The Peru Gazette

By John T. Ryan

The Peru Town Board got a surprise at its November 4, 2013 meeting. Board members learned that the zoning law that they thought they passed on October 28, 2013 might have to be voted on a second time. Town Attorney Donald Biggs told the Board, “There are things that have to be done before you pass it.”  Biggs went on to say he was unsure if all the legal requirements had been satisfied. The Board caught Biggs by surprise when it passed the law at its last meeting; a discussion rather than a resolution was on the meeting agenda.

Biggs told the Board that an environmental statement, reviews by surrounding communities and the approval of Clinton County Planning Board have to accomplished prior to submitting the law to the New York Department of State. None of the councilpersons could assure him that those actions had been taken. Biggs said that after all the hard work that has gone in to updating the law he did not want to see it challenged on the grounds that is wasn’t passed correctly.

The Board also learned that the Fuller Road culvert repairs would be delayed pending U.S. Corps of Army Engineers approval. Town officials met Corps officials who spoke about the need for fish ladders and bat protection. Town officials hope to meet a second time with the Corps within the next few days.

In response to resident petitions the New York State Highway Department has approved a 50-mile per hour Brand Hollow Road speed limit between the Military Turnpike and Route 22 and a 30-mile per hour speed limit on Henry Senior Drive.  The State denied petitions to reduce speed limits on the Lyons Road and Rock Road.

In other actions/news:

• Board members expressed the view that the Town has done all it can do to resolve complaints  from Sharon Hemingway and David Thomas regarding involving surface water drainage. Hemmingway resides at 870 Fuller Road and Thomas owns the property, which is a few hundred feet north of the Bear Swamp Road.  At the August 26, 2013 Town Board meeting Thomas told the Board that water overflowing from a town ditch on the west side of the highway was flooding his property on the opposite side of the highway. He said the flooding had never occurred prior to a 2010 Town paving project. Highway Superintendent Michael Farrell responded telling the Board that Thomas’ property is at the lowest point on the highway, water could not flow uphill and that the water had to flow somewhere. Farrell contended that clearing a blocked ditch adjacent to Thomas’ property would solve the problem and that the Town could not legally do work on private property. Farrell has tried to resolve the problem through ditching and spreading shock rock on the west side the highway; however, Thomas contends that Farrell’s work worsened the situation.
• Representatives from a company named Hudson Energy spoke to the Board and offered the town electricity at a five-year contract electric price of 6.6 cents per kilowatt. The Town currently purchases electricity at a variable rate from NYSEG Solutions. The Hudson Energy representative said his analysis revealed that the Town’s rates have ranged from 6 cents to 14 cents during the past year. Led by Brandy McDonald and Jim Douglass, the Board resisted pressure to immediately sign a contract. McDonald will call the few regional Hudson Energy customers and NYSEG Solutions.
• The Board approved an inter-fund loan from the General Fund to the Highway Fund in the amount of $174,300 to be repaid in December when New York State monies are received. The Highway Department has faced budget pressures since performing Hurricane Irene related road and drainage repairs. FEMA reimbursement was $260,000 less than the cost incurred.