Saturday, September 26, 2020

Benson raises American Flag

 Benson TB September 15 2020

Benson raises American Flag


BENSON—When the Benson Town Board met on September 15, it passed several resolutions including one to put the American Flag back to Full Staff as follows.


WHEREAS, on April 8, 2020 Governor Andrew Cuomo directed flags on state government buildings to be flown at half-staff in honor of people who died because of COVID-19, and

WHEREAS, as of September 15, 2020, our flag has been at half-staff for 161 consecutive days, during which both Memorial Day and 9/11 occurred without us lowering the flag to honor those who died as a result of war and a terrorist attack on our country, and

WHEREAS the Lake Pleasant Town Board unanimously approved their resolution #85 PUTTING THE FLAGS BACK UP TO FULL STAFF when they met on August 17, 2020, and

WHEREAS, the Benson Town Board stands with the Town of Lake Pleasant and wishes to support our fellow patriots, now, therefore, be it

RESOLVED, that our flag, representing the United States of America, will immediately on passage of this resolution be raised to full staff where it belongs.

Motion carried.


Mr. Horton asked why the town was being put through the expense of a survey for VanSlyke Rd?

Supervisor John Stortecky told him it was on the advice of the Attorney, Hamilton County Soil and H2O, and FEMA.

Horton asked, “Why replace culvert?”

Stortecky said, “It is what Hamilton County DPW and others advised to be done.”

Congressman Robert Smullen took some questions from the public and briefly explained the financial situation in NYS. He remained for the major duration of the meeting.


WHEREAS the New York State Legislature enacted General Municipal Law §3-c which establishes a limit upon real property tax levies by local governments, and

WHEREAS, pursuant to General Municipal Law §3-c (5), a local government may adopt a budget in excess of the tax levy limit only if the governing body of such local government first enacts a local law to override the tax levy limit for the coming fiscal year only, and

WHEREAS the Town of Benson NY Town Board not yet finalized the fiscal year 2021 budget and may need the flexibility to exceed the property tax cap if it is deemed necessary.

NOW THEREFORE, BE IT ENACTED by the Town of Benson NY, Town Board, as follows:

Section 1 Legislative Intent The Benson Town Board has determined that it is important to maintain flexibility in  the process of finalizing the fiscal year 2020 budget, and it may be necessary to override the limit on the amount of real property taxes that may be levied by the Town of Benson for the coming fiscal year 2021.

Section 2 Override of Tax Levy Limit Upon the adoption of this local law, the Town Board is hereby authorized to override the tax levy limit for the coming fiscal year 2021, if the Board deems it necessary for the Town of Benson to adopt a budget for the fiscal year 2020 which may require a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c.

Section 3 Legal Authority The authority to override the tax levy limit is authorized by General Municipal Law §3-c (5), which expressly authorizes a local government to override the tax levy limit for the coming fiscal year 2021 by the adoption of a local law approved by a vote of sixty percent (60%) of the total voting power of its governing body, the Benson Town Board.

Section 4 Effective Date This Local Law shall take effect immediately, in accordance with the provision of the Municipal Home Rule Law of the State of New York. Approved.


RESOLVED, by the Town of Benson Board that Retention and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein, and be it further 

RESOLVED, that in accordance with Article 57-A: Only those records will be disposed of that are described in Retention and Disposition Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention periods described therein; Only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods. Approved.


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 in a clearly defined manner 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 Deputy Treasurer of Hamilton County, part of our bookkeeping service, to accurately account for thousands of dollars in additional unforeseen expenses for the Town, now, therefore, be it

RESOLVED, that the Supervisor/CFO be authorized to create and fund the following new account numbers in the amounts listed for the 2020 budget, and to transfer unappropriated funds from the Highway Fund ZDB. and General Fund ZAB. as follows:

ZDB.5680.101 Personnel $0.00; ZDB.5680.801 Fringe Benefits $0.00; ZDB.5680.201 Equipment $0.00; ZDB.5680.401 Surveying $15,000.00; ZDB.5680.402 Engineering $25,000.00; ZDB.5680.403 Road Construction $0.00 GPI; ZDB.5680.404 Bridge/Culvert $0.00 GPI; ZDB.5680.405 Equipment Rental $0.00; Benson Highway workers Debit ZDB.5680.101.Credit ZDB. their payroll line; Benson Highway equipment Debit ZDB. Town equipment Rental Expense Credit ZDB.5680.405; ZAB.1420.401 Town Attorney, Contractual $5,000 (20 Hours@$250.00/HR). Approved



All public knowledge information on the Lawsuit of Fernandez vs. Benson is available from the County via a F.O.I.L. request


For fiscal flexibility, the tax cap override is done prior to budget time, if needed so that it is available for the next years

Stortecky invited the public to comment on the tax cap override.

He then made a motion to adjourn the public hearing and return to the regular meeting. Motion carried.


Government Computer Services offers computers sold at discount prices to government entities; Mr. Rogers suggested looking into it for the town computers.


The bid was given to GA Bove Fuels of Wells, NY as per motion of D. Rogers; 2nd by J. Stortecky Motion carried.

#2 Fuel Oil, Ultra Low Sulfur (On Road) Diesel, and Propane 2020-2021 Fuel Bid

We hereby submit the following bid for the period January I, 2021 to December 31 '1, 2021 on acceptance of proposal.

#2 Fuel oil delivered lo the Highway Garage.

Pricing will be G.A. Bove Commercial Fuel Oil price at time of-delivery Minus a fixed rate off .20 cents pet' gallon: /\ s of 9/1 4/2020 price is 2.099 minus .20 cents'"' $ 1. 899

On Road Ultra Low Sulfur Diesel fu l delivered to the Highway garage Town Barn (275) and the Town of Hope Highway Garage (Benson 1000 gallon).

Pricing will be G.A. Bove posted Rack plus a fixed markup of .25 cents per gallon: As of 9/14 /2020 price is 1 .1 3 35 plus fixed markup of .25 Cents= $1.3835

Propane Gas delivered lo the Town Hall (2) 100 gallon tanks at 2213 Cty Hwy 6 Benson, NY Pricing will be a fixed rate of $2.299. Approved.

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

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