2006-2412006-241
Resolution Reducing Benefit Units for O&M/Sewer Rent Charges for the Hark/Kandr,
LLC Parcels
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on
November 27th, 2006.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Bettina.
WHEREAS, Hark/Kandr, LLC, owns two (2) parcels of property located respectively at
1299 Route 9 and 1315 Route 9, Town of Wappinger, Dutchess County, New York, and
respectively identified as Tax Map Grid Nos. 6157-02-567483 and 6157-02-567518, hereinafter
referred to as the "Parcels"; and
WHEREAS, the Parcels are located within the Wappinger Sewer
Transmission/Treatment Improvement Area Phase 3A, hereinafter referred to as "Phase 3A"; and
WHEREAS, each Parcel has been assigned 23.83 Benefit Units for Phase 3A which
Benefit Units are utilized for the purposes of establishing both Capital Assessments and
Operation and Maintenance (O&M)/Sewer Rent Charges; and
WHEREAS, Hark/Kandr, LLC has duly filed Benefit Unit Assessment Grievance
Applications to the Town Board; and
WHEREAS, the Town Board has agreed to reduce the Benefit Units for O&M/Sewer
Rent Charges only.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby reduces the Benefit Units assigned to the Hark/Kandr
LLC parcel located at 1299 Route, Wappingers Falls, New York identified as Tax Map Grid No.
6157-04-567483 to the total of ten (10) Benefit Units for O&M/Sewer Rent Charges only, which
charges are to be paid quarterly, when, as, and if, the parcel is duly connected to Phase 3A.
3. The Town Board also hereby reduces the Benefit Units assigned to the
Hark/Kandr LLC parcel located at 1315 Route 9, Wappingers Falls, New York identified as Tax
Map Grid No. 6157-02-567518 to the total of ten (10) Benefit Units for O&M/Sewer Rent
Charges only, which charges are to be paid quarterly, when, as, and if, the parcel is duly
connected to Phase 3A.
4. The Town Board further confirms that the Benefit Units assigned to the property
for Capital Assessments shall remain at 23.83 Benefit Units for each parcel.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting:
AYE
ROBERT L. VALDATI, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
11/27/2006
The Resolution is hereby duly declared adopted.
C�IOHN C. ASTERSON, TOWN CLERK
TOWN OF WAPPINGER
ggSF SOR,i6®
To: Town of Wappinger Town Boardq�
Hon. Joseph Ruggiero, Supervisor AUG 3 / ? F�C�
Albert P. Roberts, Esq., Town Attorney 006
Chris Masterson, Town Clerk
1. The date of this application is August 29, 2006.
2. The complainant is HARK/KANDR, LLC, whose address is 11 Marshall Road, Suite 1P,
Wappingers Falls, New York 12590. The phone number for HARK/KANDR, LLC is
(845) 296-1769.
3. HARK/KANDR, LLC `s representative is HANIG & HANDEL, ATTORNEYS AT
LAW, LLP, 22 IBM Road, Suite 210, Poughkeepsie, New York 12603 and their
telephone number is (845) 471-7177.
4. HARK/KANDR, LLC by and through their representative seek a reduction in the number
of benefit units on property they own known as 1315 Route 9, in the Town of Wappi.nger,
County of Dutchess and State of New York, more specifically known as S/B/L 6157-02-
567518 (the Property)..
5. The Property is wholly within the WAPPINGER SEWER
TRANSMISSION/TREATMENT IMPROVEMENT AREA PHASE 3A.
6. Upon information and belief, the assignment of benefit units with respect to the property,
made as aforesaid, is erroneous, unjust, unlawful and unequal for the following reasons:
(a) the Benefit Unit Assessment currently assigned to the Property is 23.83, which is
excessive and should be reduced by 22.43 Benefit Units to a total Benefit Unit
Assessment of 1.4.
conferred on the Property and the rates charged to the property owner do not
reasonably correlate to their usage. r
(c) the methodology used by the Town, to calculate and establish the ``rent rates".aze
in violation of Article 14-F (Sewer Rent Law) of the General Municipal Law.
(d) the `rent rates" are in violation of the United States and New York Constitutions
because inter alfa said assessments are unequal in that the Property has been
assessed more benefit units then other properties with substantially similar usage
and of the same major type.'
(e) said "rent rates" are illegal and erroneous in that the Property is not assessed
benefit units upon one col=, on and general principal of valuation applied by the
Town in assigning benefit units generally then other real property appearing on
the same assessment rolls.
Ne ; r+ a rnek-r&Q-.r e, F Lc1 ck) ('S 0. m P m 6,v,Y
1, JAY M9 RT, asfa er-of the complainant HA.RK/KANDR., LLC hereby designate
LYNN M. SMOOKLER, ESQ. to act as my representative in any and all proceedings before the
Town of Wappinger for purpose of reviewing the benefit unit assessment for sewer rents
imposed by the Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A.
Date: August ZO , 2006 I11191 me rn by r
1 T M or'f� r� YYIP�mb2�osl-eCQ Y F
I LYNN M. SMOOKLER, certify that all statements made on this application are true and correct
to the best of my knowledge and belief, and I understand that the making of any willful false
statement of material fact herein will subject me to the provisions of the Penal Law relevant to
the making and filing of false insturments
Date: August 2006
Town
Application
�- TOWN Ut- WAPPINGER
g�
.y r.•
aE5;4i'+,�-rte`
ham ..A
ding this application with the
deadline
Wappinger Assess:o�`;"
,r
`
1 A written response from the
Town o'art.o� t
Bd
,.�epf.ember •
regarding the outcome of this
grievance, a h a I T ,�Er�...... i
rT.1.ca.nt, within 60 days. Upon, completion
of this form by tF°
�`hcoming•�
his/her representative, this
form should' be ma�l4ecY;�
a"pert.y owner or
the Wappinger Town Assessor
20 Middlebush, FGoad rn$m
de1'iVered to
NY 12590.
�s
ngers Fal 1 s,
August 29, 2006#max'
OF
E APPLICATION:'
?PERTY OWNER:
-€
f
Name HARK/KANDit, LLC
K
r Wappingers Falls NY 12590
ll Marshall Road, Suite 1P, 47app g
Address
(845) 296-1769
Telephone #(H)
Representative s Name/Address (if apt n1icable)
NY
r Mani &Handel, Attorneys at Law, LLP, 22 IBM Road S `Y si.e
G157-02-567518
X AP IDENTIFIER (GRID NUMBER ON TAX BILL):
OxU.NDS FOR GRIEVANCES TYPE (WETLANDS, ELECTRICAL,
GAS, ETC.)
SEE ATTACHED
—
F'IRT HER COMMENTS REGARDING SUBJECT PROPERTY:
Tax Parcel Map
Map Printed: 11/13/2006
This map was produced using the on-line tax parcel information retrieval and
mapping system for Dutchess County, NY (I.M.A.G.I.S).
ABSOLUTELY NO ACCURACY OR COMPLETENESS GUARANTEE IS
IMPLIED OR INTENDED. ALL INFORMATION ON THIS MAP IS SUBJECT
TO SUCH VARIATIONS AND CORRECTIONS AS MIGHT RESULT FROM A
COMPLETE TITLE SEARCH AND/OR ACCURATE FIELD SURVEY.
http://gi s. dcny. gov/servleticom.esri. esrimap.Esrimap?ServiceName=townscolor&Form=... 11/13/2006