2008-3582008-358
Authorizing Settlement of Tax Certiorari - Bank of America
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 December
8, 2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Councilwoman McCarthy.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced for the years 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 and 2008
by Bank of America (f/k/a Fleet Bank), regarding premises located at 1272 Route 9, Grid #6157-
02-609919, seeking a reduction in the tax assessment for 1998, 1999, 2000, 2001, 2002, 2003,
2004, 2005 and 2008 tax assessment for 1998/1999, 1999/2000, 2000/2001, 2001/2002,
2002/2003, 2003/2004, 2004/2005, 2005/2006 and 2008/2009 tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommended a settlement on
this tax review proceeding
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of
Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review
proceeding for the years 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 and 2008, as it pertains
to Grid No.:6157-02-609919.
Original
Reduction in
Final
Tax Year
Assessment
Assessment
Assessment
1998
$350,000
-0-
$350,000
1999
$350,000
-0-
$350,000
2000
$350,000
-0-
$350,000
2001
$350,000
-0-
$350,000
2002
$350,000
-0-
$350,000
2003
$350,000
-0-
$350,000
2004
$350,000
-0-
$350,000
2005
$350,000
-0-
$350,000
2006
No Filing
2007
No Filing
2008 $800,000 -0- $800,000
BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert
& Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all
action necessary and appropriate to effectuate the terms of this resolution.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
12/8/2008
The Resolution is hereby duly declared adopted.
ICAJ,
J HN C. NbkSTERSON, TOWN CLERK
`Yoii Board
'I O�A TI 0 f, Wapp, in eT
d
Viddiebush Ro.a
Wappin'gen� Fails. 'NY 12590
Re
Bank ofArnerica v.Town of %k ammiger
I ROUIC 9
Grid 'No. 615-7-02-609919
Our File No- 27036.04N
Dear Super% I,,o.)r Colsey and IN,Tmter,, cif` the Town Board:
Please b.- advised that the above referenced proceeding is a tax ccrticirxr; matter pending,
for the nears 1998. 1999, 2000, 2001, 2002- 2003. -1004. '002 2()(J17 alid as,;ssjyjicF
roll. Tfits maticr had leen scheduled for trial, llowevar. during, the appraisal exciiange it
our opinJort, along kith the Assessor, that the petition., couid not meel its burden, ,vith respect t
sso
a reduction in the as assent ffir ally of 4issue. years a! sstie- The Petitioner bas :�Lreed to
withdrav aH ,,ears with no reductioU, Wt have agre-ld in ewhange, not to in�:%-as-,, lineir
assc.s,iment, l'Or '1009 and 2010, 1 concur Nvith the Assessor withrespect to the sIttlemcm and
would rt:specffullv reqLWSt that the Town Board favorably consider the Settic-menta"', wall,
N, 'Cn17WI%ti Tatars.
SI.' 'br
cc: Chrigtim Harkins. Ass,essor
Loret-.a Brunello. Deputy Assessor
Chris Nla,;tc-son. Toxvn Clet-1,
X" I