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2010-2522010-252 Resolution to Authorize Attorney to Retain Expert Witness and Payment of Disbursements in MJW Litigation 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 August 16, 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 Vincent F. Bettina (arrived at 6:26PM) Ismay Czamiecki Joseph P. Paoloni ABSENT: The following Resolution was introduced by Councilman Beale and seconded by Councilwoman Czarniecki. WHEREAS, the Town Board previously authorized the law firm of Vergilis, Stenger, Roberts, Davis & Diamond, LLP, to interpose an answer and counter -claims in connection with the action brought by MJW Consulting, Inc.; and WHEREAS, the Town of Wappinger was part of a consortium of Southern Dutchess municipalities who had employed MJW Consulting, Inc., to conduct a real property re-evaluation in conjunction with the other municipalities so as to establish a uniform rate of real property assessment for all of the constituent municipalities; and WHEREAS, several of the municipalities litigating against MJW Consulting, Inc., have agreed to share in the costs of defense including the cost of retaining professional expert witnesses and other common disbursements and expenses. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The law firm of Vergilis, Stenger, Roberts, Davis & Diamond, LLP, is hereby authorized to retain the firm of Industrial & Utility Valuation Consultants, Inc., as an expert witness to aid in the defense of the litigation and to aid in the prosecution of the Town's counterclaims. 3. The law firm is also authorized to purchase hard drives with the other municipal defendants at an approximate cost of $43.50 per each municipality. 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 8/16/2010 The Resolution is hereby duly declared adopted. 1—C ok� COHN C. MASTERSON, TOWN CLERK Memorandum To: Lisa M. Cobb, Esq., Attorney for Towns or Wappinger and Union Vale Rebecca A. Valk, Esq., Attorney for Towns of LaGrange and Fishkill Amanda E. Kandel, Esq. Attorney for City of Beacon John J. Klarl, Esq. Attorney for Town of East Fishkill Bernie Fountain, Assessor for Towns of Union Vale and LaGrange Chris Harkins, Assessor for Towns of Wappinger and Fishkill Kathy Martin, Assessor for City of Beacon/Town of East Fishkill From: Laurence P. Farbstein, President, IUVC, Inc. Date: June 30, 2010 Re: MJW Consulting, Inc., v. Towns of Fishkill, LaGrange, Wappinger, East Fishkill, Union Vale and City of Beacon This letter memorandum is the follow up to our recent conversation with respect to the above referenced matters. You have asked that I spell out my services to be performed and the associated costs thereto. • I will review and analyze the contractual basis upon which MJW Consulting, Inc., (MJM undertook to perform it revaluation work for the assessing jurisdictions set forth above. • I will review and analyze all documents provided by either MJW and/or the Assessing jurisdictions as to what was provided by MJW pursuant to its various contractual agreements with each such jurisdiction. • I will compare and contrast such documentation, including, but not limited to, the valuation modeling, against the standards set forth by both the International Association of Assessing Officers (LAAO) and the New York State Office of Real Property Tax Services (ORPTS), but with respect to timeliness and sufficiency. • I will prepare the requisite memorandums setting forth my findings in such regards. • I will, at your express direction, be available to meeting with any or all of the assessing jurisdiction's representatives, attend any adjudication proceedings, and/or prepare for any expert testimony in such regard. My fee for such services would be billed at my preferred rate of two hundred and fifty dollars ($250) per hour. If you have any questions and/or need additional clarification, please contact me. I am enclosing, for your information and review, a copy of my professional resume. As per our discussion, the initial retainer of Three Thousand Dollars ($3,000.00) is acceptable. Please let me know the how you wish to be billed in the future. I further understand that Lisa M. Cobb; Esq., will be the assigned representative of the group and will circulate all such materials that I prepare for dissemination. If you have any questions and/or need additional clarification, please contact me. I am pleased to be of service to all of you in this important matter. Respectfully Submitted, MUM AL & UTILITY VALUATION CONSULTANTS, INC. i; Dlgitallysigned byl.aurenceFarbstein rDN:crn-iaurenceFarbsteln,o=IUV4Inc- ou, Laurence Farbstei --'�eroil-hrbsteinoaol.com, c -US Date: 2010.06301335:02 -MY LPF: ajf Encl: Resume 9 Page 2 INDUSTRIAL & UTILITY VALUATION CONSULTANTS, INC. 111 WASHINGTON AVENUE, ALBANY, NY 12210 PHONE 518-4262929 • FAX 518-4267933 E-MAIL FARBSTEIN@AOL.COM LAURENCE P. FARBSTEIN PRESIDENT PRIOR EMPLOYMENT HISTORY Executive Director, NYS Temp. Comm. on the Real Property Tax City Manager, City of Long Beach, NY Deputy Director, NYS Assembly Ways & Means Committee APPRAISAL/VALUATION/PROPERTY TAX CONSULTATION EXPERIENCE Since 1980, providing expert work products and courtroom testimony for both municipalities and private clients. Specialized concentrations in municipal revaluations, equalization rate and segment rate analyses; valuations of primarily complex industrial, utility and commercial properties. New York State Certified General Real Estate Appraiser -License #46000001314. COLLEGE EDUCATION State University of New York, College at Cortland BA State University of New York at Binghamton MA APPRAISAL/ VALUATION EDUCATIONAL COURSES Real Estate Appraisal Principals Basic Valuation Procedures Capitalization Theory & Techniques Case Studies in Real Estate Valuation Valuation Analysis & Report Writing Real Estate Investment Analysis Standards of Professional Practice Railroad & Utility Valuation Resolving Valuation Conflicts in Railroad and Utility Taxation COURTROOM QUALIFICATIONS/ TESTIMONY US Bankruptcy Court: Bankruptcy - Foreclosure NYS Supreme Court: Certiorari - Tax Appeals - Condemnation Vermont Superior Court: Eminent Domain - Condemnation REPRESENTATIVE CLIENT LISTINGS PUBLIC City of Albany City of Schenectady Town of Colonie Town of Newburgh Town of East Greenbush Town of Haverstraw Town of New Scotland Town of Coeymans Town of Hadley Town of Canton Town of Lewis Town of Waterford Towns of Olive/Hurley Catskill Watershed Commission North Rockland School District City of Saratoga Springs City of Rye City of Mt. Vernon Schodack Central School District PRIVATE General Electric Corp. Sprint PCS Kimberly-Clark Corp. (Paper Mill) United Realty Mgmt Corp. Irving Tissue Corp. (Paper Mill) Four Winds Hospital Inn at Saratoga St. Mary's Hospital Stewarts, Inc. Vermont National Bank (Other Real Estate Owned Property) Desmond Americana Hotel Goldstein Enterprises (Car Dealerships) Mercer Companies Key Bank Ft. Ann Partners (Hydroelectric Plants) Schuyler Properties (Strip Malls) 2 REPRESENTATIVE VALUATION ASSIGNMENTS Municipal Revaluations Stratified Random Sample Calculations Equalization Rate/Segment Rate Analyses/ Challenges Statistical Analyses/Article 19 RPTL Cheese Processing Plants Avigation Easements Paper Mill Plants Federal 801 Apartment Complexes Wollastonite/Gravel Mines Taxation of Telecom. Equipment Utility Generating, Transmission, Distribution Facilities Hydroelectric, Co -Gen Facilities Office/Medical Office Buildings, Hotels/Motels Shopping Centers Warehouses/ Manufacturing Facilities GE Silicones Industrial Complex Petroleum Tank Facilities Reservoir Complexes Cement Plant Complex Strip Malls 3