2012-210
2012-210
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding
Lafayette Lemle, LLC and 1032 Route 9 Wappinger Falls Holding, 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 July 9,
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 Beale and seconded by
Councilman Kuzmicz.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceeding commenced in 2010 by Lafayette Lemle, LLC, regarding Grid No. 6158-14-488445,
and a second proceeding commenced in 2011 by 1032 Route 9Wappinger Falls Holdings, LLC,
regarding Grid No.; 6158-14-488445 seeking a reduction in the 2011/2012 assessment for
those respective tax rolls; 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. fI th 2010 d 2011 . rtai t Grid N 6158 14 488445 fill
procee mg or e years an , as It pe ns 0 o. - - as o ows:
Tax Year Original Total Revised Total Reduction
Assessment Assessment
2010 3,600,000 3,000,000 600,000
2011 3,600,000 2,900,000 700,000
: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
AYE
AYE
Dated: Wappingers Falls, New York
7/9/2012
The Resolution is hereby duly declared adopted.
~LVfr!V
STINE F , TOWN CLERK
Leonard Klein
Arthur L Gellert
John A. Geoghegan
Lillian 5. 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&.Kleinp.c.
Attorneys at Law
75Wasnington Street.Poughkeepsie, NY 12601
(845} 454-3250
(845) 4544652fax
Westchester CountyOfflce
3P10W~~ter AvenlJeSulte302
Purchase, NY 10577
(914) 249-011.11.1
(914) 249-0111 fax
Columbia County Office
2210 Route 7
Copake. NY 12516
(518) 329-1533 teVfax
Counsel
Stephen E. Ehlers
S. Nina Gellert
Raina E. Maisselo
Justice George D. Marlow
Appellate Division (RetJ
Senator Stephen M. Saland
Robert CVincent,. Jr.
Joseph H.Gellert
(1907-1989)
www.gklaw.us
July 3, 2012
.Also Adniittedin CT
"AlsCl Admitted inNJ
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Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Lafayette Lemle LLC.and 1032 Route 9
Wapping~ Falb Holdings,LLC vs. TOWIl. of Wappinger
Our FileNo. 27036.9'729 and 27860.1929
Dear Supervisor Gutzlerand Town Board Members:
Attached isa Resolution foryoU1' consideration regarding the respective settlement of the
above-referenced tax certiorari proceedings for the pendingyearsof201 0 and 2011. 201 0 was
initiated by Lafayette Lem1e, LLC, .by a Receiver pending a foreclosure proceeding. and then
subsequently by 1032 Route 9 Wappinger Falls Holdings,LLC,thatacqUired the property during
the pendency of that proceeding. The property was assessed at $3.600,000. The Petitioner
submitted an tlJ>praisal establ.i$binga value in 2011 of $2,000,000, with a perspective market
value by 201:3 of $2,900,000. The t\.ssessornegotiatedasettlement.Whieh will.tesultin
reduetionsto.afull valu.eof$3,000,OOO.for 2010; and S2,900,000for201L The assessmeI1t was
reduced to $2,800,0000 for 2012. The refund~ win be paid without interest if paid within sixty
(60) days of the service of the final Order. The Assessor and I both recommend that your
favorableconcurreneewith this settlement.
Very truly yours,
SL V Ibr
Ene.
ce: Christine Fulton,. Town Clerk
Christian Harkins, Assessor
Joseph McGowan, Esq.
.c.
/
r?a~CG~~\vf~fD)
JUL 0 9 20t2
TOWN OF WAPPINGER
TOWN CLERK