2013-2062013-206
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding
Imperial Improvements, 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
September 23, 2013.
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 Councilwoman Czarniecki and seconded by
Councilman Kuzmicz.
WHEREAS, there is now pending in the Dutchess County Supreme Court a tax
certiorari proceeding commenced in 2012 by Imperial Improvements, LLC regarding real
property located at New Hackensack Road, Grid No. 6158-15-589264-0000, 18 New
Hackensack Road, Grid No. 6158-15-589264-0001 and 1527 Route 9, Grid No. 6158-19-
575182-0000 seeking a reduction in the 2012 tax assessments for the 2012/2013 tax rolls; and
WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the
petition requesting a reduction for said tax roll; and
WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of
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 proceedings for the year 2012
as it pertains to:
Grid No.: 6158-15-589264-0000
Tax Original Total
Assessment Reduction in
Assessment Final
Assessment
2012/2013 $8,322,200.00 -0- $8,322,200.00
Grid No. 6158-15-589264-0001
TaxOriginal Total
AssessmentReducti
on m
AssessmentFinal
Assessment
2012/2013 $375,100.00 -0- $375,100.00
Grid No. 6158-19-575182-0000
TaxOriginal Total
AssessmentReducti
on in
AssessmentFinal
Assessment
2012/2013 $4,102,700.00 -0- $4,102,700.00
and be it further
RESOLVED, that the Town Supervisor, Town Assessor and Scott
Special Counsel to the Town of Wappinger, are hereby authorized to take
and appropriate to effectuate the terms of this Resolution.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
9/23/2013
L. Volkman, Esq.,
all action necessary
The Resolution 's hereby duly Glared adopted.
M C EL J. L NA ,TOWN CLERK
.~~ STENGER ROBERTS
DAVIS & DIAMOND ~~P
1136 Route 9
Wappingers Falls, New York 12590
(845) 298-2000
FAX (845) 298-2842
www.srddlaw.com
e-mail: info(a~srddlaw.com September 16, 2013
Town Board
Town of Wappinger
Kenneth M. Stenger 20 Middlebush Road
Albert P. Roberts Wappingers Falls, NY 12590
Attn: Hon. Barbara Gutzler, Supervisor
Thomas R. Davis
Stephen E. Diamond* Re: Imperial Improvements, LLC v. Town of Wappinger
Joan F. Garrett** ~ Dear Supervisor Gutzler & Town Board Members:
Kevin T. McDermott Please be advised that the above referenced proceeding is a tax certiorari
matter for tax year 2012 only. There are three parcels owned by Irnperial
Angel 1. Falcon Improvements, LLC and located on New Hackensack Road, 18 New
James P. Horan*'* Hackensack Road and 1527 Route 9. This is the Imperial Plaza exclusive of
the Home Depot Property. The assessed value for 2012 was a combined
Lisa M. Cobb $12,800,000.00. The Petitioner has agreed to discontinue the 2012
M. Ellen O'Sullivan proceeding, without reduction, in exchange for reductions within to 2013 roll
Marina O'Neill which are already in effect which reduced the three parcels to a combined
$10,400,000.00.
Melissa A. Manna-Williams
Since there is no reduction in the 2012 assessment, there is no refund
liability.
OF COUNSEL
Scott L. Volkman I enclose herewith a resolution for your consideration at the next Town Board
Karen MacNish meeting.
PARALEGALS Very truly yours,
Sandra Oakley STE , RO T , DA OND, LLP
Dawn M. Paino
CLOSING COORDINATOR SCOTT L. VOLKMAN
Maria L. Jones SLV/dap
Enclosure
'ALSO ADMITTED IN FLBMA cc: Christian Harkins, Assessor
"ALSO ADMITTEO IN CT Michael Leonard, Town Clerk
"'ALSO ADMITTED IN NJ
O:\WappingerlTax Certioraris\imperial Improvements, LLC\9-16-2013 letter to Town Board.doc