2014-0852014-85
Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Gas
Land Petroleum, Inc.
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 March 10,
2014.
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 Bettina and seconded by
Councilman Beale.
WHEREAS, there is now pending in the Dutchess County Supreme Court a tax
certiorari proceeding commenced in 2013 by Gas Land Petroleum, Inc. regarding real property
located at 233 Myers Corners Road, Grid #135689-6258-02-730572 seeking a reduction in the
2013 tax assessments for the 2013/2014 tax roll; 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 Attorney has 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 2013
as it pertains to:
Grid #135689-6258-OZ-730572
Tax Original Total
Assessment Reduction in
Assessment Final
Assessment
2013 $700,000.00 -0- $700,000.00
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
3/10/2014
The Re~nlution is her~duly declared adopted.
JOSEPH P. PAOLONI, 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 March 5, 2014
e-mail: info@srddlaw.com
Town Board
Town of Wappinger.
20 Middlebush Road
Kenneth M. stenger Wappingers Falls, NY 12590
Attn: Hon. Barbara Gutzler, Supervisor
Albert P. Roberts
Thomas R. Davis Re: Gas Land Petroleum, Inc. 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
Kevin T. McDermott matter for the assessment year 2013. This involves a single parcel of
improved property located at 233 Myers Corners Road. It is a gasoline
Angel I. Falc6n station. This was the subject of a prior settlement for 2009, 2010 and 2011,
James P. Horan""' which resulted iri an assessment on this property in 2011 of $650,000.00. It
was subsequently sold to Gas Land Petroleum, Inc. for $700,000.00. They
Lisa M. Cobb challenged the assessment in 2013. After the negotiations with Counsel for
M. Ellen O'Sullivan the Petitioner they have agreed to withdraw this proceeding in its entirety
with prejudice and without any reduction.. Therefore the assessment will
Marina V. O'Neill remain at $700,000.00.
Melissa A. Manna-Williams
I enclose a resolution for your consideration. I would appreciate your
concurrence on this matter at the next Town Board meeting. If you have any
OF COUNSEL questions in the meantime please do not hesitate to contact me.
Scott L. Volkman
Karen MacNish YOUTS ..trUl),, '
i ~ max, KU ~ ' ' ',pAV~S & DIAMOND, LLP
PARALEGALS
Sandra Oakley
Dawn M. Paino ~ SCOTT L. OLKMAN
SLV/dap
CLOSING COORDINATOR Enclosure
Maria L. Jones cc: Christian Harkins, Assessor
Joseph P. Paoloni, Town Clerk
' ALSO ADMITTED IN FL d Mn Daniel Petigrow, ESq.
ALSO ADMITTED IN CT
"'ALSO ADMITTED IN NJ
O:\Wappinger\Tax Certioraris\Gas Land Petroleum, Inc~3-5-2014 letter to Town Baard.doc
.~~ STENGER ROBERTS
DAVIS & DIAMOND ~~P
1136 Route 9
Wappingers Falis, New York 12590
(845) 298-2000
FAX (845) 298-2842
wwwsrddlaw.com March 5, 2014
e-mail: info@srddlaw.com
Town Board
Town of Wappinger
20 Middlebush Road
Kenneth M. Stenger Wappingers Falls, NY 12590
Attn: Hon. Barbara Gutzler, Supervisor
Albert P. Roberts
Thomas R. Davis Re: Gas Land Petroleum, Inc. 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
Kevin T. McDermott matter for the assessment year 2013. This involves a single parcel of
improved property located at 233 Myers Corners Road. It is a gasoline
Angel i. Faicbn station. This was the subject of a prior settlement for 2009, 2010 and 2011,
James P. Horan*** which resulted 1ri an assessment on this property in 2011 of $650,000.00. It
was subsequently sold to Gas Land Petroleum, Inc. for $700,000.00. They
Lisa M. Cobb challenged the assessment in 2013. After the negotiations with Counsel for
M. Ellen O'Sullivan the Petitioner they have agreed to withdraw this proceeding in its entirety
' with prejudice and without any reduction. Therefore the assessment will
Marina V. O
Neill remain at $700,000.00.
Melissa A. Manna-Williams
I enclose a resolution for your consideration. I would appreciate your
concurrence on this matter at the next Town Board meeting. If you have any
OF COUNSEL questions in the meantime please do not hesitate to contact me.
Scott L. Volkman
Karen MacNish Yours V~~truly,
STE R, RO ;;pAV~ & DIAMOND, LLP
PARALEGALS
Sandra Oakley
Dawn M. Paino ~ SCOTT L. OLKMAN
SLV/dap
CLOSING COORDINATOR Enclosure
Maria L. Jones cc: Christian Harkins, Assessor
Joseph P. Paoloni, Town Clerk
Daniel Petigrow, Esq.
• ALSO ADMITTED IN FL d MA
"ALSO ADMITTED IN CT
"' AL80 ADMITTED IN NJ
O:\Wappinger\Tax Certioraris\Gas Land Petroleum, Inc~3-5-20141etter to Town Board.doc