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1973-12-21 SPM813 A Special meeting of,the :Town Board. of theaTown of.Wappinger,was held.,anDecember 21, 1973, :,at the Town.,Hall, Mill Street, Wappingers Fa11s,,New York. Notice of said meeting was mailed to each Board member on December 18, 1973, calling the meeting for 5:00 P.M. December 21, 1973, for d the purpose of discussing oil burner contract and any other business that may properly come before the Board. Supervisor .Diehl called,the meeting to order at, 5:45 P.M. Present: _,;.Louis Diehl, Supervisor Harry Holt, Councilman -,Leif Jensen, Councilman Absent: ,Louis Clausen., Councilman Stephen Saland, Councilman Others Present: Allan Rappleyea, Attorney to the Town ,:;Rudolph Lapar, Engineer to .the, Town , Supervisor Diehl first discussed changing the date of the annual Auditing Meeting. MR. JENSEN moved to rescind the date of January 15, 1974 as the date for the Annual Auditing Meeting. Seconded by Mr. Holt. x:e Roll:Call Vote:. 3. Ayes , .0 _Nays- U MR. HOLT moved that December 28, 1973 at 5:.00 P.M. at the Town Hall, Mi 1. Street; Wappingers .Falls., ,NeW.,York, beLset far the annual;,Audit- ing Meeting. Seconded=by;Mr.,Jensen. Roll Call.:Vote: '.:3,.Ayes .'0 Nays Mr. Diehl indicated there were several resolutions fox:the Board to consider. C: Mr. Rappleyea explained that the first one concerns the problem that has arisen nationwide with respect to oil supply. He had received a call.,from the"Tial supplier ,for. -the Town - in effect threatening that: he . Would ggo°aout-of ,bclsinessif he can't indrease his prices in accordance with his own cost. It so happens'the,oil contractor for the Town is a small individual operator who doesn't have any source other than buying through another supplier so that his storage capacity is very limited. As a result hek subject to i 7'. I. greater price increases, having a source through Gulf Oil,. In any event Mr. Rappleyea had confirmed his statement by examination of his economic'a`stabilization program+lreporti :which in effect shows his latest cost of oil to be 18.4 per gallon for #2 oil and his contract with the Town is at 18.5, thus herw211'sustain.a substan- tial loss having to buy it at cost and sell•ingi it.:at cost: 4There- fore, it was Mr. Rappleyea's recommendation that, despite the,prob_. lems encountered in the bidding requirements, that;tin.lightiof,Jthe emergency situation, and in order not to lose the allocation that the Town has as a result of this bid, on a temporary basis, through - , out the remainder of the year, thelTown allow him exactly what the economic stabilization program allows him as a _profit over and and above his purchase cost, which is .053 cents over the suppliers purchase .cost. r =i The following resolution was introduced by.`COUNCILMANHHOLT who moved its adoption: - WHEREAS an emergency situation has -arisen with respect to the supply of #2 oil for the Town of Wappinger and, WHEREAS the supply of oil may be discontinuedcand the allo- cation .lost with the reel -Lilt that, the Town. "will be without fuel' oil for the operation of vehicles and the heating of buildings within the Town of Wappinger, NOW THEREFORE, BE IT RESOLVED that the oil supply agreement with Vince's Oil Supply be amended to provide that he shall �sppply the Town with #2 oil until February 28 y 1974, at a_priceofi5:3 over his cost as determined by the Office of Economic Stabilization. Seconded .by Mr: .,Jensen - Roll Call Vote: 3 Ayes 0 Nays L The second resolution was explained by. Mr. Rappleyea, who stated the situation. As the -'Board is aware, the Mayim Water Company a/k/a Triangle Pacific Cabinet Corp. is the owner and operator of the Revere Ridge Water system. This system is part of the Central Wappingers Improvement Area and it was in the contemplation of this Board, as they are aware, to acquire this system back when they proposed to construct this system. Several months ago when negotiations for the purchase of the system broke down, the Board authorized the acquisition by condemnation at a price of $90,000. He has conferred with the Engineer to the project, Mr. Lapar, and perhaps -he can explain his opinion that the purchase price of $90,000 represents a consideration which the Town should purchase the system at. Mr. Lapar stated that it was his professional opinion that the $90,000 is adequate compensation for said system. The following resolution was introduced by SUPERVISOR DIEHL who moved its adoption: WHEREAS Central Wappinger Water Improvement has as part of its program the proposed acquisition of the water system serving the Revere Ridge Area and this water system is operated by the company now or formerly known as the Mayim Water Company, and said company is nowoperated and owned by Triangle. Pacific Cab- inet Corp., NOW THEREFORE, BE IT RESOLVED That the Supervisor is hereby authorized and directed to execute contracts of purchase for the sum of $90,000.00 which are attached hereto and made part hereof for the acquisition of said water system. Seconded by: Mr. Jensen Roll Call Vote:, Supervisor Diehl_ Aye Councilman Clausen Absent _-Councilman Holt c Aye Councilman Jensen Aye Councilman Saland Absent The following resolution was introduced by COUNCILMAN JENSEN who moved its adoption: 315. WHEREAS the ;Town of Wappinger by previous resolution created Various special improvement district and improvement areas and establishedcertain special storm sewer projects and therein appointed legal council, now therefore BE IT RESOLVED that the Supervisor is hereby authorized and directed to execute the attached agreements with respect to those projects. Seconded by: Supervisor Diehl Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Absent Councilman Holt Aye Councilman Jensen Aye Councilman Saland Absent Mr. Diehl stated that he had instructed the Building Inspector not to issue C.O's or Building Permits in the Tall Trees area due to the uncertainty of water in the Tall Trees area. He asked the Board to give him a vote of confidence and also asked Mr. Lapar if he would agree that this was the right move to make. Mr. Lapar stated he had received a letter from the New York State Health Department informing him that because of information received from the Dutchess County Department of Health, the -said -water company can only be taken over by the Town of Wappinger if two new wells are drilled or, a positive source tie-in with the Village of Wappingers Falls is procurred. These are the two items, either of which will satisfy them and they will then approve the district and the new application. They have informed us also that they will be here on the 28th (Dec.) of this month to object to the granting of this application because of this knowledge. Mr. Diehl asked the attorney if the stopping of Building Permits and C.O's was acceptable at this time, at which Mr. Rappleyea answered yes and thought it was a wise and necessary move and something the Board should concur in because, unfortunat„ there have been a number of conflicting statements as to whether or not they (Tall Trees) have a decent well. Through discussions with the County Board of Health, it appears they (Raker) is trucking in water which is proof alone there is not an operable well. Mr. Jensen added 3 he felt very strongly that Building Permits and C.O's should be held back until the water system is proven. Mr. Holt concurred also. MR. DIEHL moved that the Building Inspector be directed to continue withholding Certificates of Occupancy and Building Permits in the Tall Trees Area until the water uncertainty is resolved. Seconded by Mr. Jensen. Roll Call Vote: 3 Ayes 0 Nays MR. HOLT moved the meeting be adjourned, seconded by Mr. Jensen and unanimously carried. The meeting adjourned at 6:05 P.M. Elaine H. Snowden Town Clerk Spec. Mtg. 12/21/73