2012-166
2012-166
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding DCH
NY Imports, 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 May 29,
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
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
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 2011 by DCH NY Imports, LLC, regarding premises located at 1271
Route 9, Grid # 6157-04-570395, seeking a reduction in the 2011 tax assessment for the
2011/2012 assessment; 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 recommend a settlement of
this tax review proceeding; now, therefore be it
NOW, THEREFORE BR 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 year 2011/2012, as it pertains to Grid No.: 6157-04-570395.
Original Reduction in Final
Tax Year Assessment Assessment Assessment
2011/2012
4,000,000
-0-
4,000,000
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
AYE
AYE
Dated: Wappingers Falls, New York
5/29/2012
The Resolution is hereby duly declared adopted.
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
.... Gell.ert. & Klempoc
IlIIIi1 Attorneys at Law
75 Washington Street. Poughkeepsie, NY 12601
(845) 454-3250
(845) 454-4652fax
Westchester County Office
3010 Westchester AVer'lLJeSuite302
Purchase, NY 10577
(914)249-0100
(914) 249-011lfax
Columbia County OffiCe
2210 Route 7
Copake, NY 12516
(518) 329-1533 tellfax
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.gldaw.us
May 4~ 2012
"Also Admitted in CT
.Also Admitted in NJ
o Also Admitted in England
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: DOH Imports, LLC vs. Town of Wappinger
Our File 1'40.27860.1229
Dear Supervisor Gutzlerand Town Board Members:
Attached isa Resolution for your consideration regarding the respective settlement in the above
captioned tax certiorari proceeding for the sole pending year of 20 11, by DCH Imports, LLC. This is the
property is located at 1271 Route 9. In anticipation of the settlement before the 2012 Board of Assessment
Reviewprocess, the petitioner agreed to withdrawtheitprior proceeding due to the fact that the Assessor
reduced the 2012 assessmentto $3,500~000. Therefore, there will be no reduction in the 2011 assessment and
therefore, no.refund liability.
If you have any further questions~ please do not hesitate to contact me.
Verytruiyyours,
8LV\br
Ene.
ce: Cluistian Harkins, Assessor
Cluistine Fulton, Town Clerk
F:\USER\clients\W\ Wappinger - Towl1\Tax Certs\DCH NY Irnports\ltr to TBwresolutoin withdrawingtaxcert wpd