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2014-199 2014-199 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Foundation For The Chapel Of Sacred Mirrors,Ltd./The Church Of Sacred Mirrors 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 August 11, 2014. The meeting was called to order by Barbara Gutzley Supervisor, and upon roll being called,the following were present: PRESENT: Supervisor - Barbara Gutzler Councilmembers - William H. Beale Vincent F. Bettina Ismay Czarmecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Czarniecki. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2009, 2010, 2011, 2012, 2013 and 2014 by the Foundation for the Chapel of Sacred Mirrors. Ltd./The Church of Sacred Mirrors regarding real property located at 46-70 Deer Hill Road, Grid #6057-02-834604 seeking a total tax exemption for each of the respective tax rolls and reclassification of the property from `recreation and entertainment'to"church';and WHEREAS, the Hon. James V. Brands, JSC has determined that the property is wholly exempt pursuant to Real Property Tax Law § 420-a;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 by consenting to the withdrawal the petition requesting an exemption for the 2009 and 2010 tax rolls and granting the total exemption for the 2011. 2012, 2013 and 2014 tax roll and reclassification of the property accordingly; 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: NAY VINCENT F. BETTINA, COUNCILMAN Voting:AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ,COUNCILMAN Voting: AYE Dated: Wappingers Falls,New York 8/11/2014 The e {lutio/l ereby d declared adopted. J PH P. PAO NI, TOWN CLERK C . STENGER ROBERTS DAVIS & DIAMOND LLP 1136 Route 9 Wappingers Falls,New York 12590 (845)298-2000 FAX(845)296-2842 August 5, 2014 www.srddlaw.com e-mail:Into@smdlawoom 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: The Church of Sacred Mirrors (COSH)v. Town of Wappinger Stephen E.Diamond' Dear Supervisor Gutzler&Town Board Members: Joan F.Garet[" Please be advised that the above referenced proceeding is a tax certiorari Kevin T.McDermott matter for years commencing in 2009 through the year 2014. This proceeding involves a parcel located 46-70 Deer Hill Road which was Angel I.Falcon acquired from the Deer Hill Conference Center, Inc. by the Foundation for James P.Horan— the Chapel of Sacred Mirrors in 2009 and was previously wholly tax exempt. The valuation of$1,850,000 is not in dispute. Lisa M.Cobb Manna V.O'Neill At issue in each of the proceedings is whether or not the property is to be considered tax exempt or not. During the first two years of the proceedings Melissa A.Manna-Williams the property was owned by the Foundation for the Chapel of Sacred Mirrors. Starting in 2011 and in subsequent proceedings the property was held by the Church of Sacred Mirrors. Pursuant to a decision of Hon. James V. Brands OF COUNSEL L.Volkman and corresponding judgments the property was determined to be wholly tax Scott L Karen Volamh exempt during the period of ownership by the Foundation and also the subsequent ownership by the Church. Although there are certain pending appeals with respect to the decisions issued by the Supreme Court, in order to PARALEGALS avoid further litigation and recognizing the decision issued by the Supreme Sandra Oakley Court regarding the tax exempt status of the property, we have entered into a never W perk, settlement agreement with the petitioner. This proposal would effectively discontinue the 2009 and 2010 proceedings in their entirety. In addition it would recognize the total tax exemption for the property starting in 2011 and CLOSING COORDINATOR going forward. The valuation is not impacted by this settlement but the Maria L.Jones exempt status will be changed. The property will be wholly exempt for real estate taxes in recognition of their qualification as a non-for-profit and tax exempt entity as recognized by the Internal Revenue Service and eligible for �oaoMoww mandatory tax exemption pertaining to New York State Real Property Tax Law §420-a. O\W appinge Tae CcmlorkmaCbapel of[he Sacred Mirmd&5-2014 hater to flue Town Soad.doe Enclosed is a resolution for your review and consideration. Because of the pendency of the appeals with respect to this matter and the pending tax bill of the Wappingers Central School District which hopefully can be corrected if the order is timely signed, your prompt consideration is appropriate at the next Town Board meeting on August 11, 2012. The petitioner will waive interest, costs and disbursements for 2009-2012, provided refunds for 2011/2012, 2012/2013 are paid within 30 days. The County and the School District are prepared to meet that deadline in processing the refund. Very truly yours, STEN ,ROBE V ..D' OND, LLP CO L. VOLKMAN SLV/dap Enclosure cc: Christian Harkins, Assessor Daniel Petigrow,Esq. Carmela Morley,Dutchess County Deputy Commissioner of Finance Joseph P. Paoloni,Town Clerk 0 Ma,epinWffn Cenioreris\Cbgel ofthe Sacred Mirtost&5-20141mer m the Town Bowd.doc