2010-1622010-162
Resolution Authorizing the Settlement of Tax Certiorari Regarding Double "O" Grill and
T&C Seacrest Diner
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 April 26,
2010.
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 6:05 PM)
Vincent F. Bettina (departed at 9:13 PM)
Ismay Czarniecki
ABSENT:
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Councilwoman Czarniecki.
WHEREAS, there is now pending in the Dutchess County Supreme Court, tax certiorari
proceeding commenced in 2007 and 2008, by Double "O" Grill and T&C Seacrest Diner, Inc.,
regarding premises located at Route 9 Rear, Grid # 6156-19-631095-00, seeking a reduction in
the 2007 and 2008 tax assessment for those respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommend a settlement of
these 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
proceeding for the year 2007 and 2008, as it pertains to Grid No.: 6156-19-631095-00.
Original Reduction in Final
Tax Year Assessment Assessment Assessment
2007 325,000.00 225,000.00 100,000.00
2008 100,000.00 -0- 100,000.00
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
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
ABSENT
Dated: Wappingers Falls, New York
4/26/2010
The Resolution is hereby duly declared adopted.
0- / A, 14. �' " �-
J HN C. MASTERSON, TOWN CLERK
WGellert & Klein, P.0
lein
Leonard Kleinounsel
Attorneys at Law
Arthur L. Gellert
Stephen E
E. Ehlers
75 Washington Street •Poughkeepsie, NY 12601
S. Nina Gellert
John A. G
Geoghegan
(845) 454-3250
Raina E. Maissel
Lillian S. Weigert
(845) 454-4652 fax
Justice George D. Marlow
Scott L. Vo
Volkman
Appellate Division (Ret.)
David R. Wise"
Senator Stephen M. Saland
Roderick)
J. MacLeod
Robert C. Vincent, Jr.
Bevin S. H
Harrington
Westchester County Office Columbia County Office
Kelly L. Traver "
Daniel H. Stock
3010 Westchester Avenue Suite 302 2210 Route 7
Joseph H. Gellert
Pamela B. Richardson •
Purchase, NY 10577 Copake, NY 12516
(914) Z49-Ot00 (518) 329-1533 tel/fax
(1907-1989)
Elizabeth M. Corrado
(914) 249-0111 fax
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April 20, 2010
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Town Board
Town of Wappinger
20 Middlebsuh Road
Wappingers Falls, NY 12590
Re: Double "O" Grill anDiner
d T&C Searcrest
vs. Town of Wappinger
Our File No. 27036.0629
Dear Supervisor Colsey and Town Board Members:
There are two (2) years outstanding with respect to this matter. This case was the subject
of a recent conference before Judge Brands. It is scheduled for another conference in May. This
property is part of the Double "O" Grill. The parcel is a .18 acre parcel which sits off the rear of
the parking lot of the Double "O" Grill. At one time it had a single family home on it, that I
understand was the subject of fire and was torn down. The property was acquired by T&C
Seacrest Diner, Inc., in May of 2006 for $50,000.00. The property was assessed for 2007 at
$325,000.00 based upon prior improvements. However, in 2008 the assessment was reduced to
$100,000.00 by the Assessor.
The Petitioner challenged both years based upon the purchase price. The Petitioner did
not file in 2009. The Petitioner has now agreed to withdraw the 2008 proceeding and leave the
assessment at the $100,000.00 level and has agreed to a reduction for 2007 also to $100,000.00.
This assessment is at twice the purchase price of the parcel and in conformance with the
reduction agreed to by the assessor in 2008. It is recommended by both myself and the Assessor.
Attached is a resolution for your consideration.
Yours very truly,
GELLE KLE L.C./br Y: SCOTT L. VOLKMAN
Enc.
Page 1 of 2
Chris Colsey
From: Scott Volkman [svolkman@gklaw.us]
Sent: Wednesday, April 21, 2010 10:57 AM
To: Chris Colsey
Subject: RE: 4-26 agenda
Hi Chris;
As I indicated I am sending over 3 items today for the 4-26 agenda. They are:
1. Dutchess Bleachery. This involves proceedings for 3 years, prior to the reval on property at McKinley
St in the Industrial Park. All proceedings are being discontinued with no refund liability...
2. Double O Grill. This involves proceedings for 2 years on a vacant .18 acre parcel off the rear of their
parking lot that at one time had a single family home but is vacant now. The property was assessed at
$325K but is now assessed at $100K. It was purchased by petitioners for $50K which is where they want
the assessment. We have agreed to reduce 2007 to $100K and 2008 will not be reduced and shall
remain at $100K. There was no filing for 2009.
3. Village Crest Apts ( AR Fuels, HP Coolidge Maloney Road). At one time there were proceedings
pending since 1999. They were discontinued in 2006 but filings continued in 2007 to 2009. Since 2007,
the assessment has been $20.7M. The assessor has agreed to reduce the assessments to $19.51M for
2007, $17.5M for 2008 and $15.5M for 2009. He has agreed to a prospective reduction to $14.5 for 2010,
which will not impact refunds.
Let me know if you need more. Will I be seeing you at the 3:00 meeting? Christian and I will be there.
The Mayor and the Village attorney will be there and the School District attorney will be there to discuss
Elant and Brookside....
Scott L. Volkman
Gellert & Klein, P.C.
75 Washington Street
Poughkeepsie, New York 12601
Telephone: 845-454-3250
Facsimile: 845454-4652
Email: svolkman@gklaw.us
Website: www.gklaw.us
Gellert & Mein, pp.,
Attorneys at Law
From: Chris Colsey [mailto:ccolsey@townofwappinger.us]
Sent: Monday, April 19, 2010 10:43 AM
To: 'aroberts@vsrp.com'; 'Walter Artus'; 'Robert Gray; 'David Stolman'; 'Greg Bolner'; Scott Volkman
Cc: Chris Masterson
Subject: 4-26 agenda
Please send me an e-mail summarizing any Discussion items that you need on the 4-26 agenda.
Resolutions are due to the Town Clerk, with copy to me, no later than 1:OOpm on Weds.
Christopher Colsey, Supervisor
Town of Wappinger
4/21/2010