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<br />Council Minutes of 6/3/2008 <br />any other odor emitting establishment in the city who will have a more efficient system <br />that removes odors or volatile organic chemicals from the air. He feels that this is the <br />best that can be offered with the latest technology offered today. They are replacing two <br />spray booths and three prep stations. One booth at a time will be replaced so as not to <br />have to shut down the operation altogether. The old system had one stage of filtration, the <br />new system has five stages, three in the booth and two more on the roof. There is odor <br />control on the roof and VOC (volatile organic compounds) filtration on the roof and will <br />stop automatically if any VOC's come out. This type of system is primarily used by the <br />aircraft industry for heavy chromate paint. Councilwoman Jones asked the question why <br />another two years? The short answer is, to justify the $350,000+ expense, Suburban <br />wanted to have the time so that they were sure and so was the city before a permanent <br />conditional permit would be issued. Mr. Panza said that he hopes it doesn't take the full <br />two years. He would like to get this completed as soon as possible so that everyone can <br />move on. It was also asked of the Law Director about the odor nuisance problem and <br />where did that stand now. It was suggested that this was a different subject and that the <br />committee discussion was about the extension of the temporary conditional use permit. <br />The nuisance is in litigation and should not be discussed at that time. Mr. Papotto said <br />that for the past 2-1/z years he has done everything he felt possible to alleviate the odor <br />problem. He spent a lot of money with filters, automatic door closing systems, and <br />additional filters and to no avail as the problem was not solved. He acknowledges that <br />this new system is needed and is willing to spend the $ 362,400 and hopefully to have the <br />problem go away. He feels that this expense will do it, and that is why he would like to <br />have an additional two years to finally put this problem to rest. Councilman Mahoney <br />asked what if we don't agree to give the extension? The recourse would be to go to court <br />and the other is mediation. If the temporary permit is not granted, then court is the <br />answer and neither side wants to go through that process. If the install takes about a year, <br />how long would they wait to ask for the permanent permit? The answer was it depends <br />on testing and then presentation of the tests and see what happens. The city would <br />possibly want to wait and see if there are any complaints. The permanent conditional use <br />permit would be issued through the Building Dept. and would not have to come before <br />Council again. Residents who were in attendance commented and the question about the <br />nuisance ordinance was again brought up. It was again stated that stated that they are two <br />separate issues, and the nuisance ordinance is being enforced. A question of noise of the <br />new fans was brought up, and it was stated that the new fans are indeed quieter than the <br />present ones. Also a resident and Mr. Orlowski inquired about an incineration system. It <br />was stated that the cost to run that type of system would be prohibitive and that this <br />system from Garmat will do the job. It was also suggested that there are three ways to <br />rectify this problem: courts, mediation or make them move back to Dover Center Rd. <br />Councilman Gateau asked the question if there any systems like this in use in the area? <br />The answer was none on the east coast but probably one in California. This type of <br />system is mainly for industrial use. In California, the system quite possibly would be a <br />three-stage system not the five-stage system being installed here. Mr. Gateau felt there <br />are three options that Council has, one is to not extend the temporary permit and go to <br />court. If we would. go to court, it could take up to at least three years for a decision to be <br />made and possibly nothing solved and the court would make the decision. Second, we <br />could extend with no assurance that the odor would go away. At least Suburban is being <br />8 <br />r ~. .u~.~,;~.~. <br />