1971-03-01 SPMA Special Meeting of the Town Board of the Town of Wappinger was
held on March 1, 1971, at the Town Hall, Mill Street, Wappingers
Falls, New York.
Notice of meeting was mailed to each Board member on February 23,
1971 by the Town Clerk, purpose of the meeting was settlement of
Spookhill Properties et al vs. Town of Wappinger and any other
business that may properly come before the Board.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
G. Donald Finnan, Councilman
Harry Holt, Councilman
James Mills, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Rudolph Lapar, Engineer to the Town
Russell Aldrich, Attorney
Ian MacDonald, 'Attorney
Joseph D. Quinn, Attorney
Supervisor Diehl called the meeting to order at 7:45 P.M.
As Two of the Attorneys involved in the Spookhill Properties
Settlement were not yet present, other business was considered.
Bids for gasoline had been received and opened on February 24,
1971. One bid was received from BP Oil Corp. The Superintendent
of Highways recommended the bid for gasoline be awarded to BP
Oil Corp.
MR. MILLS moved the recommendation of the Highway Superintendent
be accepted and BP Oil Corp. be awarded the bid for gasoline for
Hitest @ $.1880 per gallon and Regular @ $.1530 per gallon.
Seconded by Mr. Holt.
Motion Unanimously Carried
MR. MILLS moved that a Public Hearing be set for March 15, 1971
at the Town Hall regarding the Petition by Haven Hill to Hill Top
Water -Works Corp. to extend the service to them, and the Petition
to the Town of Wappinger from Hill -Top Water -Works Corp. for
approval of the extension of its water lines and enlarge its
water supply and distribution systems area by the Town Board of
the Town of Wappinger, pursuant to Local Law #2 of the year 1967.
Seconded by Mr. Holt.
Motion Unanimously Carried
MR. HOLT moved for a recess, seconded by Mr. Finnan and carried.
Recess called at 7:50 P.M.
Supervisor Diehl called the meeting back to order at 8:30 P.M.
All Board members present. The order qp business weld be the
proposed settlement of Sam Hankin, Spook Hill Properties Inc,
et all vs. the Town of Wappinger.
Supervisor Diehl asked if there were any questions for the council-
men, or from the floor, in regard to this application. Mr. Lafko
asked what the petition was about, if it was for a Transportation
Corporation, where are the preliminary approvals and where are
the discharges.
Mr. Quinn stated that the matter before the Board was an application
to settle a suit now pending in the New York Supreme Court, brought
on the application of Mr. Sam Hankin and his corporation. He covered
briefly the points in the stipulation.
Mr. Aldrich in answer to Mr. Lafko's questions about where the
plant and discharge would go, said this would all be predicated
on the approval of the Board of Health. Mr. Aldrich read Section
7 (page 6) of the stipulation, to which was added the paragraph
stating "The Petitioners, and/or Transportation Corporation, shall
post a bond in an amount not less than $10,000.00 for a duration
of five years to insure the maintenance and operation of sand plant;"
(this paragraph was designated (h) the two following were changed
from (h) to (i) and (i) to (j) .) Mr. Quinn stated that in parts
of the terms of the settlement, complete compliance with the
Transportation Law requirements is provided for in this stipulation
of settlement, whether it's rate making certification by an
engineer, option, bonding or what, he thinks that these petitioners
have complied with absolutely every requirement that he knows of
in the Transportation Corporation Law, as it now sits today.
Mr. Aldrich stated that the petitioners had gone further than
the Transportation Corporation Law requires, and suggests that it
be submitted for signature.
Mr. Herb Arndt asked if any of the property involved was contiguous
with Myers Corners Road and had any consideration be given to
annexing with Oakwood Knolls district. Mr. Aldrich answered
first, lands not contiguous, second, thought had been given,
and the stipulation states this sewerage treatment plant will be
removed, when a big district covering them is formed, Oakwood is
fully protected.
°Mr. Eck spoke in favor of sgi,ning the stipulation and giving
Hankin a Transportation Corp.
MR. FINNAN moved to authorize the Town Board and Council to sign
the Stipulation of discontinuance, in the matter of the application
of Sam Hankin, Spook Hill Properties, Inc., and Hankin Associates,
Inc. for an Order of Mandamus 'pursuant to Article 78 of the Civil
Practice Law & Rules aginst the Town Board of the Town of Wappinger.
Roll Call Vote:
Supervisor Diehl Nay
Councilman Clausen Nay
Councilman Finnan Aye
Councilman Holt Aye
Councilman Mills Aye
Motion Carried
MR. HOLT moved the meeting be adjourned, seconded by Mr. Mills
and unanimously carried.
Meeting adjourned at 9:00 P.M.
Elaine H. Snowden
Town Clerk
Sp. 3/1/71