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2009-3222009-322 Resolution Authorizing Settlement of Tax Certiorari - Raymours Furniture Company, 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 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 proceedings commenced in 2007, 2008 and 2009, by Raymours Furniture Company, Inc., regarding premises located at 1701 Route 9, Grid # 6158-10-497508-00, seeking a reduction in the 2007/2008, 2008/2009 and 2009/2010 assessment for the respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended settlement on this tax review proceeding; and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of Town of Wappinger hereby approves settlement on behalf of the Town of Wappinger of the tax review proceeding for the years 2007, 2008 and 2009, as it pertains to Grid # 6158-10-497508-00. Original Reduction in Final Tax Year Assessment Assessment Assessment 2007/2008 $10,000,000.00 $5,000,000.00 $5,000,000.00 2008/2009 $10,000,000.00 $5,000,000.00 $5,000,000.00 2009/2010 $10,000,000.00 $5,000,000.00 $5,000,000.00 and BE IT FUTHER 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. HN C. MASTERSON, TOWN CLERK Leonard Klein Arthur L. Gellert Stephen E. Ehlers John A. Geoghegan Lillian S. Weigert Scott L. Volkman David R. Wise" Roderick J. MacLeod Bevin S. Harrington Kelly L. Traver " Daniel H. Stock Pamela B. Richardson Laura E. Vincenzi Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Gellert & Klein, P.c. Attorneys at Law Counsel 75 Washington Street •Poughkeepsie, NY 12601 S. Nina Gellert Westchester County Office Columbia County Office 3010 Westchester Avenue Suite 302 2210 Route 7 Joseph H. Gellert Purchase, NY 10577 Copake, NY 12516 (1907-1989) (914) 249-0100 (518) 329-1533 tel/fax (914) 249-0111 fax 'Also Admitted in CT www.gklaw.us 'Also Admitted in NJ October 6, 2009 *Also Admitted in England Re: Raymours Furniture Co., Inc. Grid # 6158-10-497508 Our File No.: 27036.7629 Dear Supervisor Colsey and Town Board Members: The premises involving the above -referenced parcel is located at 1701 Route 9, in the Town of Wappinger and Village of Wappingers Falls. It is currently in the name of NAMCO. The matter involves proceedings for the years 2007, 2008 and 2009. The property was assessed at $10,000,000.00, and calls for a reduction in assessment of $5,000,000.00 to an agreed upon assessment of $5,000,000.00. 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. Please note that refunds are payable without interest. The Assessor has provided a refund analysis for your consideration. It is my recommendation along with the Assessor that the Board favorably consider this settlement. If you have any questions in the meantime, please do not hesitate to contact my office. SLVbr Enc. cc: Christian Harkins, Assessor Christopher Masterson, Town Clerk Very truly yours, FAUSER\clients\W\Wappinger - Town\Tax Certs\Raymours Fumiture\I0-6-09 Itr w settlement resolution.wpd (845) 454-3250 Raina E. Maissel° (845) 454 4652 fax Justice George D. Mario Appellate Appellate Division (Ret.) Senator Stephen M. Sal Robert C. Vincent, Jr. Re: Raymours Furniture Co., Inc. Grid # 6158-10-497508 Our File No.: 27036.7629 Dear Supervisor Colsey and Town Board Members: The premises involving the above -referenced parcel is located at 1701 Route 9, in the Town of Wappinger and Village of Wappingers Falls. It is currently in the name of NAMCO. The matter involves proceedings for the years 2007, 2008 and 2009. The property was assessed at $10,000,000.00, and calls for a reduction in assessment of $5,000,000.00 to an agreed upon assessment of $5,000,000.00. 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. Please note that refunds are payable without interest. The Assessor has provided a refund analysis for your consideration. It is my recommendation along with the Assessor that the Board favorably consider this settlement. If you have any questions in the meantime, please do not hesitate to contact my office. SLVbr Enc. cc: Christian Harkins, Assessor Christopher Masterson, Town Clerk Very truly yours, FAUSER\clients\W\Wappinger - Town\Tax Certs\Raymours Fumiture\I0-6-09 Itr w settlement resolution.wpd Gellert & Klein, P.C. Attorneys at Law -2- Matt Alexander, Mayor Joseph McGowan, Esq. Daniel Petigrew, Esq. FAUSER\clients\W\Wappinger - Town\Tax Certs\Raymours Fumiture\10-6-09 ltr w settlement resolution.wpd Benderson Trust-Raymours Benderson Trust-Raymours Refunds Year Assess. Value Eq. Rate Year Assess. Value Eq. Rate Eq. Value Stip AV Eq. Stip Value Red Amt. Town County Library School Totals 2007 10,000,000.00 100.00 $10,000,000 5,000,000 5,000,000 $5,000,000 $0.00 $0.00 $0.00 $61,452.28 $61,452.28 2008 10,000,000.00 100.00 $10,000,000 5,000,000 5,000,000 $5,000,000 $3,100.00 $11,450.00 $600.00 $65,250.00 $80,400.00 2009 10,000,000.00 100.00 $10,000,000 5,000,000 5,000,000 $5,000,000 $4,250.00 $12,700.00 $1,500.00 NIA $18,450.00 Totals $7,350.00 $24,150.00 $2,100.00 $126,702.28 $160,302.28 Benderson Trust-Raymours Refunds Year Assess. Value Eq. Rate Eq. Value Stip AV Eq. Stip Value Red Amt. Village 2007 10,000,000.00 100.00 $10,000,000 5,000,000 11,340,000 $5,000,000 $37,261.50 2008 10,000,000.00 100.00 $10,000,000 5,000,000 11,340,000 $5,000,000 $42,500.00 2009 10,000,000.00 100.00 $10,000,000 5,000,000 5,000,000 $5,000,000 $0.00 Totals $79,761.50 TOWN OF WAPPINGER TOWN BOARD RESOLUTION WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2007, 2008 and 2009 by Raymours Furniture Company, Inc., regarding premises located at 1701 Route 9, Grid # 6158-10-497508-00, seeking a reduction in the 2007/2008, 2008/2009 and 2009/2010 assessment for the respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommend settlement on this tax review proceeding; now, therefore be it RESOLVED, that the Town Board of Town of Wappinger hereby approves settlement on behalf of the Town of Wappinger of the tax review proceeding for the years 2007, 2008 and 2009, as it pertains to Grid # 6158-10-497508-00. Tax Year 2007/2008 2008/2009 2009/2010 and be it further Original Assessment $10,000,000.00 $10,000,000.00 $10,000,000.00 Reduction in Assessment $5,000,000.00 $5,000,000.00 $5,000,000.00 Final Assessment $5,000,000.00 $5,000,000.00 $5,000,000.00 RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C. Special Counsel to the Town of Wappinger hereby authorize to take all action necessary and appropriate to effectuate the terms of this resolution. Dated: October 13, 2009