2012-300
2012-300
Resolution Authorizing the Settlement of Tax Certiorari Proceeding Regarding Segal
Rental Associates
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
November 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
Ismay Czamiecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilwoman Czamiecki and seconded by
Councilman Kuzmicz.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2011 and 2012 by Segal Rental Associates, LLC, regarding premises
located at 56 Lake Oniad, Grid # 6257-01-460997, 20 Ervin Drive, Grid # 6258-03-131010, 3
Plaza Road, Grid #: 6258-03-305007 and 72 Kent Road, Grid # 6258-04-517040 seeking a
reduction in the 2011 and 2012 tax assessments for the respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this
tax review proceedings;
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
proceeding for the years 2011 and 2012, as it pertains to Grid #'s 6257-01-460997, 6258-03-
131010,6258-03-305007 and 6258-04-517040, as follows:
6257 -01-460997
Original Revised
Tax Year Assessment Assessment Reduction
2011 311,600 300,000 11,600
2012 311,600 285,000 26,600
6285-03-305007
Original Revised
Tax Year Assessment Assessment Reduction
2011 271,500 271,500 -0-
2012
6258-04-517040
271,500
245,000
26,500
2011
306,700
306,700
-0-
2012
306,700
300,000
6,700
6258-03-131010
2011
340,800
320,000
20,800
2012
340,800
300,000
40,800
: 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
11/13/2012
The Resolution is hereby duly declared adopted.
c~~~^
CHRISTINE FUL , TOWN CLERK
Leonard K'ein
Arthur L Gellert
John A Geoghegan
Scott L Volkman
David R Wise*
Rodenck J MacLeod
Kelly L Traver"
Keith G, Ingber
Robert E. Noe
John J Evans
Pamela B. Richardson.
Elizabeth M Corrado
.. Gellert & Klein,p,c.
~ Attorneys at Law
75 Washington Street. Poughkeepsie, NY 12601
(845) 454-3250
(845) 454-4652 fax
Counsel
Stephen E. Ehlers
S, Nina Gellert
Justice George D, Marlow
Appellate Division (Ret)
Senator Stephen M. Saland
Robert C. Vincent, Jr.
Lillian 5 Weigert
Westchester County Office
3010 Westchester Avenue Suite 302
Purchase, NY 10577
(914) 249-0100
(914) 249-0111 fax
wwwgklaw.us
October 16,2012
OCT 3 1 2012
TOWN OF WAPPINGER
TOWN CLER~
---~..-._---
Town Board
Town ofWappillger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Segal Rental Associates, LLC vs. Town of Wappinger
Our File No.: 27860.1629
Dear Supervisor Gutzler and Town Board Members:
Please be advised that the above referenced proceeding is a tax certiorari matter for the
assessment years of2011 and 2012. There four parcels ofland located at 56 Lake Oniad, Grid # 6257-
01-460997,20 Ervin Drive, Grid # 6258-03-131010, 3 Plaza Road, Grid #: 6258-03-305007 and 72
Kent Road, Grid # 6258-04-517040. Each parcel is improved by a single family dwelling. The
Assessor and I have negotiated a settlement of the above referenced proceeding by reducing the
assessment from $340,800 to $320,000 for 2011 and reducing the assessment from $340,800 to
$300,000 for 2012 for the parcel located at 20 Ervin Drive, Grid # 6258-03-13 I 010; no reduction for
2011 and reducing the assessment from $271,000 to $245,000 for 2012 for the parcel located at 3 Plaza
Road, Grid # 6258-03-305007; no reduction for 2011 and reducing the assessment from $306,700 to
$300,000 for 2012 for the parcel located at 72 Kent Road, Grid # 6258-04-517040; and reducing the
assessment from $311,600 to $300,000 for 20 I I and reducing the assessment from $31 1,600 to
$285,000 for 2012 for the parcel located at 56 Lake Oniad, Grid # 6257-01-460997. Since we have a
100% equalization rate that reflects fair market value. The Assessor will provide you with a
recommendation and a refund analysis for your consideration. Additionally, refunds will be payable
without interest if paid within 60 days.
I enclose herewith a Resolution for your consideration at the next Town Board meeting. Your
favorable consideration at that time, would be greatly appreciated.
Very t~rUIY:;Jrs, /
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,/' SCOTT L. VOLKMAN
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Enc.
cc:
Christian Harkins, Assessor
Christine Fulton, Town Clerk
F:\USER\clientsWl\Wappinger. Town\Tax Certs\Segal Rental Assoc\IO.16.12 trto TB w resolutionwpd