2022-93 2022-93
Resolution Authorizing Refund Of Benefit Assessment Assessed And Collected In Error
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 April 11, 2022.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the
following was recorded:
✓Vote Record-Resolution RES-2022-93
2 Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter 2 ❑ ❑ ❑
❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑
❑ Withdrawn Christopher Phillips Seconder 2 El El El
Al Casella Mover Q ❑ ❑ ❑
The following Resolution was introduced by Casella and seconded by Councilman Phillips.
WHEREAS, pursuant to Real Property Tax Law §556, a taxing entity may refund or provide a credit to
any person the amount of any tax or benefit assessment for up to three years where such tax or benefit
assessment was attributable to an error; and
WHEREAS, a benefit assessment for the United Wappinger Water District was charged to tax parcel
6259-04-875025 in error as the parcel is not supplied with water and was not previously included in the Central
Wappinger Water Improvement Area; and
WHEREAS, the owner of tax parcel 6259-04-875025 has made application on form RP-556 for a
refund of the benefit assessment charges that were erroneously charged and filed the same with Dutchess
County Real Property Tax Service as required by law; and
WHEREAS, the assessor and the water system operator have reviewed the application and determined
that the property was erroneously included on the United Wappinger Water District benefit assessment roll, so a
tax credit and refund are appropriate;
NOW THEREFORE BE IT RESOLVED, that
1. The Town Board, agrees that the UWWD benefit assessment was made in error and directs that
tax parcel 6259-04-875025 is due a credit of $260.40 for the United Wappinger Water District
benefit assessment on the 2022 Tax Roll.
2. Refunds are due to the owner of tax parcel 6259-04-875025 for benefit assessments paid in 2021
and 2020 in the amounts of $202.69 and $203.01 respectively payable from the United
Wappinger Water District.
3. Such refund is contingent upon approval by the Dutchess County Office of Real Property Tax
Services and the presentment of a fully completed Form RP-556 which shall be retained by the
Town Comptroller for Audit purposes.
4. The Town Clerk shall provide a certified copy of this resolution to the Dutchess County Office
of Real Property Tax Services.
5. The Town Comptroller is directed to make a payment to the property owner upon presentation of
the properly approved form.
6. The Engineers to the Town are directed to remove tax parcel 6259-04-875025 from the maps
showing that it is included in the UWWD, and the Assessor is directed to remove the parcel from
the benefit assessment roll for the UWWD.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
4/11/2022
The Resolution is hereby duly declared Adopted.
JOSb Pf t P. PAOLONI, TOWN CLERK