2012-074
2012-74
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Eckerd
Corporation/Rite Aid Corporation
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
proceedings commenced in 2002,2003,2004,2005,2006,2007,2008,2009,2010 and 2011 by
Eckerd Corporation/Rite Aid Corporation, regarding Grid Nos. 6158-15-538272 and 6158-04-
542293, seeking a reduction in the 2002 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 ofthe Town of
Wappinger hereby approves a settlement on behalf ofthe Town of Wappinger ofthe tax review
proceeding for the years 2002 through 2011, as it pertains to Grid Nos. 6158-15-538272 and
6158-04-542293, as follows:
Grid No. 6158-15-538272
Tax Year Original Total Revised Total Reduction
Assessment Assessment
2002/2003 $87,500 $87,500 -0-
2003/2004 $87,500 $87,500 -0-
2004/2005 $87,500 $87,500 -0-
2005/2006 $87,500 $87,500 -0-
2006/2007 $87,500 $87,500 -0-
2007/2008 $350,000 $350,000 -0-
2008/2009 $350,000 $350,000 -0-
2009/2010 $350,000 $350,000 -0-
2010/2011 $350,000 $300,000 $50,000
2011/2012 $350,000 $300,000 $50,000
Grid No. 6158-04-542293
Tax Year Original Total Revised Total Reduction
Assessment Assessment
2002/2003 $1,006,800 $1,006,800 -0-
2003/2004 $1,006,800 $1,006,800 -0-
2004/2005 $1,006,800 $1,006,800 -0-
2005/2006 $1,006,800 $1,006,800 -0-
2006/2007 $1,006,800 $1,006,800 -0-
200712008 $3,600,000 $2,250,000 $1,350,000
2008/2009 $3,600,000 $2,250,000 $1,350,000
2009/2010 $3,600,000 $1,950,000 $1,650,000
2010/2011 $3,600,000 $2,000,000 $1,600,000
2011/2012 $3,600,000 $2,000,000 $1,600,000
: 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, COUNCIL WOMAN
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.
,~~.
HRISTINE FUL , 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
301 0 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. Saland
Robert C. Vincent, Jr.
Joseph H. Gellert
(1907-1989)
www.gklaw.us
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February 8,2012
FEB 1 U 2::2
TOWN OF WAPPINGER
TOWN CLERK
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Eckerd Corp.\Rite Aid Corp. vs. Town of Wappinger
Grid Nos.: 6158-15-538272 and 6158-04-542293
Our File No.: 27036.1729
Dear Supervisor Gutzler and Town Board Members:
Please be advised that the above referenced proceeding is a Tax Certiorari matter for tax years
2002 through 20 II. This property is owned by Eckerd Corporation/Rite Aid Corporation, regarding Grid
Nos. 6158-15-538272 and 6158-04-542293. The first parcel is located in the Town that includes the
building and improvements. The second small parcel is located in the Village and includes just a portion
of the parking lot. The property is located at the intersection of Route 9 and New Hackensack Road.
We have agreed to a settlement which would include the discontinuance without any reductions
for the years 2002, 2003, 2004, 2005 and 2006, with all of those years being pre-revaluation years.
Commencing in 2007 and to date the total assessment of both parcels has been $3,950,000.
We have agreed to reductions commencing in 2007 from $3,950,000 to $2,600,000 for 2007 and
2008. The total assessments will be reduced to $2,300,000 for 2009,2010 and 2011. We have also agreed
to a reduction for 2012 for $2,000,000 and 2013 and 2014 at $1,850,000. This settlement is being
recommended by the Assessor and by our appraiser consultant, Don McGrath.
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 of service of the final Order, are interest free.
F:\USER\clients\W\Wappinger - Town\Tax Certs\Eckerd Corp\2-8-12 Itr to TB w Resolution.wpd
PII7J Gellert & Klein. P.c.
~ Attorneys at Law
-2-
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.
:0
~
cc:
Christian Harkins, Assessor
Christine Fulton, Town Clerk
Daniel Petigrow, Esq.
Joseph McGowan, Esq.
F:\USER\clients\ W\ Wappinger - Town\ Tax Certs\Eckerd Corp\2-8-12 Itr to TB w Resolution. wpd