2013-2082013-208
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding 2345
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
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
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 2012 and 2013 by 2345 LLC regarding real property located
at 1289 Route 9, Grid No. 6157-04-573456-0000, seeking a reduction in the 2012 and 2013 tax
assessments for their respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of
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 proceedings for the year 2012
and 2013, as it pertains to:
Grid No.: 6157-04-573456-0000
Tax Original Total
Assessment Revised Total
Assessment Reduction
2012/2013 $1,600,000.00 $1,425,000.00 $175,000.00
2013/2014 $1,600,000.00 $1;400,000.00 $200,000.00
and be it further
RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq.,
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 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
The Resolution is hereby duly eclared adopted.
MICH L J. L ,TOWN CLERK
STENGER ROBERTS
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DAVIS & DIAMOND ~~P
1138 Route 9
Wappingers Falis, New York 12590
(845)298-2000
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FAX (845) 298-2842
wwwsrddiaw.com September 16, 2013 ~ '% '
e-mail: info srddlaw.com
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Town Board
Town of Wappinger '~~ ~~ `' ~~
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20 Middlebush Road ~~,~
Kenneth M. stenger Wappingers Falls, NY 12590
Attn: Hon. Barbara Gutzler, Supervisor y``
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Albert P. Roberts tp~
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Thomas R. Davis ~
Re: 2345 LLC v. Town of Wappinger
Stephen E. Diamond`
Dear Supervisor Gutzler & Town Board Members:
Joan F. Garrett"
Please be advised that the above referenced proceeding is a tax certiorari
matter for the tax year 2012/2013 and 2013/2014. This is an improved parcel
Kevin T. McDermott of land located at 1289 Route 9 and owned by 2345 LLC. It is a single
Angel I. Falcon commercial parcel improved by a multiple use commercial 9,750 square foot
James P. Horan"` structure. T'he assessment for the two years at issue is $1,600,000.00. We
have negotiated a settlement which reduces the assessment to $1,425,000.00
Lisa M. Cobb and $1,400,000.00 respectively. The Assessor will provide you with a refund
A7. Ellen O'Sullivan analysis for your review and consideration along with his favorable
recommendation. The refund will be payable without interest if paid with 90
Marina O'Neill days of the date of the service of the copy of the Order.
Melissa A. Manna-Williams
We would appreciate your concurrence on this matter at the next available
Town Board meeting. If you have any questions please do not hesitate to
OF COUNSEL contact me.
Scott L. Volkman
Karen MacNish Very truly yours,
STEN E ROB RTS A & DIAMOND, LLP
PARALEGALS
Sandra Oakley
Dawn M. Paino COTT L. VOLKMAN
SLV/dap
CLOSING COORDINATOR CC: ChrlStlan HarklnS, ASSeSSOr
Maria L. Jones Michael Leonard, Town Clerk
• ALSO ADMITTED W FL 6 MA
'• ALSO ADMITTED IN CT
"'ALSO ADMITTED W NJ
O:\Wappinger\Tax Certioraris\2345 LLC19-16-2013 letter to Town Boazd.doc