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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