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1977-07-25 SPM392 A Special Meeting of the Town Board of the Town of Wappinger was held on July 25, 1977, at 7:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Notice of said meeting was mailed to each Board member on July 13, 1977, calling the meeting for 7:00 P.M. July 25, 1977, for the purpose of considering the issuance of a temporary Certificate of Occupancy for Taylor Rental, upon the request of Mr. Franz Konrad. Notices were also given of said meeting to the Beacon Evening News, Poughkeepsie Journal and Southern Dutchess News (W&SD News), and the Radio Stations WHPN, WEOK, WBNR and WKIP on July 13, 1977 and a notice was posted on the Bulletin Board maintained by the Town Clerk on July 13, 1977. Supervisor Diehl called the meeting to order at 7:06 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Absent: Nicholas Johnson, Councilman Others Present: Robert Ruit, Building Inspector Allan Rappleyea, Attorney to the Town. The following letter was read: July 13, 1977 Supervisor, Town of Wappinger Louis D. Diehl Mill Street Wappingers Falls, N.Y. Dear Mr. Diehl, I am writing this letter, requesting a temperary Certificate of Occupancy for my new building located on Route 9, Wappingers Falls, N.Y. I am unable to comply with the site plan concerning the removal of goil (approximately 4,000 cubic yards) that is located behing the Shell Station directly next to my property. 393 I am unable financially to continue with the removal of the soil and I have_made arrangements with Dave Alexander to remove the dirt as his need requires, with no expenxe to myself. I have been evicted from my present'location and must remove all my equipment by the 15th of July or otherwise it will be removed by the Sherriff. I would appreciate your reviewing this matter at your earliest convenience. Sincerely, s/ Franz J. Konrad President Mr. Diehl commented he had communicated with Mr. Konrad indicating that a specific time limit would be necessary, and had also re- quested advice from the Attorney to the Town. Mr. Rappleyea's response was as follows: July 19, 1977 Hon. Louis D. Diehl, Supervisor Town Hall, Mill Street Wappingers Falls, New York Re: Taylor Rental Dear Mr. Diehl: I think the Town Board does have the power to direct the building inspector to issue a temporary certificate of occupancy. The Town Board should have some justification for this, which is based upon severe hardship or similar conditions which exist on that property alone. Another route the applicatt could go is to ask the zoning board of appeals to over -rule the building inspector based upon hardship or other good cause. Either method may be used to determine this problem, and the final decision is up to the Town Board. Very truly yours, Corbally, Gartland & Rappleyea s/ Allan E. Rappleyea Authority for the Town Board to consider action is Section 18 of the Town of Wappinger Ordinance for Administering and Enforcing the State Building Construction Code. Section 18. Temporary Certificate of Occupancy Upon request the Chief Building Inspector may issue, a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed provided such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. Mr. Diehl addressed Mr. Konrad, and asked for a time limit that he believed he could get the site in perfect condition for a permanent C.O. Mr. Konrad stated that he would guarantee that the 4,000 cubic yards would be removed within six months. Mr. Ruit, Building Inspector, upon being asked if this would be acceptable to him or if he had any further comments, noted that Mr. Konrad has to understand that he will have to take care of the requirements of the Dutchess County Health Department and New York State Department of Transportation, and will have to have approvals immediately from them both before he could issue even a temprary C.O. and the conditions of the soil mining permit requirements could then be extended for six months under a tempor- ary C.O. Mr. Diehl noted that what the Board would be acting on tonight was the powers within its jurisdiction and could not override the State and County requiremtns,- but as far as he was concerned, he felt this was a hardship case,,'and had no objection to granting a six month period under a temporary C.O. Members of the Board then questioned Mr. Konrad on various points regarding compliance to all the conditions - State, County and Town. It was made clear to Mr. -Conrad that a -temporary C.O. could be issued only upon the receipt by the Building Inspector of notification that necessary approvals from the New York State Department of Transportation and Dutchess County Department of Health had been given. MR. DIEHL moved that the Town Board grant Taylor Rental a six month extension on a temporary Certificate of Occupancy, this however, does not override any County or State approvals that are necessary. 3.05 Seconded by Mr. Clausen. Roll Call Vote: 4 Ayes 0 Nays Although not noted in the notice to the Board of this Special Meeting, another matter that needed immediate consideration was brought before the Board. Mr. Diehl stated that two Public Hearings were set for sewer improvement work in Fleetwood and Mid -Point Park. After setting these public hearings word was received from the Town's financial consultants that the Map, Plan and Reports were required to be filed before these hearings could be held. Unwitingly this require- ment had been overlooked when the hearing dates were set. MR. DIEHL m oved that the Public Hearings set for Mid -Point Park Sewer District on August 8, 1977 and Fleetwood Sewer District on August 22, 1977 be cancelled until the Engineer prepares the Map, Plan and Report for the improvements anticipated for both Sewer Districts. Seconded by Mr. Jensen. Roll Call Vote: 4 Ayes 0 Nays Mr. Clausen questioned what the cost would be of these Map, Plan and Reports for these districts, and should it be bid out so other engineers 'might have an -opportunity to bid for the work to prepare them. Mr. Diehl commented that probably Mr. Lapar would have most of the information in his office, and he should come in with a price that would be certainly as low,, if not lower than anyone else. Mr. Jensen believed that through past experience, that this cost if any, would be very low, and singe this work needs to be done, he doesn't see why there would be any need to bid for this report when they're just talking about compiling a group of figures, that were compiled a year ago, and put into a format that would be acceptable to Bonding Council. Mr. Clausen then agreed with Mr. Jensen. J 1 1 396 MR JENSEN moved that Mr. Lapar's office submit a proposal to the Town Board for the cost of making up the Map, Plan and Reports of the two sewer districts. Seconded by Mr. Diehl Roll Call Vote: 4 Ayes 0 Nays' Mr. Diehl introduced another topic' for discussion, that of the Downstream Drainage fee schedule. A lengthy discussion ensued. It was finally agreed that Mr. Diehl would contact M. McMillen and arrange a meeting between him and the Board to discuss alter- natives so that a comprehensive fee schedule can be arrived at and refunds could then be made. Mr. Diehl also introduced the topic for discussion of the odors at the Oakwood Knolls Sewer Plant. There has been at the plant a generator which sprays on a deodorant chemical and the one spray generator, in the opinion of Camo has held down the odor to some extent. They believe if there were four to six generators it probably would correct the problem a great deal. Because of the excessive sprays and chemicals that have been put in at that plant throughout the first six months of this year, we have gone far beyond our budget, and to go further with this spray deodorant chemical it will cost approximately $640 for the rest of the year. The Board must make a decision - that four generators be installed and continue with the chemical deodorant, and to do that the Town will have to buy spray generators, the problem is there isn't $640 for this. Mr. Versace questioned whether extending the defusers would help eliminate the odors, another one would cost $450. Mr. Jensen questioned how many of the Oakwood residents were making complaints, how local the problem was towhich Mr. Diehl answered about six residents are continually complaining. Mr. Jensen was concerned if the Town was being consistant, since the costs would have to be borne by all the residents for the discomfort of such a few residents, and since, in another water district where complaints 7497 were received regarding dirty or odoriferous water, other residents felt they didn't want to pay for corrections of these few people's discomfort. Mr. Diehl fundamentally agreed with Mr. Jensen's rea- soning, but the complaints still persist. The key problem is where does the money come from to do something to experiment further. Mr. Clausen added another dimension to the point in question by commenting that he had been given to understandthat the School Board was considering refurbishing the septic system; at Ketcham High School as opposed to tying into, the Town sewer system. The reason being the cost projected for the school. Perhaps another look should ,be taken at the projectedrates to see if there was a way in which it would be equalible,for the Wappinger Central School system to hook into the Town of Wappinger lines, as not only the added revenue but the increase in volume to the sewer plant would help the situation and it just might be a savings to the taxpayers in the school district as well as the taxpayers in the Sewer Improvement Area if an alternative could be arrived at that would be acceptable by the residents of Sewer #1 and the school district. He wondered if Mr. Lapar could not update the Board on the figures. Mr. Diehl remarked that perhaps Mr. Rappleyea could also contact the school to see what formula might be acceptable between Mr. Lapar and the school. He then went back to the immediate problem.. Mr. Versace asked if there were any funds in the Sewer #1 capital account which could be temporarily used to fund the proposed recommendations. Mr. Diehl asked Mr. Rappleyea if the capital funds could be used for opera- tion and maintenance. Mr. Rappleyea indicated they could be used for paying interest, not for O&M, but if they were making capital improvements, if this was a capital item, machinery or equipment, they could use those funds, but it couldn't be used to pay salary or pay for chemicals. MR. DIEHL moved that up to $640 be expended by the Comptroller for spray generators and chemical deodorant for the Oakwood Sewer Plant and that said equipment be considered Capital expense because it is equipment and the deodorant is necessary for the operation of the said equipment. Seconded by Mr. Versace. Roll Call Vote: Councilman Clausen Aye .Councilman Jensen Nay Councilman Johnson Absent Councilman Versace Aye Supervisor Diehl Aye Motion carried There was some further discussion prior to the vote as to the financial situation of the district, what consequences could arise from the increasing expenditures, and where moneys would come from if future costs exceeded cash flow. Intimation was that probably each emergency would have to be considered as it arose. Mr. Clausen was more inclined to viewing the whole situation for possible bonding if the finances were truly in trouble, to see it through the next six months. There being no other business to come before the Board, Supervisor Diehl entertained a motion for adjournment. MR. VERSACE moved to adjourn the meeting, seconded by Mr. Clausen and carried. The meeting adjourned at 8:03 P.M. Elaine H. Snowden Town Clerk Spl. Mtg. 7/25/77 398