Benson passes local law concerning civil actions against town

Benson TB July 16 2019

Benson passes local law concerning civil actions against town

By Pete Klein

The Benson Town Board held a public hearing on Local Law #3 Prior Written Notice of Defective Conditions of 2019. But no one from the public had any questions or objections to the local law, so the board closed the public hearing and unanimously adopted the following local law by resolution:

“Be it enacted by the Town Board of the Town of Benson as follows: This Law is enacted pursuant to the provisions of§ 64 of the Town Law of the State of New York. and shall be known as the Prior Written Notice of Defective Conditions Law of the Town of Benson, New York. Prior Notice Required for Civil Actions.

“No civil actions shall be maintained against the Town of Benson or Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, street, sidewalk, crosswalk or culvert was actually given to the Town Clerk or Town Superintendent of Highways, and there was a failure or neglect within a reasonable time to after the giving of such notice to repair or remove the defect, danger or obstruction complained of. No such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk or culvert, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of Highways and there was failure or neglect to cause such snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.

“Contents of notice. The notice required by this article shall contain the following: The full name and address of the claimant. The particular property of the Town and its location claimed to be defective, out of repair, unsafe, dangerous or obstructed. The time such condition was first observed or made known to the claimant. A statement of the particulars in which the property is defective, out of repair, unsafe, dangerous or obstructed.

“Service of notice. The written notice provided for by this article shall be served by personal service within the Town of Benson upon the Town Clerk or Town Supervisor and, in the case of highway property, upon the Town Supervisor and upon the Town Superintendent of Highways.

“Duties of Superintendent of Highways. The Town Superintendent of Highways shall transmit in writing to the Town Clerk, within five days after the receipt thereof, all written notices received by him pursuant to this chapter and Subdivision 2 of§ 65-a of the Town Law.

“Duties of the Town Clerk. The Town Clerk shall cause all written notices received pursuant to this chapter and Subdivision 2 of§ 65-a of the Town Law to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.

“The Town Clerk shall keep an indexed record, in a separate book, of all written notices which he or she shall receive of the existence of a defective, out of repair, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice or snow upon, any Town highway, bridge, street, sidewalk, crosswalk or culvert, which record shall state the date of receipt of the notice, the nature and location of the condition stated to exist, and the name and address of the person from whom the notice is received. The record of each notice shall be preserved for a period of five years after the date it is received.

“Severability. If any clause, sentence, sub-paragraph, subsection or section of this Local Law shall be held invalid by any court of competent jurisdiction, or the application of this Local Law to any person or set of circumstances shall be held invalid, such invalidity or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subparagraph, subsection, section or operation of this Local Law directly involved in the controversy in which the judgment shall have been rendered. To further this end, the provisions of this Local Law are hereby declared to be severable.

“Effective Date. This Local Law shall take effect immediately upon filing with the Office of the Secretary of State of the State of New York, in accordance with the applicable provisions of law, and specifically Article 3, Section 27 of Municipal Home Rule Law.

HEALTH INSURANCE BENEFITS PLAN

The following resolution was passed unanimously by the board, authorizing a Periodic Review of The Town of Benson Health Insurance Benefits Plan:

“WHEREAS, the Town of Benson offers employees and retirees health insurance benefits as a part of current or former employment with the town, and

“WHEREAS, the Town Board wishes to review these health insurance benefits periodically to ensure the continuing eligibility of those covered under the plan and to explore possible premium savings if available, and

“WHEREAS, the sole intent of this resolution is to enhance efficiency and promote fiscal prudence, not to reduce health insurance coverage benefits for current employees or retirees, be it

“RESOLVED, that the Town Board as a whole will review eligibility and costs associated with the Town of Benson health insurance benefits plan at least once a year or upon a life changing event requiring such a review. This review will be included as an addendum to the Town of Benson Employee Handbook, Chapters 604,605,606 and 607, as applicable.

MUNICIPAL GROUP SELF-INSURANCE PROGRAM

The following resolution was passed unanimously by the board, to Join Municipal Group Self-Insurance Program:

“WHEREAS, the Authorized Representative of the Town of Benson desires to secure the Town of Benson's obligation to provide volunteer firefighters benefit law, volunteer ambulance workers benefit law and workers' compensation benefits, as applicable, through participation  in a group self-insurance program of which the Town of Benson will be a member, The Authorized Representative of the Town of Benson , duly convened in regular session, does hereby resolve , pursuant to, and in accordance with the provisions of Section 50 of the New York State Workers Compensation Law and other applicable provisions of law and regulations thereunder, as follows: Section 1. The Authorized  Representative (hereinafter "Representative") of the Town of Benson does hereby resolve to secure the Town of Benson's obligation to provide volunteer firefighters ' benefit la w, volunteer ambulance workers' benefit law and workers' compensation bene fits, as applicable, through participation in a group self-insurance plan of which the Town of Benson will be a member;

“Section 2. The Representative of the Town of Benson does hereby resolve to become a member of Public Employer Risk Management Association, Inc., a worker’s compensation group self-insurance program for local governments and other public employers and instrumentalities of the State of New York;

“Section 3. In order to affect the Town of Benson ' s membership in said group self-insurance program, the authorized officer of the Town of Benson is hereby authorized to execute and enter into the Public Employer Risk Management Association Workers Compensation Program Agreement.”

POLICY AGAINST DISCRIMINATION AND HARASSMENT

The following resolution was passed unanimously by the board, authorizing the Town Attorney to contact and discuss the Town Policy Against Discrimination and Harassment with Peter Feldstein:

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 appoint a compliance officer in order to complete the official town policy on the matter, and

WHEREAS, the Honorable Judge Peter Feldstein {retired) has expressed an interest in the position but request clarification as to his legal status should he be appointed, be it

RESOLVED, that the Town Board does authorize the town attorney, Heidi Gifford, to contact Peter Feldstein and to discuss and clarify all legal issues related to this matter.

REPORTS FROM STANDING/SPECIAL COMMITTEES

Buildings, Grounds, and Emergency Services - David Pincombe and Doug Gregor have a list totaling $75,000 to discuss at committee day concerning needs of the Town Hall and Town Garage property. Dave Rogers prepared a list, also.

Highway/Transportation - Auctioned trucks to be gone soon and check will be arriving in approx. three weeks for them.

Cemetery Committee - Highway crew cut two trees on the bank at Holmes Cemetery as they were causing problem.

Historian Committee - Rubbings were taken from tombstones at the private cemetery on North Road

PUBLIC COMMENT

Frank Fernandez would like his written note placed in the minutes. The board voted to do as requested.

Ms. Vanselow spoke on behalf of Bioconservation, Inc. and the treatment of BTI in Benson.

Stortecky stated in reference to Phil Snyder’s letter Dated June 18 that there were no questions; only statements. He was asked to do his letter over asking questions as is necessary.

On May 6, 2019, Alice Kim, Charter Communications, sent the following e-mail to Supervisor John Stortecky after their conversation regarding Spectrum.

“Supervisor Stortecky, as you may recall, we spoke last month about the possibility of Spectrum expanding our services into the Town of Benson.

“After discussing things further with my construction group, any expansion plan in the Town of Benson have been placed on hold for further review.

“Should we wish to move forward in the future, I will be in touch and will plan on attending one of your Town Board meetings as was requested by you.

“I appreciate your time speaking to me about this matter.

Should you have any questions or concerns, please feel free to contact me.

“Thank you, Alice Kim”