Loading...
1993-03-22 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MARCH 22, 1993 7:00 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL ' PLEDGE ALLEGIANCE TO FLAG ACCEPT MINUTES Reg. Feb. 22, '93 Special March 8, '93 REPORTS OF OFFICERS: Supervisors Annual Financial Report Town Justices Rec. of Taxes Dog Control Officer Bldg. Insp. Zng. Adm. PETITIONS & COMMUNICATIONS a. Notification of Intent to renew Liquor Licenses from: (L) Ron Plimly, Amberleaf Vineyards (2) Michael Leonard, Greenbaum & Gilhooley's b. Application for Hawkers & Peddlers License by Michael Bethel, Ice Cream truck C. J. Paggi, Eng. to Twn., Report on Drainage Bond -1990 d. Notification from Town of LaGrange, Public Hearing on Zoning Ordinance Amendment e. E. Saris, Attny for Tax Reviews, re: possible settlements for (1) Friendly Acura (2) Conifer Dev. Inc. f. NYSDEC Corr. re: SWPCRF - Affirmative Action Program g. Vets of Foreign Wars, Invitation to participate in Village Memorial Day Parade, Monday 5/31 h. NYS Office of General Services re: offer for sale of a Youth Residence at 79 South Ave. Village of Wappingers Falls i. Dutchess Co. Dept. of Public Works, notification of Bridge Replacement on Robinson Lane j. Recommendation from Planning Board re: Rezoning request of AVR Realty Corp. 3. 4. 5. 6.. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT 8. RESOLUTIONS a. Fuel Oil Bids (w/corr. from Attny to Twn.) b. Resolution for Senior Citizens Center building expansion c. Resolution for building for voting machines d. Authorize Supervisor to reimburse several Highway employees for a deferred overtime payment 9. UNFINISHED BUSINESS J. Paggi Report re: Highway Garage Waterline Connection 10. NEW BUSINESS 11. ADJOURNMENT 5z RM32293 The Regular Meeting of the Town Board of the Town of Wappinger was held on March 22, 1993, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the Meeting at 7:00 P.M. Present: Constance Smith, Supervisor James Mills, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Robert Wallace, Councilman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Graham Foster, Highway Superintendent Herbert Levenson, Zoning Administrator The Supervisor asked all to join in the Pledge of Allegiance to the Flag at the commencement of the Meeting. MINUTES --- The Minutes of the Regular Meeting of February 22, 1993 and the Special Meeting of March 8, 1993, having previously been forwarded to the Town Board, was placed before them for their consideration. MRS. VISCONTI moved that the above stated Minutes be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Wallace Motion Unanimously Carried REPORTS --- The following Reports were received: Supervisors Annual Financial Report, Town Justices, Receiver of Taxes, Dog Control Officer, Building inspector and Zoning Administrator for the month of February. MRS. VISCONTI moved to accept the above stated Reports and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried RM32293 Mrs. Visconti complimented Ann Marie Buck, our Dog Control Officer for filling out her Report with more information, as requested at the last meeting. Mrs. Smith noted that her Supervisor's Annual Report was on time again this year (for the third time) and there were only one or two towns in Dutchess County that were on time this year. PETITIONS & COMMUNICATIONS --- Notification of Intent to Renew Liquor Licenses was received from Ron Plimly, Amberleaf Vineyards and Michael Leonard for Greenbaum and Gilhooley's. MR. WALLACE moved to accept the Notifications of Intent and place them on file with no comment. Seconded by Mrs. Visconti Motion Unanimously Carried An Application was received from Michael Bethel for a Peddlers License for an ice cream truck. Mrs. Snowden added that the approval of the Department of Health was not submitted and he said this would not be received until he was ready to put the truck on the road; she further noted that the license would not be issued without this approval. MRS. VISCONTI moved to approve the Peddlers License for Michael Bethel subject to receipt of the Dutchess County Department of Health approval. Seconded by Mr. Wallace Motion Unanimously Carried Mr. Paggi, Engineer to the Town, submitted a report on the 1990 Drainage Bond regarding the current status of the projects and monies spent to date. Mrs. Smith expressed her opinion that this was an excellent report and she thanked Mr. Paggi for updating the Board on the status of the drainage projects. RM32293 5v MRS. VISCONTI moved to accept the Drainage Report submitted by Mr. Paggi, Engineer to the Town, and place it on file. Seconded by Mr. Mills Motion Unanimously Carried Mrs. Smith felt the Town should continue to do as many as they can since the Engineer indicated that the bids were coming in considerably less than anticipated. The Hiview Road Drainage was now being considered, also, the Highway Superintendent has site distance work to do on Old Troy Road and there is a drainage problem there so this work can be done simultaneously. Mr. Paggi further explained that there is a section of the road that is settling due to the fact that there is no provision for runoff. There is no immediate danger, however, the drainage can be taken care of under the drainage bond. MRS. VISCONTI moved to authorize the Engineer to the Town to make the necessary arrangements to have the drainage projects on Old Troy Road and Hiview Road (Mauthe), completed. Seconded by Mr. Mills Motion Unanimously Carried Mr. Paggi explained the report and the money spent on each drainage project; the total bond issue was $1,907.00 and the amount spent to this point is $689,000.00. These two projects will now be done along with three projects they had originally planned to do (Rich Drive, Briar Lane and Oakwood Knolls (Virtue). Notification was received from the Town of LaGrange of a Public Hearing on a proposed Local Law to Amend the Town Code Zoning. MRS. VISCONTI moved to accept the Notication from the Town of LaGrange and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried 10 RM32293 Correspondence was received from Emanuel Saris, Attorney appointed to handle Tax Reviews, recommending settlement of Friendly Acura and Conifer Development, Inc. MRS. VISCONTI moved to approve the settlement of the Tax Certiorari, above stated, based on the recommendation of the Attorney and the Assessor, Thomas Logan. Seconded by Mr. Wallace Motion Unanimously Carried Correspondence was received from the New York State Department of Environmental Conservation regarding acceptance of the policy statement, designation of Constance O. Smith as affirmative action representative and project description for the State Water Pollution Control Revolving Fund. MRS. VISCONTI moved to accept the correspondence regarding the Town compliance with the Affirmative Action Program of the State Revolving Fund, and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried An invitation was received from the Veterans of Foreign Wars for Town Board and Staff to participate in the Village of Wappingers Falls Memorial Day Parade, Monday, May 31st, 1993, at 8:15 AM lineup at the Wappingers Rural Cemetery. Mrs. Smith said she would send acceptance for all Board Members, however, Mr. Mills was not sure if he could participate, so he would let her know at a later date. MR. VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried On a related matter Mrs. Smith announced that there would not be Memorial Day services at the Town Hall this year since only Sf RM32293 a handful ever attended; they would, however go to the ceremony at the Chelsea Yacht Club since they always invite the Town people to attend. The New York State Office of General Services sent notice of a Youth Residence for sale at 79 South Avenue if the Town was interested. MR. VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried Notification was received from Dutchess County Department of Public Works regarding their plans to replace the County Bridge on Robinson Lane. They plan to start construction in early June and anticipate that this will take four to five months. Proper signs will be installed to detour traffic in that area during these months. MRS. VISCONTI moved to authorize the Supervisor to contact the County Department of Public Works requesting that they place big signs at both ends of Robinson Lane alerting the motorists that the bridge is closed, and further moved to accept the correspondence and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried Mrs. Smith said she would write this Department a letter at the time they start the construction so it's fresh on their minds and they won't forget. Correspondence was received from the Zoning Administrator indicating that the Planning Board unanimously voted to recommend a rezoning to RMF -5, as requested by AVR Realty Corp. for property located on Route 9 and MacFarlane Road. 6 RM32293 MR. VALDATI moved to authorize the Attorney to the Town to prepare a resolution for rezoning this property and authorize the Zoning Administrator to prepare the long form Environmental Assessment Form Part 2. Seconded by Mr. Mills Motion Unanimously Carried COMMITTEE REPORTS --- Mrs. Smith welcomed students from R.C. Ketcham High School and invited them to ask any questions they had by raising their hand or else wait until after the meeting. She informed them that the Southern Dutchess News and the Poughkeepsie Journal reporters, were at the Press Table, however WEOK was not present tonight. The four Councilpeople were introduced as were the Attorney, Engineer, Highway Superintendent, Zoning Administrator Town Clerk and Deputy. Mrs. Smith then introduced John Beale, County Legislature and invited him to speak on County matters. He spoke on the possibility of expanding the computer system at the County at a cost of $675,000.00; they are also looking at a new phone system. They will meet on Tuesday and Thursday this week to discuss the advantages and disadvantages of the phone system for the County Executive. It could be a savings of 1.1 million dollars over a ten year period. Mrs. Smith spoke on the expansion of the computer system but she wondered why a new phone system at this time --were the present ones broken. Mr. Beale answered that the problem is they have 41 buildings and the present system cannot handle it, s but it needs further research. The Supervisor went on to the Reports from the Town Board. Mr. Mills had no reports for this Meeting. Mr. Valdati commended the Highway Crew for the excellent job they have done keeping our roads clear during the last few S(, RM32293 weeks during wee hours and late hours. Mrs. Smith mentioned that she heard one of the other highway crew on the radio asking if Wappinger was out there yet plowing and they answered "of course Wappinger is out, they're always first". Mr. Wallace thought the Highway did a fantastic job clearing the area of the amount of snow we had. Mrs. Visconti, Recycling, thought it was an excellent idea that Lillian, person working there, went through everything and distributed it to organizations that could use some of the items; she is doing her job above and beyond the call of duty and is a good employee. Mrs. Smith announced that we are now going to issue Recycling Stickers in order to make sure we are just serving the residents of Wappinger who are paying taxes to this Town. The Board has observed people from other Towns coming in with their recyling and disposing of it at no charge. We are paying $85.00 a ton plus the transport charges out of taxpayers' money; we cannot give this service to non-residents. The Town will now issue Stickers for Town residents at no charge; the Town Clerk's office will be open Wednesday, March 31, 1993 from 4:00 P.M. through 7:00 P.M. and Saturday, April 3, 1993, 8:30 A.M. to 11:00 A.M. Another item Mrs. Smith reported on related to the mandated salt bin facility; Dutchess County will not be taking part in this project. She spoke to their Attorney who informed her that they require a liner for their facility, however this Town will will not provide one at extra expense to our taxpayers since we do not need it for the facility we plan to construct. They will continue to do what they are doing now and when the Town gets their building they will load up at so much an hour. As far as the Town goes, they agreed there will be no more free ride for the County. Mr. Mills requested the Supervisor to 19 RM32293 write a letter to the County indicating that if they are out, they are out completely and they will not be getting any more free service from this Town. Mrs. Smith agreed that we should make a firm stand on this. The Supervisor reported on a meeting with the Tri -Municipal Commission, the public and the Department of Conservation from White Plains and New Paltz and Albany. It did not work the way they wanted it to; the D.E.C. and the Commission are at logger- heads and are using the Town of Wappinger. The D.E.C. seemed to bend a bit but the Commission would not budge. BONDS & LETTERS OF CREDIT --- Mr. Levenson, Zoning Administrator, submitted this Report for the month of February. He noted that the Red Hawk Hollow Subdivision had a "Call Up" of February 1, 1993 and he was notified that the Connecticut Bank and Trust Company has issued the Letter of Credit. MRS. VISCONTI moved to accept the Report from Mr. Levenson and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried RESOLUTIONS --- Fuel Oil Bids, with correspondence from the Attorney was placed before the Board for their consideration. Mrs. Smith explained that the bids last year quoted a bid price plus or minus the Harbor Tank price, with the exception of the one oil company. She, therefore, thought this was a firm bid and would not vary as the other bids would, and it appeared that the other Board Members had this opinion, also; they were awarded the bid, as low bidder. She discussed this with the company and noted that they had a firm bid, however, they told her the Town assumed that. Not so, they took the price that was RM32293 given and came to the conclusion that this company owes the Town the sum of $2,363.30. Our Attorney notified their attorney of this debt and the correspondence referred to indicates that they are making a final offer to us of $700.00 which is unacceptable. Their attorney informed the Supervisor that the Town should not have assumed that the price quoted was a firm price. Mrs. Smith was now placing this before the Board for their decision. MRS. VISCONTI moved to accept the letter and place it on file. Seconded by Mr. Wallace Motion Unanimously Carried MRS. VISCONTI moved to go into Executive Session for discussion of the matter. Seconded by Mr. Wallace Motion Unanimously Carried The Board went into Executive Session at 7:45 P.M. The Board reconvened the Meeting at 7:55 P.M. with all Board Members present. MRS. VISCONTI moved to award the Fuel Oil Bid to Bottini Fuel Corp. as low bidder. Seconded by: Mr. Valdati Roll Call Vote: 4 Ayes Mr. Wallace ---Abstained Senior Citizens Center Building Expansion --- The following Resolution was introduced by COUNCILMAN MILLS and seconded by Councilman Valdati: WHEREAS, the number and needs of the people of the Town of Wappinger using the existing Senior Citizens Center located at Town Hall have increased to a point rendering the existing facility inadequate; and WHEREAS, it is in the best interest and in furtherance of WM the public welfare to expand the existing Town Hall to house the existing Senior Citizens Center by approximately 858.6 square feet, affecting less than .02 acres, and would be constructed at a maximum estimated cost of $89,958.00 to be paid out of unallocated surplus general Town funds. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS; 1. The Town Board of the Town of Wappinger hereby �% RM32293 determines that it is in the best interest and safety of the people of the Town of Wappinger and in furtherance of the public welfare, to expand the existing Town Hall to house the existing Senior Citizens Center approximately 858.6 square feet, affecting less than .02 acres, at a maximum estimated cost of $89,958.00 to be paid out of unallocated surplus general Town funds. 2. The Town Board hereby determines that the intended action, i.e., the adoption of the proposed Local Law, is an unlisted action pursuant to Article ECL and the related Title 6 Part 617 NYCRR and, Local Law #6 of the year 1992 "A Local Law Amending Local Law #2 of 1977 Entitled "Environmental Quality Review". 3. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself Lead Agency pursuant to Article 8 ECL and the related Title 6 Part 617 NYCRR. 4. The Town Board has caused to be completed Part I and Part II of the short form EAF for this project, in the form annexed hereto as Exhibit A. 5. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR, and hereby determines that the intended action will not create any significant adverse affects on the environment and hereby issues a Negative Declaration of Significance for this project. 6. The Town Supervisor is hereby authorized to execute Part III of the short form EAF and directs the Town Clerk to provide for the filing and distribution of the short form EAF as provided by law. Roll Call Vote: 5 Ayes 0 Nays Voting Machines Storage Building --- The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Councilman Mills: WHEREAS, the existing voting machines storage building located at Town Highway Department has become inadequate in size to store the increased number of voting machines; and WHEREAS, it is in the best interest of the people of the Town of Wappinger to provide sufficient storage space to properly maintain these voting machines which provide a vital function to the electorate; and WHEREAS, the proposed addition to the existing storage facility is approximately 288 square feet, affecting less than .01 acres, and would be constructed at a maximum estimated cost of $7,500.00 to be paid out of unallocated surplus general Town funds. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby determines that it is in the best interest and in furtherance of the public welfare of the people of the Town of Wappinger to construct a proposed addition measuring approximately 288 6c RM32293 square feet, affecting less than .01 acres, to the existing voting machines storage building for purposes of storing voting machines, at a maximum estimated cost of $7,500.00 to be paid out of unallocated surplus general Town funds. 2. The Town Board hereby determines that the intended action, i.e., the adoption of the proposed Local Law, is an unlisted action pursuant to Article ECL and the related Title 6 Part 617 NYCRR and, Local Law #6 of the ,year 1992 "A Local Law Amending Local Law #2 of 1977 Entitled "Environmental Quality Review". 3. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself Lead Agency pursuant to Article 8 ECL and the related Title 6 Part 617 NYCRR. 4. The Town Board has caused to be completed Part I and Part II of the short form EAF for this project, in the form annexed hereto as Exhibit A. 5. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR, and hereby determines that the intended action will not create any significant adverse affects on the environment and hereby issues a Negative Declaration of Significance for this project. 6. The Town Supervisor is hereby authorized to execute Part III of the short form EAF and directs the Town Clerk to provide for the filing and distribution of the short form EAF as provided by law. 690 Roll Call Vote: 5 Ayes 0 Nays The next item referenced Deferred Payroll - Highway Department 1979; Mrs. Smith explained that a letter was written to the Highway employees notifying them that money owed them for overtime would be paid at their termination of employment with the Town of Wappinger Highway Department. It seems that the payroll money ran out. Upon reviewing this correspondence the Supervisor thought that probably in 1979, they were making $6.00 an hour, now they're making $17.00, and by the time they retire it will be higher again. She then spoke to the Attorney and suggested paying these employees now and make a note of it on their record. The Attorney evidently researched and found out that it was illegal to put off paying these employees so it has to be rectified now. There are five employees involved --- Robert Newhall, Glenn T. Heady, George Silvestri, David Croshier and Douglas Hirsch; the total amount is $284.62. �0 \ RM32293 MRS. VISCONTI moved to authorize the Supervisor and the Comptroller to pay the five Town of Wappinger Highway Department employees the total amount of $284.62 for overtime money owed to them by the Town since 1979. Seconded by Mr. Valdati Motion Unanimously Carried Two bids were received for the Town Cleanup --Royal Carting and M & G Sanitation; the Highway Superintendent recommended that these bids be rejected and rebid with tighter specifications. MRS. VISCONTI moved to reject both bids for Town Cleanup, as recommended by the Highway Superintendent and rebid the Cleanup. Seconded by Mr. Valdati Motion Unanimously Carried UNFINISHED BUSINESS --- A Report was received from the Engineer to the Town on the Highway Garage Waterline Connection. As per the Board's request he had prepared a feasibility study for the connection from the Village system to the Town Highway Garage site on Old Route 9. He enclosed a sketch showing two alternatives, "A" and "B", estimated to cost $69,000.00 and $101,400.00 respectively. At this point in time, the Supervisor felt they should stick with option "A", otherwise they would have to go to bonding. MRS. VISCONTI moved to authorize the Engineer to proceed with Option "A", total cost of $69,000.00 for the waterline connection to the Town Highway Garage. Seconded by Mr. Wallace Motion Unanimously Carried John Schouten, Ketchamtown Road, was recognized by the Chair and referred to a request by him to the Board last October to put two signs at his road which would enable him to exit on to Route 9D during the rush hour -- he is still waiting for these bd RM32293 signs. Mrs. Smith explained that he was told at that time that they were talking about a State Road, therefore, she called the State Department of Transportation to request these signs and they informed her they would do it. They obviously did not do it and when Mr. Schouten returned from Florida and again asked for these signs, Mrs. Smith called this agency again and was told they would look into it but no promises were made. Mr. Schouten noted that he observed when he drove on Route 9 from Fishkill up to Wappinger, that there are all new signs on that road; all he wants is two signs on Route 9D and they can't do that for him or the residents of that area. Mrs. Smith offered to call again or write another letter but had no guarantee that they would respond. MR. VALDATI moved to authorize the Supervisor to forward a letter to the New York State Department of Transportation requesting that these signs be placed on Route 9d as a safety measure. Seconded by Mr. Wallace Motion Unanimously Carried Mr. Valdati had a question on whether the Department of Health had tested the waters of the homes in close proximity to the Highway Garage in relation to the mandated salt bin facility. As she had responded previously when this question was asked, Mrs. Smith repeated that the Department of Health has mandated this salt bin facility by August of 1993 and as soon as this is completed, they will pursue the testing of the resident's water. They are testing the ground now, but not necessarily every week. NEW BUSINESS --- Mrs. Visconti needed answers to some matters -- she asked the Attorney about the Dorothy Heights drainage matter; it seems he wrote a letter to the residents of that road regarding b(� RM32293 easements but did not receive a response --what are we doing about it. It was the Supervisor's recollection that at the work shop with the Dorothy Height's people, the decision was that the Town would try to do what they can do, (which is not a lot) IF the residents cooperate with giving easements. It was the consensus of opinion that they would not be able to obtain all of them, but time would tell about that. Mrs. Visconti's second query was on the status of an agreement with Leahy Company on overcharge of workmen's compensation coverages; they don't receive compensation from the Town unless they find us some savings. Mrs. Smith said they were still in the process of researching this matter. Next --fixed assets appraisal --this was completed. Mrs. Visconti asked the Attorney about progress with Fieldstone Farms, but he said he never got the cooperation from Mr. Klein. The only thing they were able to determine that he did, several years ago, send in legal descriptions, not deeds. We do not have the final legal descriptions matching the amended maps and the amended roads. It was suggested that the Supervisor contact Mr. Klein and ask him to discuss this with the Attorney so it can be resolved. Mrs.Smith reported that the roof of the Town Hall building is leaking and the custodian has been up there taking the snow off and trying to help the situation. In the meantime they are checking the files for the contractor who did the roofing and determine if we still have a warranty. The Attorney, as a safety comment, requested the Supervisor to advise the Assessor not to place an assessment on the common areas of Fieldstone Farms. There was no other business to come before the Board. MR. WALLACE moved to adjourn the meeting, seconded by Mrs. Visconti and unanimously carried. Elaine H. Snowden The Meeting adjourned at 8:10 P.M. Town Clerk �� Q 1 j TOWN OF WAPPINGER SUPERINTENDENT GRAVIAM FOSTER SUPERINTENDENT OF HIGHWAYS P.O. BOX 324 WAPPINGERS FALLS, N.Y. 1993 Fuel Oil Bid Report (914)297-9451 The low New York Harbor Tank Car resellers price as posted in the section entitled Journal of Commerce Daily Petroleum Prices of the New York Journal of Commerce, will be the basis for establishing price on day of delivery. BIDDER BOTTINI FUEL CORP %W STORMVILLE OIL NO. 2 FUEL OIL Plus .059�-or minus PLus .12(,% or minus DIESEL FUEL Plus .079(�or minus. Plus .12c,% or minus BEACON OIL Plus .09(� or minus Plus9.5rs or minus The Highway Superintendent recommends the bid be awarded to Bottini Fuel Corp. SHELDON CUTLER LEONARD KLEIN AP,THUR L. GELLERT STEPHEN E. EHLE" PAUL J. GOLDSTEIN* JOHN A, GEOGH@GAN ALBERT P. ROBERn LILLIAN S. WEIrEKT STEPHEN E. DIAMOND`" RAIN!, E, MAI5SEL+ DAVID FL. WISE#+ EMANUEL F. 3AR15 TERRY D. HORNER "ADMITTED IN NY 6 FL "ADMITTED IN NY, FL a MA • ADMITTED IN NY 6 ENC -LAND •+ .ADMITTED IN NY a C -r VIA FAX AND REGULAR MAIL, Louis J. Vi,glotti , 18 South Avenue Wappingers Falls, GELLERT 8 CUTLER, P.C. ATTORNEYS AND COUNSELORS AT LAW 75 wASHINCTON STfLEET POUGHKEEPSIE, NOW YORK 1?601 (914) 454-3250 FAX: 91d -454 -4658 Esq. NX 12590 March 15, 1993 JOSEPH H. GELLFRT (1007.1989) WESTCHFjTER OFFICE 35 PURCHASE STREET RYE, NEW YORK 10580 (014) 96y-6200 FAX 914 +967.623$ LONG ISLAND OFFICE 2001 MARCUS AVENUE, SUITE W95 LAKE SUCCESS, NEW YORK 11042 (516) 355-0005 Re: mown of Wappinger - Bottini Fuel Corp. Our File No. 5457.8026 Dear Mr. Viglotti. This is to confirm our recent conversation wherein you indicated your Client's final offer is $700.00 towards the $2,363.30 due and owing to the Town of Wappinger pursuant to the 1992 contract for fuel oil. This offer is unacceptable. I have advised the Town to deduct the $2,363.30 from current amounts due Bottini. Further, the mown has advised that if, in fact, your client had submitted the lowest bid for 1993, it would not be awarded the contract since its failure to abide by the 1992 contract demonstrates that it can not be the lowest responsible bidder, Simply for your information, I have been advised that at no time has any Town official represented to you that your client has indeed submitted the lowest bid for 1993, Very truly yours, GELLERT & CUTLER, P.C. L41,WEMANUEL F. SARIS EFS/aja cc: 'down of Wappinger Town Board