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2011-1532011-153 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Outback Steakhouse #3357 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 May 9, 2011. 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 proceeding commenced in 2006-07, 2007-08, 2008-09, 2009-10 and 2010-11 by Outback Steakhouse #3354, regarding Grid No. 6158-04-623038, seeking a reduction in the 2006-07 through 2010-11 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on 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 2006-07 through 2010-11, as it pertains to Grid No.6158-04-623038, as follows: Tax Year Original Total Revised Total Assessment Assessment Reduction 2004-05 696,138 696,138 -0- 2005-06 663,600 663,600 -0- 2006-07 588,000 588,000 -0- 2007-08 2,252,500 1,900,000 352,500 2008-09 2,252,500 1,800,000 452,500 2009-10 2,252,500 1,600,000 652,500 2010-11 2,252,500 1,600,000 652,500 2011-12 1,600,000 1,600,000 -0- 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 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: AYE Dated: Wappingers Falls, New York 5/9/2011 The Resolution is hereby duly declared adopted. aLniku-, HN C. MASTERSON, TOWN CLERK