2012-070
2012-70
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Route
55 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 Bettina and seconded by
Councilman Beale.
WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari
proceeding commenced in 2009,2010 and 2011 by Route 55 Property, LLC, regarding premises
located at Route 376 , Grid # 6259-02-554893 seeking a reduction in the 2009,2010 and 2011
tax assessment for the 2009/2010, 2010/2011 and 2011/2012 assessments; and
WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the
petition requesting a reduction in said tax roll reduction; and
WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of
this tax review proceeding;
NOW THEREFORE BE IT RESOL YED, that the Town Board ofthe Town of
Wappinger hereby approves a settlement on behalf of the Town of Wappinger ofthe tax review
proceeding for the years 2009/2010, 2010/2011 and 2011/2012, as it pertains to Grid No.: 6259-
02-554893.
Original Reduction in Final
Tax Year Assessment Assessment Assessment
2009/2010 $63,400 -0- $63,400
2010/2011 $63,400 -0- $63,400
2011/2012 $63,400 -0- $63,400
;and
BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert
& Klein, P.C. Special Counsel to the Town of Wappinger hereby authorize 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.
C~pdL~
CHRISTINE FUL N, 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
fila 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) 249-01 1 1 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. Saland
Robert C. Vincent, Jr.
Joseph H. Gellert
(1907-1989)
www.gklaw.us
I
I FEB 1 0 2012 !
TOWN OF WAPPINGEf:<
TOWN CLERK
*Also Admitted in CT
"',\[Jo ,~,eJFl.iliteQ ir;t ~ll
f?d~~~~and
February 8,2012
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Route 55 Property, LLC vs. Town of Wappinger
Grid No.: 6259-02-554893
Our File No.: 27036.7429
Dear Supervisor Gutzler and Town Board Members:
Please be advised that the above referenced proceeding is a Tax Certiorari matter for tax years
2009/2010, 2010/2011 and 2011/2012. This property is owned by Route 55 Property, LLC regarding
Grid No. 6259-02-554893. We have negotiated a settlement of the above-referenced proceedings. The
Petitioner will be withdrawing the 2009/2010, 2010/2011 and 2011/2012 Petitions.
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.
Very truly yours,
SL V /br
Ene.
cc:
......
Christian Harkins, Assessor
Christine Fulton, Town Clerk
Daniel Petigrow, Esq.
F:\USER\clients\W\Wappinger - Town\Tax Certs\Rt 55 Propoerty LLC\12-28-11Itr to Town Board w settlement docs.wpd