2012-072
2012-72
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Home
Depot USA #1207 HD Development of MD, Inc
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 tax certiorari
proceedings commenced in 2008,2009,2010 and 2011 by Home Depot USA, Inc. #1207/HD
Development of MD, Inc., regarding Grid No. 6158-19-623204-0000, seeking a reduction in the
2008 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 2008 through 2011, as it pertains to Grid No. 6158-19-623204-0000, as
follows:
Tax Year Original Total Revised Total Reduction
Assessment Assessment
2008 $14,000,000 $13,451,900 $548,100
2009 $14,000,000 Withdraw -0-
2010 $14,000,000 $12,417,100 $1,582,900
2011 $14,000,000 $11,382,400 $2,216,600
;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, COUNCIL WOMAN
MICHAEL KUZMICZ, COUNCILMAN
Dated: Wappingers Falls, New York
2/13/2012
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
ABSENT
AYE
The Resolution is hereby duly declared adopted.
'~JL-/{R-
. RISTINE 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) 249-01 1 1 fax
Columbia County Office
2210 Route 7
(opake, 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
February 8,2012
*Also Admitted in CT
.Also Admitted in NJ
__~Iso.~d~i~~d in England
'--""-""-'-
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
fR1~CG~aw~[Q)
Re:
Home Depot. vs. Town of Wappinger I
Grid No.: 6158-19-623204-0000
Our File No.: 27036.5029
FEB 1 0 2812
TOWN OF WAPPINGER
TOWN CLERK
-~""."---""-'-''''- -,.. ~_. _...-.
Dear Supervisor Gutzler and Town Board Members:
Please be advised that the above referenced proceeding is a tax certiorari matter for tax years 2008
through 2011. This property is owned by Home Depot USA, Inc. #1207/HD Development ofMD, Inc.,
regarding Grid No. 6158-19-623204-0000. The property is assessed for all years at issue for $14,000,000.
The size of the property was in debate. Parcel Access had the property at 110,742 sq. ft. Home Depot
maintained it was 102,300 sq. ft. After further review by the Assessor, we agreed that the property is
actually103,476 sq. ft. We have negotiated a settlement ofthe above-referenced proceedings by reducing
assessments from $14,000,000 to $13,451,900 in 2008; 2009 will be withdrawn so the assessment will
remain at $14,000,000; the 2010 assessment will be reduced to $12,417,100 and the 2011 assessment will
be reduced to $11,382,400.
Since we have a 100% equalization rate the settlement figures reflect fair market value. The
Assessor will provide you with a recommendation and a refund analysis for your consideration.
Additionally, refunds that are paid within 90 days from 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.
Very truly yours,
SL V /br
Ene.
cc:
-'
Christian Harkins, Assessor
Christine Fulton, Town Clerk
F:\USER\c1ients\W\Wappinger - Town\Tax Certs\Home Depot\II-28-11Itr to Town Board w settlement docs.wpd
PIIII Gellert & Klein, P.e.
~ Attorneys at Law
-2-
Daniel Petigrow, Esq.
Joseph McGowan, Esq.
F:\USER\clients\W\Wappinger - Town\Tax Certs\Home Depot\11-28-111tr to Town Board w settlement docs.wpd