The Peru Gazette

By John T. Ryan

Town Board May 10th Meeting Highlights

Local Law #1 of 2021 was approved. It requires that written notice be provided regarding any defective and hazardous condition existing on town-owned or maintained properties; otherwise, a civil action against the town cannot be maintained. Town Attorney Matt Favro said laws of this nature have been common as long as he has been a lawyer (15 years). They are intended to forestall lawsuits regarding such matters as defective sidewalks and steps. Peru resident John Ryan (your reporter speaking as a resident) disagreed saying the law extends to culverts, highways and any property owned by the town and that the law didn’t sound constitutional to him. Ryan couldn’t understand how any government would not be liable for an unsafe condition on its property. (Note – Your reporter’s subsequent research revealed that the law has been enacted in many towns and even expanded by New York State courts. The legal cases involved incidents similar to those mentioned by Mr. Favro). The counselors approved the law with a 3-0 vote by counselors Douglass, Irwin, and Bruno. Supervisor Brandy McDonald and Counselor Rick Barber were excused from the meeting. A person who believes that there is an unsafe or hazardous condition on any town property or highway must file their concern in writing with either the town clerk or the superintendent of highways. Click here to read the law

Peru resident Matt St. Clair inquired if the town would be interested in sharing the cost of paving what he referred to as the Brand Hollow Rd. Extension, a 300 ft. dirt road on the east side of Route 22.  He estimated the cost at $20,000. The counselors referred to the long legal battle between the town and Henry Dashnaw, owner of the Adirondack and Country Club. Dashnaw wanted the town to pave what he contended was once the Brand Hollow Rd. road on his side of I87. The town contended that it had never been a town road and even it had been a town road it had been legally abandoned for many years.  Based on that history, the Town cannot work with Mr. St. Clair. (Click here for details of that settlement)

A School Street drainage issue needs to be resolved. Highway Superintendent Michael Farrell said water draining from the Peru High School’s roofs flow into a pipe that ends at the end of School Street. Significant erosion has taken place near the pipe’s end. Mike Farrell said District Superintendent Dr. Tom Palmer says it’s the town’s problem. Farrell says it’s the school’s problem. Town Attorney Matt Favro said the exact quantity of water flowing through the pipe needs to be determined. 

The Board accepted the resignation of Codes Office Secretary Darlene Grigware and approved changing the job to a 29-hour per week part-time position. The Board will send a letter of appreciation to Mrs. Grigware. (Editor’s Note – I will miss Darlene’s courtesy, professionalism, and sense of humor.) 

Water-Sewer Superintendent Courtney Tetrault and Highway Superintendent Michael Farrell agreed to a 50-50 department cost split to purchase a new excavator. A new machine would cost between $90,000 and $111,000, while a used machine would cost $75,000 to $85,000. Counselors Douglass, Irwin, and Bruno expressed support for purchasing the new machine given its useful life and warranty. 

Courtney Tetrault told the Board that he would like to install a larger water line on Sunrise Drive and portions of Elm Street. He also mentioned replacing lead service connections with copper connections. His water test haven’ revealed any lead issues, but as long as the sewer contractor is digging up the street to replace sewer lines, this would be the best time to change the connections.  Tetrault said the Health Department might have some money available for such work. 

Tetrault also reported that the ongoing sewer upgrade project is ahead of schedule and is going very well. The NYSDOT issued its project permits. The contractor should finish North Bend Street this week and move on to Elm Street next week. 

The Board still hopes to schedule concerts at Heyworth-Mason Park. The state’s designation of the park as a flood plain means the town cannot construct a permanent structure on the property.