2012-069
2012-69
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Myers
Property 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 February
13,2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Michael Kuzmicz
ABSENT:
Ismay Czarniecki
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceeding commenced in 2009,2010 and 2011 by Myers Property, LLC., regarding Grid No.
6258-02-730572, seeking a reduction in the 2009 through 2011 tax assessment for those
respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommended 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 2009 through 2011, as it pertains to Grid No. 6258-02-730572, as
follows:
Tax Year Original Total Revised Total Reduction
Assessment Assessment
2009/2010 $980,000 $700,000 $280,000
2010/2011 $980,000 $675,000 $305,000
2011/2012 $980,000 $650,000 $330,000
: and
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:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCILWOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
ABSENT
AYE
Dated: Wappingers Falls, New York
2/13/2012
The Resolution is hereby duly declared adopted.
'~/udR-
HRISTINE FULTON, TOWN CLERK
Leonard Klein
Arthur L. Gellert
John A. Geoghegan
Lillian S. Weigert
Scott L. Volkman
David R. Wise*
Roderick J. Macleod
Bevin S. Harrington
Kelly L. Traver*
Robert E. Noe
Pamela B. Richardson '"
Elizabeth M. Corrado
.. Gellert & Klein, P.e.
~ Attorneys at Law
75 Washington Street. Poughkeepsie, NY 12601
(845) 454-3250
(845) 454-4652 fax
Westchester County Office
3010 Westchester Avenue Suite 302
Purchase, NY 10577
(914) 249-0100
(914) 249-0111 fax
Columbia County Office
2210 Route 7
Copake, NY 12516
(518) 329-1533 tel/fax
Counsel
Stephen E. Ehlers
S. Nina Gellert
Raina E. Maisselo
Justice George D. Marlow
Appellate Division (Ret.)
Senator Stephen M. Sa land
Robert C. Vincent, Jr.
Joseph H. Gellert
(1907-1989)
www.gklaw.us
"Also Admitted in CT
"'Also Admitted in NJ
oAlso Admitted in England
February 8,2012
[Rj ~(G~~'W~[Q)
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re:
FEB 1 02012
TOWN OF WAPPINGER
. TOWN CLERK
Myers Property, LLC vs. Town ofWappmger
Grid No.: 6258-02-730572
Our File No.: 27036.7829
Dear Supervisor Gutzler and Town Board Members:
Please be advised that the above referenced proceeding is a Tax Certiorari matter for tax years
2009 through 2011. This property is owned by Myers Property LLC, regarding Grid No. 6258-02-
730572. It is a gas station and mini mart located at 223 Myers Comers Road and DeGarmo Hills Road.
There are two other related proceedings, one is Route 376 Property LLC and Route 55 Properties LLC
involving parcels owned by the same principal and we have looked to achieve a global resolution. We
have negotiated a settlement of the above-referenced proceeding by reducing assessments from $980,000
to $700,000 in 2009; from $980,000 to $675,000 in 2010 and from $980,000 to $650,000 in 2011.
Since we have 100% equalization rate the settlement figures reflect fair market value. The
Assessor will provide you with recommendations and a refund analysis for your consideration.
Additionally, refunds that are paid within 90 days of service of the final Order, are interest free.
I enclose herewith a resolution for your consideration at the next available Town Board
meeting. Your favorable consideration at that time would be greatly appreciated.
SL V /br
Ene.
cc: Christian Harkins, Assessor
Christine Fulton, Town Clerk
Daniel Petigrow, Esq.
F:\USER\clients\W\Wappinger - Town\Tax Certs\Myers Property LLC\12-29-11Itr to TB re settlement.wpd