion between speakers and attendees of the public meeting or hearing is prohibited. A speaker may disagree with or support prior speakers in comments directed to the Town Board.

Comments must be related to legitimate town business.

Speakers should present their remarks in a courteous manner and may not make personal comments about public officials, town residents or others.

Placards, banners, or other signs are not permitted in meeting rooms, nor the distribution of flyers.

A person who disregards the directives of the Town Supervisor in enforcing the rules, disturbs the peace at the meeting, makes impertinent or slanderous remarks or generally conducts themselves in a boisterous or inappropriate manner while addressing the Town Board, could be barred from further participation and forfeit any balance of time remaining for their comments.

If after a final warning, the speaker refuses to step down, the Town Supervisor may request that a Police Officer remove the individual from the meeting room IAW §240.20 of the Penal Law, DISORDERLY CONDUCT.

All cell phones and pagers should be silenced.

Minutes will be revised at the discretion of the Town Clerk. If possible, comments regarding the minutes should be submitted to the Town Clerk before the Board meeting.

OTHER BUSINESS

Jeremy has not received his CDL license yet

George needs turn around on Van Slyke Rd.

Suydam cemetery plot on first row appears to have one more burial than it should.

Supervisor Stortecky thinks a purchase of computers for the board should wait till budget is finished

This article is based upon minutes provide by Jeanne Cox, Town Clerk.