The Peru Gazette

The regular meeting of the Peru Town Board was held on Monday January 14, 2019 at the Peru Town Hall.  Those present were Mr. Brandy McDonald Supervisor; Mr. James Douglass, Councilman; Mr. James Langley, Councilman-Excused, Mr. Melvin Irwin, Councilman; Mr. Richard Barber, Councilman; Mrs. Dianne Miller, Town Clerk.  Also present were Mr. Courtney Tetrault, Water/Sewer Superintendent; Mr. Michael Farrell, Highway Superintendent; Mr. Bob Guynup, Zoning Officer; Ms. Pamela Barber, Confidential Secretary to the Board and Mr. Dave Drollette, Dog Control officer; Mr. James Kirby, Town Justice and Mr. Pete Keenan, County Legislator. 

The meeting was called to order at 7:02  PM by Mr. McDonald, with the Pledge of Allegiance.  

Motion by Mr. Douglass, seconded by Mr.Irwin to approve the minutes from the December 27, 2018 meeting.

Ayes 4   Nays 0                Motion Carried

Motion by Mr. Barber, seconded by Mr. Irwin to approve the minutes from the December 31, 2018 meeting.

Ayes 4   Nays 0                Motion Carried

Motion by Mr. Irwin, seconded by Mr. Mr. Barber to include the reports from the following departments into the official record of tonight’s meeting.  (Water/Sewer/Valcour; Highway; Town Clerk; Dog Control; Youth Department; Code/Zoning; Supervisor’s Report; Court; Website; and Banking Reports).  Youth Department was not submitted.

 Ayes 4   Nays 0 Motion Carried

Community Input and Questions

Mr. Ryan asked for an update on Washington Street. Mr. Guynup stated Mr. Gibbs has evaluated the situation and a letter has been sent to Bill Sawyer. A meeting is going to be scheduled.

Mr. Ryan also asked about the zombie home funds Clinton County is contributing too. Mr. McDonald stated the process is still in the early stages. Mr. McDonald and Mr. Irwin attended a meeting last week to obtain information.

Acceptance of Matthew Houser’s Resignation

Motion by Mr. Barber seconded by Mr. Irwin to accept Matthew Houser’s  resignation.

Ayes 4   Nays 0   Motion Carried

Motion by Mr. Irwin seconded by Mr. Barber to set a workshop for January 28, 2019 at 6:30 P.M. to discuss water/sewer hiring of new employees.

Ayes 4   Nays 0   Motion Carried

Zoning Map Update

Motion by Mr. Irwin seconded by Mr. Barber to hold a Public Hearing February 25, 2019 at 6:45 P.M. to codify zoning map.

Ayes 4   Nays 0   Motion Carried

RESOLUTION NUMBER: 19.01.14.01

Motion by: Mr. Douglass                Second by: Mr. Irwin 

WHEREAS, the Town Board has received certain bids in response to its request Mini-Bid #T18120018 for same in connection with the purchase of a vehicle for Highway Department; and 

WHEREAS, the Town Board, in consultation with the Highway Superintendent, find that the bid of R.R. Charlebois, Inc. was the lowest bidder and the one that most closely met the bid specifications;

NOW, THEREFORE, BE IT

RESOLVED, that the bid of R.R. Charlebois, Inc. for a 2020 Freightliner of Two Hundred Six Thousand Seven Hundred Dollars and No Cents ($206,720.00) is hereby accepted and the Town Supervisor and Highway Superintendent are hereby authorized to execute any further documentation necessary to facilitate and/or consummate the purchase for a price not to exceed this amount; and it is further

RESOLVED, that this Resolution shall take effect immediately.

Roll Call:		YES	NO
	Richard Barber Jr.	x
	James Douglass	x
	Mel Irwin	x
	James Langley	Excused
	Brandy McDonald	x

Carried:

4 Ayes 0 Nays

TOWN OF PERU

CLINTON COUNTY, NEW YORK

RESOLUTION DESIGNATING AUTHORIZED REPRESENTATIVE,

 AUTHORIZING LOCAL SHARE EXPENDITURE

AND

SEQRA DETERMINATION FOR ENGINEERING PLANNING GRANT-VALCOUR SEWER PROJECT

TO BE PARTIALLY FUNDED THROUGH EFC

Resolution # 19.01.14.02

Motion by: Mr. Douglass                                     Second by:  Mr. Irwin

WHEREAS, The New York State Environmental Facilities Corporation (EFC) has awarded the Town of Peru a 2018 Engineering Planning Grant  through the New York Clean Water State Revolving Fund program in the amount of $30,000; and

WHEREAS, EFC requires that the Town designate a representative to sign all documents related to the project; and

WHEREAS, the Town is required to provide a minimum of 20 percent of total grant amount as a local match to meet the program requirements under the Engineering Planning Grant Program. 

WHEREAS, 6 NYCRR Section 617.5 (Title 6 of the New York Code of Rules and Regulations) under the State Environmental Quality Review Act (SEQR) provided that certain actions identified in subdivision C of that section are not subject to environmental review under the Environmental Conservation Law; and,

WHEREAS, the proposed project is an engineering study for the purposes of identifying preliminary design criteria for improvements at the Town’s Valcour Wastewater Treatment Plant. 

NOW, THEREFORE BE IT RESOLVED that the Town Supervisor is authorized to execute documents  with the NYS Environmental Facilities Corporation and any and all other contracts, documents and instruments necessary to bring about the Project and to fulfill the Town of Peru’s obligations under an Engineering Planning agreement; and

THEREFORE, BE IT FURTHER RESOLVED, that the Town of Peru authorizes and appropriates a minimum 20% local match of $6,000, as required by the Engineering Planning Grant Program for the Valcour Wastewater Treatment Plant Study project. The Town Supervisor may increase this local match through the use of in kind services without further approval from the Town Board; and,

THEREFORE, BE IT FURTHER RESOLVED that the Town of Peru hereby determines that the proposed Engineering Planning Grant project is a Type II action in accordance with 6 NYCRR Section 617.5(c)(24) which constitutes that engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve and Type 1 or Unlisted action, and not subject to review under 6 NYCRR Part 617. 

RESOLVED, that this Resolution shall take effect immediately.

Roll Call:		YES	NO
	Richard Barber Jr.	x
	James Douglass	x
	Mel Irwin	x
	James Langley	Excused
	Brandy McDonald	x

Carried:

4 Ayes 0 Nays

Sewer Collection Project Update

No update.

A regular meeting of the Town Board of the Town of Peru, in the County of Clinton, New York was held at the Peru Town Hall, Peru, New York on January 14, 2019 at 7:00 o’clock P.M. (Prevailing Time).

There were present: (Board Members)

Brandy McDonald

James Douglass

Mel Irwin Richard H. Barber Jr.

There were absent: Jim Langley

Also Present:

Dianne Miller, Town Clerk

The following resolution was offered by Mr. Douglass, who moved its adoption, and second by Mr. Irwin to wit:

BOND RESOLUTION OF THE TOWN OF PERU, CLINTON COUNTY, NEW YORK, ADOPTED ON JANUARY 14, 2019 AMENDING AND RESTATING BOND RESOLUTION ADOPTED DECEMBER 10, 2018, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF SEWER FACILITIES FOR THE PERU SEWER DISTRICT NO. 1 AT AN ESTIMATED MAXIMUM COST OF $4,618,418, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF UP TO $4,030,070 OF BOND ANTICIPATION NOTES AND SERIAL BONDS OF THE TOWN TO PAY THE COST OF THE PROJECT

WHEREAS, Section 64(3) of the Town Law of the State of New York empowers the Town Board of the Town of Peru, Clinton County, New York (the “Town”) to manage maintain and control Town properties as the purposes of the Town may require; and

WHEREAS, the Town has, pursuant to the Town Law, created the Town of Peru Sewer District No. 1 (the “District”); and 

WHEREAS, the Town Board of the Town has determined that it is desirable for the Town to undertake a project consisting of the acquisition, construction and reconstruction of sewer facilities in the District, including the North Bend Trunk Sewer, Maiden Lane Pump Station and Force Main, Old Peru Sewer Main, installation of Main Street and Little AuSable Pump Stations and force mains and, including for all of the foregoing, related site work, paving, restoration, and repairs (the “Project”); and

WHEREAS, the Town Board Directed AES, competent engineers licensed in New York, to prepare a preliminary map, plan and report for the Project; and 

WHEREAS, to comply with Town Law Section 202-b, the Town, after giving notice, conducted a Public Hearing on November 26, 2018 in regard to the increase and improvements comprising the Project; and

WHEREAS, the Town, as a local agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 8-0101, et seq., and implementing regulations, 6 NYCRR Part 617 (the “Regulations”), having reviewed the impact of the acquisition, construction and reconstruction of the sewer system improvements comprising the Project upon the environment determined by resolution adopted February 27, 2017 that the Project is an “Unlisted Action” will not result in any significant adverse impacts to the environment; and

WHEREAS, the Town Board now desires to authorize the Project and the financing of the cost thereof.

NOW, THEREFORE BE IT RESOLVED ON JANUARY 14, 2019 BY THE TOWN BOARD OF THE TOWN OF PERU, CLINTON COUNTY, NEW YORK (by favorable vote of not less than two thirds of said Board), AS FOLLOWS:

Section 1. The undertaking of the Project at a maximum estimated cost of $4,618,418, including all professional costs, equipment, machinery and other necessary appurtenances and all other necessary costs incidental to such work, which is estimated to be the total cost thereof, is hereby approved.

Section 2. The plan for the financing of the aforesaid specific object or purpose includes the issuance of up to $4,030,070 of serial bonds, or any bond anticipation notes in anticipation of the issuance and sale of the bonds, which are hereby authorized to be issued pursuant to the Local Finance Law, the levy of a tax to pay the bonds and the interest thereon and the application, if and when available, of state and/or federal assistance available or to any revenues available for such purpose from any other source.  Undertaking the Project is hereby approved.  The bonds and notes authorized hereby may be issued to the United States Department of Agriculture, Office of Rural Development, or any of its related offices or agencies, the New York State Environmental Facilities Corporation under any of its revolving fund programs or any purchaser in accordance with the provisions of the Local Finance Law.

Section 3. The full faith and credit of the Town is hereby irrevocably pledged for the payment of the principal of and interest on the Bonds as the same respectively become due and payable.  There shall be annually apportioned and assessed upon the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefited by the  improvements,  an amount  sufficient  to  pay the  principal  and  interest  on such obligations as the same become due, but if not paid from such source, all of the taxable real property in the Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amounts sufficient to pay the principal of and interest on the Bonds as the same shall become due. Such debt service payments may be made in substantially level or declining amounts as may be authorized by law.

Section 4. Pursuant to Sections 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize the issuance of and to sell the serial bonds and any bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor, the chief fiscal officer. Such bonds or notes shall be of such form and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law. The notes authorized herein are issued in anticipation of bonds for an assessable improvement.

Section 5. The Town Supervisor is hereby further authorized, at his sole discretion, to execute all agreements, certificates and instruments in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town and such authorization is intended to include authority to enter into and execute on behalf of the Town all agreements, certificates and instruments required in connection with financing the Project costs.

Section 6. The intent of this resolution is to give the Town Supervisor sufficient authority to execute those applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid bonds and/or notes without resorting to further action of this Town Board.

Section 7. The following additional matters are hereby determined and declared:

1. Pursuant to paragraph 4 of Section 11.00 of the Local Finance Law (i) the period of probable usefulness of the Project is forty (40) years; and

2. Current funds are not required by the Local Finance Law to be provided prior to the issuance of the bonds and any notes issued in anticipation thereof authorized by this resolution; and

3. The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.

Section 8. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this resolution. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 1 of this resolution shall be from the Town’s General Fund.  It is intended that the Town shall then reimburse expenditures from the General Fund with the proceeds of the bonds and bond anticipation notes authorized by this resolution and that the interest payable on the bonds and any bond anticipation notes issued in anticipation of such bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the District’s “official intent” within the meaning of Treasury Regulation Section 1.150-2 to reimburse the expenditures authorized by this resolution with the proceeds of the bonds and bond anticipation notes authorized herein. Other than as specified in this resolution, no monies are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. 

Section 9. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Peru, Clinton County, New York, by the manual or facsimile signature of the Town Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and maybe attested to by the manual or facsimile signature of the Town Clerk.

Section 10. The Town hereby covenants and agrees with the holders from time to time of the Bonds and any bond anticipation notes issued in anticipation of the sale of the Bonds, that the Town will faithfully observe and comply with all provisions of the Internal Revenue Code of 1986, as amended (the “Code”), and any proposed or final regulations issued pursuant thereto unless, in the opinion of bond counsel, such compliance is not required by the Code and regulations to maintain the exclusion from gross income of interest on said obligations for federal income tax purposes.

Section 11. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds with a schedule of substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Town Supervisor, providing for the manual countersignature of a fiscal agent or of a designated Official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Town Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Town Treasurer shall determine.

Section 12. The law firm of Trespasz & Marquardt, LLP is hereby appointed bond counsel to the Town in relation to the issuance of the obligations authorized herein.

Section 13. The validity of such bonds and bond anticipation notes may be contested only if:

1. Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or

3. Such obligations are authorized in violation of the provisions of the Constitution.

Section 14. The Bond Resolutions adopted by the Town Board on January 23, 2017 and December 10, 2018 authorizing the acquisition, construction and reconstruction of town sewer facilities at an estimated maximum cost of $4,030,070 are hereby amended and restated to reflect to provisions set forth herein.

WHEREFORE, the foregoing Resolution was put to a vote of the members of the Town Board of the Town this January 14, 2019, the result of which vote was as follows:

Roll Call:		YES	NO
	Richard Barber Jr.	x
	James Douglass	x
	Mel Irwin	x
	James Langley	Excused
	Brandy McDonald	x

Carried:

4 Ayes 0 Nays

Other Business

Mr. Douglass will conduct an internal audit for the court January 16, 2019 as required by Section 2019- a of the Uniform Justice Court Act.  Mr. Barber will perform his internal audit of the Town Clerk and Tax Collector files later that same day.

Mr. Farrell stated due to icy roads a plow being driven on Patent Road January 4, 2019 was involved in an accident causing substantial damage to the plow. The employee was not injured and no other vehicles were involved. 

Mr. Keenan asked for Peru Court Building to be named in memory of Joseph Kelly. Legal fees

will be waived as courtesy from an attorney obtained by Mr. Keenan and our town attorney, Matt Favro. A resolution will need to be done once all legal documentation is done.

Vandalism at the Walking Trail resulted with only one solar system sign remaining. Law enforcement was called and they are now keeping a watchful eye on the area. The students are are working on new signs.

Motion by Mr. Douglass seconded by Mr. Barber to appoint Sean Lucas to a 5 year term –

Zoning Board of Appeals.

Roll Call:		YES	NO
	Richard Barber Jr.	x
	James Douglass	x
	Mel Irwin	x
	James Langley	Excused
	Brandy McDonald	x

Carried:

4 Ayes 0 Nays

Motion by Mr. Irwin seconded by Mr. Douglass to appoint Mark Hamilton to a 7 year term-

Planning Board member.

Roll Call:		YES	NO
	Richard Barber Jr.	x
	James Douglass	x
	Mel Irwin	x
	James Langley	Excused
	Brandy McDonald	x

Carried:

4 Ayes 0 Nays

All other appointments regarding the Planning Board and Zoning Board of appeals were made at the January 14, 2019 Organizational meeting.

Public Comments on Agenda Items Only

Executive Session

Motion by Mr. Irwin seconded by Mr. Douglass at 8:12 P.M. to adjourn to Executive session.

No action will be taken.

Ayes 4   Nays 0                Motion Carried

Motion by Mr. Barber; seconded by Mr. Douglass to return to regular meeting at 8:47 P.M.

Motion by Mr. Irwin; seconded  by Mr. Barber to adjourn the regular meeting at 8:48 PM.  

Ayes 4   Nays 0   Motion Carried

_________________________Supervisor  _________________________Councilman

_________________________Councilman _________________________Councilman

_________________________Councilman