2010-3502010-350
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding
Imperial Gardens, LLC
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
November 18, 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 Beale and seconded by
Councilwoman Czarniecki.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2003, 2004, 2005, 2006, 2008, 2009 and 2010 by Imperial Gardens,
LLC, regarding premises located at Imperial Boulevard, Grid #s 6158-20-751120, 6158-19-
722118, and 6158-19-689109 seeking a reduction in the 2003 through 2010 tax assessments for
the tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommend a settlement on
these 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
proceeding for the years 2003 through 2010, as it pertains to Grid Nos.: 6158-20-751120, 6158-
19-722118, and 6158-19-689109:
Tax
Original Total
Assessment
Revised Total
Assessment
Reduction
2003/2004
3,375,000
3.375,000
-0-
2004/2005
3,375,000
3,375,000
-0-
2005/2006
3,375,000
3,375,000
-0-
2006/2007
3,375,000
3,375,000
-0-
2008/2009
16,600,000
14,000,000
2,600,000
2009/2010
1 16,600,000
1 14,000,000
2,600,000
2010/2011
1 16,600,000
1 10,000,000 16,600,000
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
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
11/18/2010
The Resolution is hereby duly declared adopted.
&Ct��
OHN C. MASTERSON, TOWN CLERK
Gellert & Klein, P.C.
Leonard Klein Attorneys at Law Counsel
75 Washington Street • Poughkeepsie, NY 12601
(845) 454-3250
(845) 454-4652 fax
Westchester County Office Columbia County Office
3010 Westchester Avenue Suite 302 2210 Route 7
Purchase, NY 10577 Copake, NY 12516
(914) 249-0100 (518) 329-1533 tel/fax
(914) 249-0111 fax
www.gklaw.us
November 9, 2010
Arthur L. Gellert
S. Nina Gellert
Stephen E. Ehlers
John A. Geoghegan
Raina E. Maissel °
Justice George D. Marlow
Lillian S. Weigert
Appellate Division (Ret.)
Scott L. Volkman
Senator Stephen M. Saland
David R. Wise'
Robert C. Vincent, Jr.
Roderick J. MacLeod
Bevin S. Harrington
Kelly L. Traver
Joseph H. Gellert
Robert E. Noe
(1907-1989)
Pamela B. Richardson •
Elizabeth M. Corrado
*Also Admitted in CT
•Also Admitted in NJ
*Also Admitted in England
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Imperial Gardens, LLC vs. Town of Wappinger
Our File No.: 27036.4829
Dear Supervisor Colsey and Town Board Members:
Please be advised that the above referenced proceeding is a tax certiorari matter for the
assessment years of 2003, 2004, 2005, 2006, 2008, 2009 and 2010. There are three (3) parcels of
land located at Imperial Boulevard that comprise Imperial Gardens Apartments. The Assessor
has negotiated a settlement of the above referenced proceeding by reducing the assessment from
$16,600,000 to $14,000,000 for 2008 and 2009 and reducing the assessment from $16,600,000 to
$10,000,000 for 2010. Since we have a 100% equalization rate that reflects fair market value.
The Assessor will provide you with a recommendation and a refund analysis for your
consideration. Additionally, refunds will be payable without interest if paid within 60 days.
Importantly, there are no reductions for 2003, 2004, 2005 and 2006.
I enclose herewith a Resolution for your consideration at the November 18, 2010. Town
Board meeting. Your favorable consideration at that time, would be greatly appreciated.
Very truly ,
GELL & KLE C.
BY: 1
S OTT L. V LKMAN
SLV/br
Enc.
cc: Christian Harkins, Assessor
Chris Masterson, Town Clerk
FAUSER\clients\W\Wappinger - Town\Tax Certs\FORMS\I 1-2010 tr to TBW resolution FORM 2010.wpd