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2006-2412006-241 Resolution Reducing Benefit Units for O&M/Sewer Rent Charges for the Hark/Kandr, LLC Parcels 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 27th, 2006. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, Hark/Kandr, LLC, owns two (2) parcels of property located respectively at 1299 Route 9 and 1315 Route 9, Town of Wappinger, Dutchess County, New York, and respectively identified as Tax Map Grid Nos. 6157-02-567483 and 6157-02-567518, hereinafter referred to as the "Parcels"; and WHEREAS, the Parcels are located within the Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A, hereinafter referred to as "Phase 3A"; and WHEREAS, each Parcel has been assigned 23.83 Benefit Units for Phase 3A which Benefit Units are utilized for the purposes of establishing both Capital Assessments and Operation and Maintenance (O&M)/Sewer Rent Charges; and WHEREAS, Hark/Kandr, LLC has duly filed Benefit Unit Assessment Grievance Applications to the Town Board; and WHEREAS, the Town Board has agreed to reduce the Benefit Units for O&M/Sewer Rent Charges only. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby reduces the Benefit Units assigned to the Hark/Kandr LLC parcel located at 1299 Route, Wappingers Falls, New York identified as Tax Map Grid No. 6157-04-567483 to the total of ten (10) Benefit Units for O&M/Sewer Rent Charges only, which charges are to be paid quarterly, when, as, and if, the parcel is duly connected to Phase 3A. 3. The Town Board also hereby reduces the Benefit Units assigned to the Hark/Kandr LLC parcel located at 1315 Route 9, Wappingers Falls, New York identified as Tax Map Grid No. 6157-02-567518 to the total of ten (10) Benefit Units for O&M/Sewer Rent Charges only, which charges are to be paid quarterly, when, as, and if, the parcel is duly connected to Phase 3A. 4. The Town Board further confirms that the Benefit Units assigned to the property for Capital Assessments shall remain at 23.83 Benefit Units for each parcel. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE ROBERT L. VALDATI, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls, New York 11/27/2006 The Resolution is hereby duly declared adopted. C�IOHN C. ASTERSON, TOWN CLERK TOWN OF WAPPINGER ggSF SOR,i6® To: Town of Wappinger Town Boardq� Hon. Joseph Ruggiero, Supervisor AUG 3 / ? F�C� Albert P. Roberts, Esq., Town Attorney 006 Chris Masterson, Town Clerk 1. The date of this application is August 29, 2006. 2. The complainant is HARK/KANDR, LLC, whose address is 11 Marshall Road, Suite 1P, Wappingers Falls, New York 12590. The phone number for HARK/KANDR, LLC is (845) 296-1769. 3. HARK/KANDR, LLC `s representative is HANIG & HANDEL, ATTORNEYS AT LAW, LLP, 22 IBM Road, Suite 210, Poughkeepsie, New York 12603 and their telephone number is (845) 471-7177. 4. HARK/KANDR, LLC by and through their representative seek a reduction in the number of benefit units on property they own known as 1315 Route 9, in the Town of Wappi.nger, County of Dutchess and State of New York, more specifically known as S/B/L 6157-02- 567518 (the Property).. 5. The Property is wholly within the WAPPINGER SEWER TRANSMISSION/TREATMENT IMPROVEMENT AREA PHASE 3A. 6. Upon information and belief, the assignment of benefit units with respect to the property, made as aforesaid, is erroneous, unjust, unlawful and unequal for the following reasons: (a) the Benefit Unit Assessment currently assigned to the Property is 23.83, which is excessive and should be reduced by 22.43 Benefit Units to a total Benefit Unit Assessment of 1.4. conferred on the Property and the rates charged to the property owner do not reasonably correlate to their usage. r (c) the methodology used by the Town, to calculate and establish the ``rent rates".aze in violation of Article 14-F (Sewer Rent Law) of the General Municipal Law. (d) the `rent rates" are in violation of the United States and New York Constitutions because inter alfa said assessments are unequal in that the Property has been assessed more benefit units then other properties with substantially similar usage and of the same major type.' (e) said "rent rates" are illegal and erroneous in that the Property is not assessed benefit units upon one col=, on and general principal of valuation applied by the Town in assigning benefit units generally then other real property appearing on the same assessment rolls. Ne ; r+ a rnek-r&Q-.r e, F Lc1 ck) ('S 0. m P m 6,v,Y 1, JAY M9 RT, asfa er-of the complainant HA.RK/KANDR., LLC hereby designate LYNN M. SMOOKLER, ESQ. to act as my representative in any and all proceedings before the Town of Wappinger for purpose of reviewing the benefit unit assessment for sewer rents imposed by the Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A. Date: August ZO , 2006 I11191 me rn by r 1 T M or'f� r� YYIP�mb2�osl-eCQ Y F I LYNN M. SMOOKLER, certify that all statements made on this application are true and correct to the best of my knowledge and belief, and I understand that the making of any willful false statement of material fact herein will subject me to the provisions of the Penal Law relevant to the making and filing of false insturments Date: August 2006 Town Application �- TOWN Ut- WAPPINGER g� .y r.• aE5;4i'+,�-rte` ham ..A ding this application with the deadline Wappinger Assess:o�`;" ,r ` 1 A written response from the Town o'art.o� t Bd ,.�epf.ember • regarding the outcome of this grievance, a h a I T ,�Er�...... i rT.1.ca.nt, within 60 days. Upon, completion of this form by tF° �`hcoming•� his/her representative, this form should' be ma�l4ecY;� a"pert.y owner or the Wappinger Town Assessor 20 Middlebush, FGoad rn$m de1'iVered to NY 12590. �s ngers Fal 1 s, August 29, 2006#max' OF E APPLICATION:' ?PERTY OWNER: -€ f Name HARK/KANDit, LLC K r Wappingers Falls NY 12590 ll Marshall Road, Suite 1P, 47app g Address (845) 296-1769 Telephone #(H) Representative s Name/Address (if apt n1icable) NY r Mani &Handel, Attorneys at Law, LLP, 22 IBM Road S `Y si.e G157-02-567518 X AP IDENTIFIER (GRID NUMBER ON TAX BILL): OxU.NDS FOR GRIEVANCES TYPE (WETLANDS, ELECTRICAL, GAS, ETC.) SEE ATTACHED — F'IRT HER COMMENTS REGARDING SUBJECT PROPERTY: Tax Parcel Map Map Printed: 11/13/2006 This map was produced using the on-line tax parcel information retrieval and mapping system for Dutchess County, NY (I.M.A.G.I.S). ABSOLUTELY NO ACCURACY OR COMPLETENESS GUARANTEE IS IMPLIED OR INTENDED. ALL INFORMATION ON THIS MAP IS SUBJECT TO SUCH VARIATIONS AND CORRECTIONS AS MIGHT RESULT FROM A COMPLETE TITLE SEARCH AND/OR ACCURATE FIELD SURVEY. http://gi s. dcny. gov/servleticom.esri. esrimap.Esrimap?ServiceName=townscolor&Form=... 11/13/2006