2010-1642010-164
Resolution Authorizing the Settlement of Tax Certiorari Regarding Dutchess Bleachery
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 26,
2010.
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 6:05 PM)
Vincent F. Bettina (departed at 9:13 PM)
Ismay Czarniecki
ABSENT:
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, there is now pending in the Dutchess County Supreme Court, tax certiorari
proceedings commenced in 1998, 1999 and 2000 by Dutchess Bleachery, LLC., regarding Grid
Nos. 6158-13-186252; 6158-13-199254 and 6158-13-220254, seeking a reduction in the 1998
through 2000 tax assessment for those respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommend a settlement of
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 through 2000, as it pertains to Grid Nos. 6158-13-186252; 6158-
13-199254 and 6158-13-220254, as follows:
Grid Nn_- 615R-13-186252
Tax Year
Original Total
Assessment
Reduction
Final Assessment
1998
67,500
-0-
67,500
1999
67,500
-0-
67,500
2000
1 67,500
-0-
67,500
Grid Nn_- 61';R-11-199254
Tax Year
Original Total
Assessment
Reduction
Final Assessment
1998
27,000
-0-
27,000
1999
27,000
-0-
27,000
2000
j 27,000
-0-
27,000
Grid Nn_- 615R-13-220254
Tax Year
Original Total
Assessment
Reduction
Final Assessment
1998
120,000
-0-
120,000
1999 120,000
-0-
120,000
2000 120,000
-0-
120,000
1 r_„ �
BE IT FURTHER RESOLVED, that the Town supervisor, 1 own Assessor Mid uellel L
& 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
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
ABSENT
Dated: Wappingers Falls, New York
4/26/2010
The Resolution is hereby duly declared adopted.
J C. MASTERSON, TOWN CLERK
rffl Gellert & Klein, P.C.
Leonard Klein Attorneys at Law
Arthur L. Gellert
Stephen E. Ehlers 75 Washington Street - Poughkeepsie, NY 12601
ohn A. Geoghegan (845) 454-3250
Lillian S. Weigert
Scott L. Volkman (845) 454-4652 fax
David R. Wise*
Roderick J. MacLeod
Bevin S. Harrington Westchester County Office Columbia County Office
Kelly L. Traver* 3010 Westchester Avenue Suite 302 2210 Route 7
Daniel H. Stock Purchase, NY 10577 Copake, NY 12516
Pamela B. Richardson • (914) 249-0100 (518) 329-1533 tel/fax
lizabeth M. Corrado (914) 249-0111 fax
www.gklaw.us
April 20, 2010
Town Board
Town of Wappinger
20 Middlebsuh Road
Wappingers Falls, NY 12590
Re: Dutchess Bleachery vs. Town of Wappinger
Our File No. 27036.8729
Dear Supervisor Colsey and Town Board Members:
Counsel
S. Nina Gellert
J Raina E. Maissel °
Justice George D. Marlow
Appellate Division (Ret.)
Senator Stephen M.Saland
Robert C. Vincent, Jr.
Joseph H. Gellert
(1907-1989)
E
There are three (3) pending years with respect to the above referenced tax certiorari proceeding for 1998,
1999, and 2000 for three (3) parcels located at McKinley Street at Industrial Park. Until the matter was recently
scheduled for conference with Judge Brands, I did not even have a file on this matter, as I did not receive a file
on this matter from my predecessor and I believe that subsequent years were settled or not pursued following a
sale. I believe that the expectation was that these prior years were no longer viable. Each of these years was
also prior to the revaluation.
Nevertheless, we did have a conference before Judge Brands recently where this matter was discussed.
Subsequent to that conference, in fiuther discussions with the Petitioner, they have agreed to Discontinue the
above referenced proceedings. Therefore, I submit a Resolution for your consideration regarding the settlement
of the above -referenced matter. There are no proposed reductions for any of the years at issue for the three (3)
parcels which are the subject of each of these proceedings.
If you have any further questions, please do not hesitate to contact me.
Very truly yours,
GELLERT & KLE
BY:
SLV/br SCOTT L. VOLKMAN
Enc.
FAUSER\clients\W\Wappinger - Town\Tax CertsOutchess Bleachery\4-20-101tr to TB w Res to discontinue.wpd
*Also Admitted in CT
'Also Admitted in NJ
°Also Admitted in England
There are three (3) pending years with respect to the above referenced tax certiorari proceeding for 1998,
1999, and 2000 for three (3) parcels located at McKinley Street at Industrial Park. Until the matter was recently
scheduled for conference with Judge Brands, I did not even have a file on this matter, as I did not receive a file
on this matter from my predecessor and I believe that subsequent years were settled or not pursued following a
sale. I believe that the expectation was that these prior years were no longer viable. Each of these years was
also prior to the revaluation.
Nevertheless, we did have a conference before Judge Brands recently where this matter was discussed.
Subsequent to that conference, in fiuther discussions with the Petitioner, they have agreed to Discontinue the
above referenced proceedings. Therefore, I submit a Resolution for your consideration regarding the settlement
of the above -referenced matter. There are no proposed reductions for any of the years at issue for the three (3)
parcels which are the subject of each of these proceedings.
If you have any further questions, please do not hesitate to contact me.
Very truly yours,
GELLERT & KLE
BY:
SLV/br SCOTT L. VOLKMAN
Enc.
FAUSER\clients\W\Wappinger - Town\Tax CertsOutchess Bleachery\4-20-101tr to TB w Res to discontinue.wpd
Page 1 of 2
Chris Colsey
From: Scott Volkman [svolkman@gklaw.us]
Sent: Wednesday, April 21, 2010 10:57 AM
To: Chris Colsey
Subject: RE: 4-26 agenda
Hi Chris;
As I indicated I am sending over 3 items today for the 4-26 agenda. They are:
1. Dutchess Bleachery. This involves proceedings for 3 years, prior to the reval on property at McKinley
St in the Industrial Park. All proceedings are being discontinued with no refund liability...
2. Double O Grill. This involves proceedings for 2 years on a vacant .18 acre parcel off the rear of their
parking lot that at one time had a single family home but is vacant now. The property was assessed at
$325K but is now assessed at $100K. It was purchased by petitioners for $50K which is where they want
the assessment. We have agreed to reduce 2007 to $100K and 2008 will not be reduced and shall
remain at $100K. There was no filing for 2009.
3. Village Crest Apts ( AR Fuels, HP Coolidge Maloney Road). At one time there were proceedings
pending since 1999. They were discontinued in 2006 but filings continued in 2007 to 2009. Since 2007,
the assessment has been $20.7M. The assessor has agreed to reduce the assessments to $19.5M for
2007, $17.5M for 2008 and $15.5M for 2009. He has agreed to a prospective reduction to $14.5 for 2010,
which will not impact refunds.
Let me know if you need more. Will I be seeing you at the 3:00 meeting? Christian and I will be there.
The Mayor and the Village attorney will be there and the School District attorney will be there to discuss
Elant and Brookside....
Scott L. Volkman
Gellert & Klein, P.C.
75 Washington Street
Poughkeepsie, New York 12601
Telephone: 845-454-3250
Facsimile: 845-454-4652
Email: svolkman(cDgklaw.us
Website: www.gkiaw.us
Gellert & mein, P.c.
Attomeys at Law
From: Chris Colsey[mailto:ccolsey@townofwappinger.us]
Sent: Monday, April 19, 2010 10:43 AM
To: 'aroberts@vsrp.com'; 'Walter Artus'; 'Robert Gray'; 'David Stolman'; 'Greg Bolner'; Scott Volkman
Cc: Chris Masterson
Subject: 4-26 agenda
Please send me an e-mail summarizing any Discussion items that you need on the 4-26 agenda.
Resolutions are due to the Town Clerk, with copy to me, no later than 1:00pm on Weds.
Christopher Colsey, Supervisor
Town of Wappinger
4/21/2010