2010-2112010-211
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Elant
at Fishkill, Inc. D/B/A Elant at Wappingers Falls
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 June 14,
2010.
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
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Paoloni.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2007, 2008 and 2009 by Elant at Fishkill, Inc., d/b/a Elant at
Wappingers Falls, Inc., regarding Grid No. 6158-18-359123, seeking a reduction in the
2007/2008, 2008/2009 and 2009/2010 tax assessment and a total exemption for those respective
tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommend a settlement of
those tax review proceedings
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
proceedings for the years 2007, 2008 and 2009, as it pertains to Grid No. 6158-18-359123, as
CnllnAx1e
Tax Year
Original Total
Assessment
Revised Total Exemption
Assessment
2007/2008
1,922,550
1,922,550 25%
2008/2009
1,922,550
1,922,550 50%
2009/2010
1,922,550
1,922,550 50%
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
actions 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:
AYE
Dated: Wappingers Falls, New York
6/14/2010
The Resolution is hereby duly declared adopted.
J C. ASTERSON, TOWN CLERK
Gellert & Klein, P.C.
Attorneys at Law
Counsel
Leonard Klein
Gellert
Arthur L. G
75 Washington Street •Poughkeepsie, NY 12601
S. Nina Gellert
E. Maissel°
Stephen E. Ehlers
Geoghegan
John A. Ge
(845) 454-3250
Raina
Justice George D. Marlow
Weigert
Lillian S. W
(845) 454-4652 fax
Appellate Division (Ret.)
Senator Stephen M. Saland
Volkman
Scott L. Vol
David R. Wise*Robert
C. Vincent, Jr.
Roderick J. MacLeod
Harrington
Bevin S. Ha
Westchester County Office Columbia County Office
Kelly L. TraverJoseph
'
3010 Westchester Avenue Suite 302 2210 Route 7
H. Gellert
Richardson
Pamela B. R
(1907-1989)
Elizabeth
"Also Admitted in CT
•Also Admitted in NJ
Also Admitted in England
• Purchase, NY 10577 Copake, NY 12516
M. Corrado (914) 249-0100 (518) 329-1533 tel/fax
(914) 249-0111 fax
www.gklaw.us
June 8, 2010
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls,
Re: Elant at Fishkill vs. Town of Wappinger
File No.: 27036.5229
Dear Supervisor Colsey and Town Board Members:
The premises involving the above -referenced parcel located at 37 Meiser Avenue in the
Village of Wappingers Falls. The property was acquired by Elant of Fishkill, Inc., d/b/a Elant of
Wappingers Falls in February 2007, as a nursing home and has been the subject of an application
for a reduction in assessment and the recognition of a total exemption for 2007, 2008 and 2009.
The property has had an assessment of $1,922,550. That assessment remains. However,
the settlement recognizes an exemption and steps up to a total exemption for the 2010 roll. This
settlement recognizes a 25% exemption in 2007, and a 50% exemption in 2008 and 2009
respectively.
The Assessor will provide a refund analysis for your consideration. Please note that the
refund, which will be administered by County, payable without interest for a period of 60 days
from the date that the final Order is signed.
It is my recommendation along with the Assessor that the Board favorably consider this
settlement. If you have any questions, please do not hesitate to contact myself or the Assessor.
SLV/br
cc: Christian Harkins, Assessor
Christopher Masterson, Town Clerk
JUN 0 q 13;1
TOWN OF WAPPINGER
TOWN CLERK