2012-172
2012-172
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding
Cranberry Hills Associates, 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 Czarniecki and seconded by
Councilman Kuzmicz.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceeding commenced in 2009 by Cranberry Hills Associates, LLC regarding premises located
at Cranberry Hills Parcel Myers Comers Road, Grid # 6158-04-951382 seeking a reduction for
the 2009 tax assessment for the 2009 tax roll; 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
d' D h 2009' . Grid N 6158 04 951382
procee mg or t e year , as It pertams to 0.: - -
Tax Original Total Revised Total Reduction
Assessment Assessment
2009/2010 4,892,700 2,400,000 2,492,700
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
ABSTAIN
AYE
AYE
AYE
Dated: Wappingers Falls, New York
5/29/2012
The Resolution is hereby duly declared adopted.
c~7-~
CHRISTINE FULTON, TOWN CLERK
Leonard Klein
ArthurL Gellert
John A Geoghegan
Lillian S.Weigert
Scott L Volkman
DavidR Wise.
Roderick). MacLeod
Bevin S. Harrington
KeUyLTraver"
Robert E. Nee
Pamela B. RiChardson.
Elizabeth M. Corrado
... Gellert & Klein,p;c.
.. .Attorneys at Law
75Washington Street. Poughkeepsie. NY 12601
(845) 454~3250
(845)4544652 fax
Westchester County Qfflce
3010 Westchester Avenue Suite 302
Purchil,se..NY1()577
(914) 249-0100
(914) 249-0111 fax
COlumblaCounty Office
2210 Route 7
Copake. NY 12$1:6
(S16}.329-1S33tel/fax
Counsel
Stephen E Ehlers
S. Nina Gellert
RainaE Maissel~
Justice George D. Marlow
Appellate Division (Ret)
Senator Stephen M. Saland
RobertC Vincent, Jr.
Joseph H. Gellert
(1907-1989)
www.gldaw.us
May 21,2012
.Also Admitted in CT
.Also Admitted in.NJ
~ Also Admitted in England
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY .12590
Re:
Cranberry Hills Associates, LLC'Vs. Town of Wappinger
Our FileNo.: 27036.1529
Dear Supervisor Gutzlerand Town Board Members:
Please be advised that the above referenced proceeding is a ~ certiorari matter for the
assessment year of 2009. There is one.{l) vacant parcel of land located at Cranberry Hills,
located on Myers Corners Road, GridNo.:6158-04-951382. We have negotiated a settlement of
the above referenced proceeding by reducing tbeassessment frOlD. $4,892,100 for 2009 and
reducing the assessment from $4,892,1000 to $2,400.,000.
Since we have a 100% equalization rate thatreflects fair market value. The Assessor
will provide you with a recommendation and a refund analysis for your C01lSideration.
Additionally, refunds will be payable without interest if paid within 60OOY5.
SL Vlbr
Ene.
cc: Christian Harkins, Assessor
Christine Fulton, . TownClel'k
F:\USER\clients\W\Wappinger- Town\Tax Certs\Cranberry HilIs\'s..;20 12 to TBwresolution FORM.wpd