2012-073
2012-73
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding
Dutchess Gardens Realty, 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 Czamiecki
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Kuzmicz.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceeding commenced in 2010 and 2011 by Dutchess Gardens Realty, LLC., regarding Grid
No. 6158-19-559223, seeking a reduction in the 2010 and 2011 tax assessment for those
respective tax years; and
WHEREAS, the Town Assessor and Special Counsel have 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
fi h 2010 d 2011' . G 'd N 6158 19 559223 fi 11
proceeding or t e years an , as It pertams to n o. - - , as o ows:
Tax Year Original Total Revised Total Reduction
Assessment Assessment
2010/11 $5,500,000 $4,300,000 $1,200,000
2011/12 $5,500,000 $4,300,000 $1,200,000
; 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.
t~~
CHRISTINE 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
PIta Gellert & Klein, P.e.
t.IiIII 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 t 'L
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
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oAlso Admitted in Engla d
FEB 1 i'r-'1
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February 8,2012
TOWN OF WAPPINGER
TOWN CLERK
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Dutchess Gardens Realty LLC vs. Town of Wappinger
Grid No.: 6158-19-559223
Our File No.: 27036.9229
Dear Supervisor Gutzler and Town Board Members:
Please be advised that the above referenced proceeding is a tax certiorari matter for tax years
2010 and 2011. This property is owned by Dutchess Gardens Realty, LLC regarding Grid No. 6158-19-
559223. The property is improved by a 28,808 sq. ft. strip mall, which is anchored by Dunkin Donuts and
is located at the intersection of Route 9 and New Hackensack Road. We have negotiated a settlement of
the above-referenced proceedings by reducing assessments from $5,500,000 to $4,300,000 in 2010; for
both outstanding years. This property was a subject of a fire, which has yet to be restored, on or about
May 30, 2011. That would impact the valuation date of July 1,2011 for the 2012 assessment roll.
Therefore, in anticipation of that we have also agreed to reduce the 2012 assessment to $3,900,000.
Since we have 100% equalization rate the settlement figures reflect fair market value. The
Assessor will provide you with a recommendation of a refund analysis for your consideration.
Additionally, refunds that are paid within 90 days from the date of the filing 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 Ibr
Ene.
KL~}.C.
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F:\USER\clients\W\Wappinger - Town\Tax Certs\Dutchess Gardens Realty\2-7-121tr to Town Board w settlement docs.wpd
PlftI Gellert & Klein, P.e.
~ Attorneys at Law
-2-
cc: Christian Harkins, Assessor
Christine Fulton, Town Clerk
Daniel Petigrow, Esq.
Joseph McGowan, Esq.
F:\USER\c1ients\W\Wappinger _ Town\Tax Certs\Dutchess Gardens Realty\2-7-12Itr to Town Board w settlement docs.wpd