2009-3222009-322
Resolution Authorizing Settlement of Tax Certiorari - Raymours Furniture Company, Inc.
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 October
13, 2009.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale (arrived at 6:08 PM)
Vincent F. Bettina
Maureen McCarthy (arrived at 7:28 PM)
Joseph P. Paoloni
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, there is now pending in the Dutchess County Supreme Court, tax certiorari
proceedings commenced in 2007, 2008 and 2009, by Raymours Furniture Company, Inc.,
regarding premises located at 1701 Route 9, Grid # 6158-10-497508-00, seeking a reduction in
the 2007/2008, 2008/2009 and 2009/2010 assessment for the respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommended settlement on
this tax review proceeding; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of Town of
Wappinger hereby approves settlement on behalf of the Town of Wappinger of the tax review
proceeding for the years 2007, 2008 and 2009, as it pertains to Grid # 6158-10-497508-00.
Original Reduction in Final
Tax Year Assessment Assessment Assessment
2007/2008 $10,000,000.00 $5,000,000.00 $5,000,000.00
2008/2009 $10,000,000.00 $5,000,000.00 $5,000,000.00
2009/2010 $10,000,000.00 $5,000,000.00 $5,000,000.00
and
BE IT FUTHER 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: ABSENT
JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
10/13/2009
The Resolution is hereby duly declared adopted.
HN C. MASTERSON, TOWN CLERK
Leonard Klein
Arthur L. Gellert
Stephen E. Ehlers
John A. Geoghegan
Lillian S. Weigert
Scott L. Volkman
David R. Wise"
Roderick J. MacLeod
Bevin S. Harrington
Kelly L. Traver "
Daniel H. Stock
Pamela B. Richardson
Laura E. Vincenzi
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Gellert & Klein, P.c.
Attorneys at Law Counsel
75 Washington Street •Poughkeepsie, NY 12601 S. Nina Gellert
Westchester County Office Columbia County Office
3010 Westchester Avenue Suite 302 2210 Route 7 Joseph H. Gellert
Purchase, NY 10577 Copake, NY 12516 (1907-1989)
(914) 249-0100 (518) 329-1533 tel/fax
(914) 249-0111 fax
'Also Admitted in CT
www.gklaw.us 'Also Admitted in NJ
October 6, 2009 *Also Admitted in England
Re: Raymours Furniture Co., Inc.
Grid # 6158-10-497508
Our File No.: 27036.7629
Dear Supervisor Colsey and Town Board Members:
The premises involving the above -referenced parcel is located at 1701 Route 9, in the Town of
Wappinger and Village of Wappingers Falls. It is currently in the name of NAMCO. The matter involves
proceedings for the years 2007, 2008 and 2009. The property was assessed at $10,000,000.00, and calls for a
reduction in assessment of $5,000,000.00 to an agreed upon assessment of $5,000,000.00. Since the property is
assessed at 100% equalization rate the reduced value reflects the agreed upon market value as well. This
number was agreed to by the Assessor in consultation with Don McGrath.
Please note that refunds are payable without interest. The Assessor has provided a refund analysis for
your consideration.
It is my recommendation along with the Assessor that the Board favorably consider this settlement.
If you have any questions in the meantime, please do not hesitate to contact my office.
SLVbr
Enc.
cc: Christian Harkins, Assessor
Christopher Masterson, Town Clerk
Very truly yours,
FAUSER\clients\W\Wappinger - Town\Tax Certs\Raymours Fumiture\I0-6-09 Itr w settlement resolution.wpd
(845) 454-3250
Raina E. Maissel°
(845) 454 4652 fax
Justice George D. Mario Appellate
Appellate Division (Ret.)
Senator Stephen M. Sal
Robert C. Vincent, Jr.
Re: Raymours Furniture Co., Inc.
Grid # 6158-10-497508
Our File No.: 27036.7629
Dear Supervisor Colsey and Town Board Members:
The premises involving the above -referenced parcel is located at 1701 Route 9, in the Town of
Wappinger and Village of Wappingers Falls. It is currently in the name of NAMCO. The matter involves
proceedings for the years 2007, 2008 and 2009. The property was assessed at $10,000,000.00, and calls for a
reduction in assessment of $5,000,000.00 to an agreed upon assessment of $5,000,000.00. Since the property is
assessed at 100% equalization rate the reduced value reflects the agreed upon market value as well. This
number was agreed to by the Assessor in consultation with Don McGrath.
Please note that refunds are payable without interest. The Assessor has provided a refund analysis for
your consideration.
It is my recommendation along with the Assessor that the Board favorably consider this settlement.
If you have any questions in the meantime, please do not hesitate to contact my office.
SLVbr
Enc.
cc: Christian Harkins, Assessor
Christopher Masterson, Town Clerk
Very truly yours,
FAUSER\clients\W\Wappinger - Town\Tax Certs\Raymours Fumiture\I0-6-09 Itr w settlement resolution.wpd
Gellert & Klein, P.C.
Attorneys at Law
-2-
Matt Alexander, Mayor
Joseph McGowan, Esq.
Daniel Petigrew, Esq.
FAUSER\clients\W\Wappinger - Town\Tax Certs\Raymours Fumiture\10-6-09 ltr w settlement resolution.wpd
Benderson Trust-Raymours
Benderson Trust-Raymours
Refunds
Year
Assess. Value
Eq. Rate
Year
Assess. Value
Eq. Rate
Eq. Value
Stip AV
Eq. Stip Value Red Amt.
Town
County
Library School
Totals
2007
10,000,000.00
100.00
$10,000,000
5,000,000
5,000,000 $5,000,000
$0.00
$0.00
$0.00 $61,452.28
$61,452.28
2008
10,000,000.00
100.00
$10,000,000
5,000,000
5,000,000 $5,000,000
$3,100.00
$11,450.00
$600.00 $65,250.00
$80,400.00
2009
10,000,000.00
100.00
$10,000,000
5,000,000
5,000,000 $5,000,000
$4,250.00
$12,700.00
$1,500.00 NIA
$18,450.00
Totals
$7,350.00
$24,150.00
$2,100.00 $126,702.28
$160,302.28
Benderson Trust-Raymours
Refunds
Year
Assess. Value
Eq. Rate
Eq. Value
Stip AV
Eq. Stip Value Red Amt.
Village
2007
10,000,000.00
100.00
$10,000,000
5,000,000
11,340,000 $5,000,000
$37,261.50
2008
10,000,000.00
100.00
$10,000,000
5,000,000
11,340,000 $5,000,000
$42,500.00
2009
10,000,000.00
100.00
$10,000,000
5,000,000
5,000,000 $5,000,000
$0.00
Totals
$79,761.50
TOWN OF WAPPINGER
TOWN BOARD RESOLUTION
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2007, 2008 and 2009 by Raymours Furniture Company, Inc.,
regarding premises located at 1701 Route 9, Grid # 6158-10-497508-00, seeking a reduction in
the 2007/2008, 2008/2009 and 2009/2010 assessment for the respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommend settlement on
this tax review proceeding; now, therefore be it
RESOLVED, that the Town Board of Town of Wappinger hereby approves settlement
on behalf of the Town of Wappinger of the tax review proceeding for the years 2007, 2008 and
2009, as it pertains to Grid # 6158-10-497508-00.
Tax Year
2007/2008
2008/2009
2009/2010
and be it further
Original
Assessment
$10,000,000.00
$10,000,000.00
$10,000,000.00
Reduction in
Assessment
$5,000,000.00
$5,000,000.00
$5,000,000.00
Final
Assessment
$5,000,000.00
$5,000,000.00
$5,000,000.00
RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C.
Special Counsel to the Town of Wappinger hereby authorize to take all action necessary and
appropriate to effectuate the terms of this resolution.
Dated: October 13, 2009