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2009-321QUIRSM Resolution Authorizing Settlement of Tax Certiorari - Agustin Rodriguez 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 October 13, 2009. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey Councilmembers - William H. Beale (arrived at 6:08 PM) Vincent F. Bettina Maureen McCarthy (arrived at 7:28 PM) Joseph P. Paoloni ABSENT: The following Resolution was introduced by Councilman Beale and seconded by Councilman Bettina. WHEREAS, there is now pending in the Dutchess County Supreme Court, tax certiorari proceeding, commenced in 2009 by Agustin Rodriguez, regarding premises located at 601 Old Route 9 North, Grid # 6157-02-542585-00, seeking a reduction in the 2009 assessment for the tax roll; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this tax review proceeding. NOW, THEREFORE BE IT RESOLVED, that the Town Board of Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2009, as it pertains to Grid # 6157-02-542585-00, as follows: Original Reduction in Final Tax Year Assessment Assessment Assessment 2009/2010 $1,600, 000.00 $400,000.00 $1,200,000.00 and BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., 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: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: ABSENT JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 10/13/2009 The Resolution is hereby duly declared adopted. (10CL�� HN C. MASTERSON, TOWN CLERK rffl Gellert & Klein, P.c Attorneys at Law Leonard Klein Counsel Arthur L. Gellert Stephen E. Ehlers 75 Washington Street • Poughkeepsie, NY 12601 S. Nina Gellert John A. Geoghegan (845) 454-3250 Raina E. Maissel ° Lillian S. Weigert Scott L. Volkman (845) 454 4652 fax Justice George D. Marlow David R. Wise* Appellate Division (Ret.) Senator Stephen M. Saland Roderick J. MacLeod Robert C. Vincent, Jr. Bevin S. Harrington Kelly L. Traver * Westchester County Office Columbia County Office Daniel H. Stock 3010 Westchester Avenue Suite 302 2210 Route 7 Joseph H. Gellert Pamela B. Richardson Purchase, NY 10577 Co ake, NY 12516 (1907-1989) Laura E. Vincenzi (914) 249 0100 (518)329-1533 tel/fax (914) 249-0111 fax Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 *Also Admitted in CT WWW.gklaW.us Also Admitted in NJ October 6, 2009 *Also Admitted in England Re: Agustin Rodriguez vs. Town of Wappinger Grid No.: 6157-02-542585 Our File No.: 27036.7629 Dear Supervisor Colsey and Town Board Members: The premises involving the above -referenced is a vacant 6.45 acre parcel located at 601 Old Route 9 North, in the Town of Wappinger. The matter involves a proceeding for the year 2009 only. The property was assessed at $1,600,000.00, and calls for a reduction in assessment $400,000.00 to an agreed upon assessment of $1,200,000.00. Since the property is assessed at 100% equalization rate the reduced value reflects the agreed upon market value as well. This number was agreed to by the Assessor in consultation with Don McGrath. It is my recommendation, along with the Assessor that the Board favorably consider this settlement. Since only the current year is at issue, there will be no refunds for the Town or County taxes as the reduction should be in effect before the 2010 bills are issued. There will be School tax refunds since the 2009-2010 School Tax bills have already been issued. If you have any questions in the meantime, please do not hesitate to contact my office. Very truly ours, 4 SLVbr L. VOLKMAN Enc. cc: Christian Harkins, Assessor Christopher Masterson, Town Clerk FAUSER\clients\W\Wappinger - Town\Tax Certs\Rodroguez, Agustin\10-6-09 Itr w settlement resolution.wpd