1970-08-11 PH4.t,
A Public Hearing was held by the Town Board of the Town of
Wappinger on August 11, 1970, at Town Hall, Mill Street, Village
of Wappingers Falls, Dutchess County, New York, on an application
made by Hill Top Water Works Corp. for the consent of the Town
Board for the extension and enlargement of its water supply
pursuant to Local Law ##2 of 1967.
Supervisor Diehl opened the Hearing at 7:30 P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
G. Donald Finnan, Councilman
Harry Holt, Councilman
James Mills, Councilman
Elaine Snowden, Town Clerk
The Town Clerk offered for the record the Affidavit of Posting
and Publication, duly signed and notarized (attached hereto and
made part thereof of the minutes of this Hearing).
Mr. Joseph Fulton, 18 Park St. informed the Board that he felt
they were holding this Hearing under fraudelent conditions and
asked them to cancel the Hearing. When told by Mr. Diehl, that
the Hearing would continue, he went on to say that the real
estate corporation of Edgehill Manor involved in water works
s$ould be involved strictly for the purpose of providing water
to those parcels in the development he is handling, not to be a
wholesale dealer of water. He contended that Hilltop Water Works
never had a valid franchise area; further that the Attorney for
Hilltop Waterworks was also the attorney for the Town. How can
they hold a hearing on an extension of the water works when they
were never legal in the first place.
sure that Hilltop owned the lines. He
right to act on this application since
He asked if the
Board was
insisted the Board had no
it was illegal.
James Monk, 24 DeGarmo Hills Road, came before the Board he
s aid
because he was worried about safety. He gave a history of the
pipeline, when it began, where it was constructed; it went across
a recreation area belonging to Mr. Schuele and it was left wide
open; the recreation area was used by the Town children for ice
skating. At one point a four foot hole was left uncovered for
three weeks and he covered it for the protection of his own and
other children in the area. At this• time the holes are still open
o 0 4 /9'
and half covered with water; it is a dangerous situation.
Mr. Eugen Schuele, Cady Lane, owner of this recreation area, said
he spent $5,000 to make this pond and leased it to the Town for
$1.00 a year.
Peter Parisene, Brothers Road, asked about a newspaper article
stating that this Hearing was in regard to the Town taking an
option on the purchase of these water works. Was this true ---
or was it just on the extension of the lines? He wished to point
out that the water lines went through his property but there was
no legal right-of-way. There was a verbal agreement between the
water company and himself but when he became aware of the illegali-
ties, he did not wish to involve himself.
Don Reilly, Edgehill Drive, requested that the Town Board ask for
an opinion of the Attorney on the legality of the subject matter,
was it legal for them to hold this hearing?
James Coomb, Attorney, representing Hilltop Water Works, felt that
the prime concern of the Town Board at this time, was the health,
safety and welfare of the residents of the Town; he would like to
point out that Hilltop has more than an adequate supply of water
to serve the area; the Public Service Commission raised no question
about the capability of the company supplying an adequate amount of
water; the water is clean, the lines are properly constructed to
transmit the supply of water necessary. The owners have met and
will meet with the Town Board to negotiate conditions required for
other sections of the law. The area was in need of water; this
was evident; his client was acting in good faith presenting this
application to the Board.
Mr. Joseph Fulton did not agree with the former speaker. He
asked the Engineer to the Town if he had certified that the lines
were properly laid. Maybe the Town will buy this system in the
future and who knows we might be buying plastic pipes.
Don Reilly wished to know if there were customers of Hilltop
receiving water at preferred rates and if Cogar was -one of them.
He knew what he paid`for his water but he'd like to know what
others pay.
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James Monk ---when the lines were first being put in he noticed
Inspectors there quite frequently from the Board of Health; he
wondered if this was being done now with new lines being put in.
Is Town inspecting repairs? Does this corporation have qualified
engineers to make repairs to these lines?
Jack Quartararo, representing Cogar, after listening to discussion
regarding Public Service Commission, felt that the Town Board
should not be concerned -about other agencies, they can handle
their own problems. They have their own concerns; this applica-
tion was presented subject to a local law they adopted, therefore
deal with the application.
Mr. Fred Lafko, partner in Atlas Water Works had listened to
previous discussion on this matter now asked if it was legal for
this public hearing to be advertised and held on the matter of
the extension of lines when it is a known fact that there are no
proposed lines, they are already in, this is after the fact.
He further maintained that they did not need to hold this public
hearing; they did not have one for the initial set up of the
corporation so they do not need one to expand.
Mr. Coombs replied they did not need a public hearing according
to Town Law, on the forming of this corporation; on the extension
of the lines, they did need one.
There was further discussion from Mr. Lafko on all the illegalities,
and also from Mr. Fulton.
No one else spoke.
Mr. Holt moved to close the Public Hearing, seconded by Mr.
Hills and carried.
The Hearing closed at 9:23 P.M.
auu2A-\ c-A.LY\kAA,.
Elaine H. Snowden
Town Clerk
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W. and S. D.
NEWS
DISPLAY ADVERTISING
-�- CLASSIFIED ADVERTISING
AX7-3724
20 EAST MAIN STREET - WAPPINGERS FALLS, N.Y.
PLEASE TAKE NOTICE that the Town Board of the Town of
Wappinger will conduct a public hearing at.the Town Hall, Mill Street,
Village of Wappingers Falls, In the Town- of, Wappinger, County of
Dutchess, New York on August 11, 1970, at 7:30 P.M. EDT to hear
ell persons concerning an application -made by Hill Top Water Works
Corp. for the consent of the Town"Board of the Town -of Wappinger
for the extension' and enlargement of its water supply pursuant to
Local Law No. 2 of 1967.
ELAINE H. SNOWDEN
Town Clerk
AFFIDAVIT OF PUBLICATION
State of New York.
County of Dutchess,
Town of Wappinger.
Beatrice. O sten of the
Town of Wappinger, Dutchess County. New York:
being duly sworn, says thatdle is, and sft the several
times hereinafter was, the.Oo.Be1,itou+Rukai4.sbtft
W. & S.D. NEWS. a newspaper printed and published
every Thursday in the year in the Town of Wappinger,
Dutchess County. New York, and that the annexed
NOTICE was duly published in the said newspaper for
• • . ORO .. week succeuively.. OLG0.. in each week.
commencing on the...3.0tb.. day of... July
19.7 0 and on the following dates thereafter, namely on
and ending on the... 3.Qth. . day of.. July
197.0 both days inclusive.
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Subscribed and sworn to befor
this...?... ......... day of... f :::_.. • i-....... .
Notary Public ( I
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My commission expires.\ .):.\. tti .L. i , .., . (,
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TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
AN APPLICATION MADE BY HILL TOP WATER
WORKS CORP. FOR THE CONSENT OF THE TOWN
BOARD FOR THE EXTENSION AND ENLARGEMENT
OF ITS WATER SUPPLY PURSUANT TO LOCAL
LAW #2 of 1967.
STATE OF NEW YORK
ss:
COUNTY OF DUTCHESS
ELAINE H. SNOWDEN, being duly sworn, deposes and says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on July 30, 1970, your deponent posted a copy
of the attached notice of Public Hearing on the Application
Made by Hill Top Water Works Corp. for the Consent of the
Town Board for the extension and enlargement of its water
supply pursuant to Local Law #2 of 1967, on the signboard
maintained by your deponent in her office in the Town Hall
of the Town of Wappinger, Mill Street, in the Village of
Wappingers Falls, Town of Wappinger, Dutchess County, New
York.
r
. +1 1_4
Elaine H. Snowden, Town Clerk
Sworn to before me this / day
of AA= 1970.
7irj,j40BERT V/.
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5;5;1(iN LAI I(i f.J .0 ri:{in .0 i/ "'
Notary Public