June 2012
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The editor is John Ryan at email: perugazette@gmail.com. The Peru Gazette is a free community, education and information website. It is non-commercial and does not accept paid advertising.

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Eminent domain proceeding and Heyworth/Mason Park progress dominate Monday’s Public Hearing and Town Board Meeting

By Donald McBrayer

The Town Board held a public hearing on eminent domain proceedings regarding the placement of an upgraded town sewer line across property on North Bend Street owned by Thomas Powers.

Mr. Powers attended the public hearing claiming the board has failed to provide a “signable” document regarding the eminent domain proceedings. Powers also expressed concern over the damage of apple trees and a fence that would be removed in order to install the new sewer line.

W/S Superintendent Greg Timmons informed the board the line could not be located elsewhere and went on to express that all attempts to negotiate with Mr. Powers for an easement have failed. Mr. Powers then stated that he has not been presented an easement to sign.

Town Attorney Don Biggs said the town is proceeding along two tracks; ongoing attempts to negotiate for an easement and eminent domain proceedings if that should fail. Biggs then added, “This has been a difficult project.”

Mr. Powers then told the board, “I have no problem putting a pipe across my property.”

Town Supervisor Peter Glushko asked Mr. Timmons and Town Councilors Kregg Bruno and Jim Douglass if they would attempt to further negotiate an easement deal with Mr. Powers before continuing with the eminent domain proceeding.  The town has 90 days to make a final decision with the eminent domain proceeding.

The Town Board also held its regular meeting. Everyone was in attendance.

Park Coordinator Adele Douglas and Town Councilor Jim Douglass gave the board an update on the ongoing work at the Heyworth/Mason Park:

  • Volunteers are clearing the connector trail between the Heyworth/Mason & the Little Ausable Park.
  • New benches and stands for the interpretive signs have been installed.
  • Volunteers are opening and closing the park gate daily allowing better access by the public.
  • Douglass informed the board that FEMA has signed off on the dog park clearing the way to get that leg of the project completed.
  • The board passed a motion to include two new Heyworth/Mason Park lights in the town lighting district.
  • The board passed a motion to hire Kelly Tree Service for the amount of $1,900 to remove trees to create a visible line of sight from the Main Street Bridge to Heyworth/Mason Park.
  • The board also passed two other motions: The first reaffirming the Town Comprehensive Plan which had to be done in order to qualify for a $195,000 federally fund matched grant for the connector trail and the second to apply for that grant.

While discussing the park, Mr. Glushko expressed concern about a Letter to the Editor expressing concern about low water level at the pond at the Little Ausable Park. (http://pressrepublican.com/0203_letters_to_the_editor/x1380013237/Letters-to-the-Editor-June-11-2012)

“We like to address these things right away,” Glushko stated then asked Mr. Timmons for an update on the pond.

Mr. Timmons informed the board that the power pole that ran electricity to the fountain in the pond was lost during Tropical Storm Irene, but it would soon be replaced by two new poles upon NYSEG approval. Two poles will provide better lighting for skating and sledding during winter months. Timmons is also planning to drain the pond further in order remove debris and weeds and to shore up the banks. The drain-down should only take about two days. Timmons expects the pond will be up and running somewhere around the first week in July.

In other business the board:

  • Will have CEO Frank Slycord and Victoria St. John from the St. John Feral Cat Fund assess the number of stray cats on Woodland Drive and ways of dealing with them.
  • Passed a motion approving the purchase of a new playground set for the Lapham Mills Park in the amount of $6,936.
  • Announced that the town received a 30-year Water Improvement Project Bond in the amount of 3.2 million dollars.
  • Announced that the town received a workup from Town Engineer Peter Gibbs for a proposal to divert rainwater on Spitfire Drive to the north side of property owned by Dennis Curtain.
  • Asked Town Attorney Don Biggs to explore ways to get property cleaned up at 5 School Street.
  • Passed a motion to open bids regarding the South Acres Sewer Project at 10:00AM on June 21st.
  • Announced the town received a FEMA check in the amount of $321,239.51 for last year’s spring flood damage.
  • Announced the Summer Concert Series at the Gazebo will begin on June 1st at 6:00PM with The Castaways.

The meeting was adjourned at 9:25PM.