2010-1632010-163
Resolution Authorizing the Settlement of Tax Certiorari Regarding A.R. Fuels C/O Metro
Property Group and HP Coolidge Maloney Road, LLC
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
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale (arrived at 6:05 PM)
Vincent F. Bettina (departed at 9:13 PM)
Ismay Czarniecki
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
proceedings commenced in 2007, 2008 and 2009 by AR Fuels c/o Metro Property Group and HP
Coolidge Maloney Road, LLC, regarding Grid Nos. 6259-02-538866; 6259-02-544878; 6259-
02-564876; 6259-02-575863; 6259-02-583857;6259-02-593861; 6259-02-635855; 6259-02-
705840, located at Maloney Road, in the Town of Wappinger, commonly known as Village
Crest Apartments, seeking a reduction in the 2007 through 2009 tax assessment for those
respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommend a settlement on
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 years 2007 through 2009, as it pertains to Grid Nos. 6259-02-538866; 6259-
02-544878; 6259-02-564876; 6259-02-575863; 6259-02-583857; 6259-02-593861; 6259-02-
635855; 6259-02-705840, as follows:
Grid Nn_: 62.59-02-538866
Tax Year
Original Total
Assessment
Revised Total
Assessment
Reduction
2007
135,000
135,000
-0-
2008
135,000
135,000
-0-
2009
1 135,000
135,000
-0-
Grid Nn_: 6259-02-544R7R
Tax Year
Original Total
Assessment
Revised Total
Assessment
Reduction
2007
147,000
147,000
-0-
2008
147,000
147,000
-0-
2009 147,000 147,000 -0-
Grid No.: 6259-02-564876
Original Total
Assessment
Revised Total Reduction
Assessment
Tax Year
2007
148,000
148,000 -0-
2008
148,000
148,000 -0-
2009
148,000
148,000 -0-
Grid No.: 6259-02-575883
Tax Year
Original Total
Reduction
Assessment
2007
3,200,000
2008
3,200,000
2009
13,200,000
Revised Total Reduction
Assessment
3,200,000 -0-
2,200,000 1,000,000
1) Inn non 1.000,000
Grid No.:
Tax Year
i
Original Total
Assessment
Revised Total
Assessment
Reduction
2007
2,800
2,800
-0-
2008
2009
2,800
2,800
-0-
1 2,800
2,800
-0-
Grid No.: 6259-02-593861
Original Total
Assessment
Tax Year
Reduction
Original Total
8,000,000
6,767,200
Assessment
2007
8,000,000
1,700,000
2008
8,000,000
1,700,000
2009
1,700,000
Revised Total Reduction
1,700,000 -0-
1,700,000 -0-
700,000 l,a
urea .No.:
Tax Year
Original Total
Assessment
Revised Total
Assessment
Reduction
2007
8,000,000
6,767,200
1,232,800
2008
2009
8,000,000
6,767,200
1,232,800
8,000,000
6,767,200
1,232,800
Grid No.: 6259-02-705840
Tax Year Original Total Revised Total Reduction
Assessment Assessment
2007 7,400,000 7,400,000 -0-
2008 7,400,000 6,400,000 1,000,000
2009 7,400,000 5,400,000 2,000,000
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.
Sak::>
MASTERSON, TOWN CLERK
Gellert & Klein, P.c.
Leonard Klein Attorneys at Law
75 Washington Street - Poughkeepsie, NY 12601
(845) 454-3250
(845) 454-4652 fax
Westchester County Office Columbia County Office
3010 Westchester Avenue Suite 302 2210 Route 7
Purchase, NY 10577 Copake, NY 12516
(914) 249-0100 (518) 329-1533 tel/fax
(914) 249-0111 fax
www.gkiaw.us
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 •
Elizabeth M. Corrado
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
April 20, 2010
Counsel
S. Nina Gellert
Raina E. Maissel
Justice George D. Marlow
Appellate Division (Ret.)
Senator Stephen M. Saland
Robert C. Vincent, Jr.
Joseph H. Gellert
(1907-1989)
*Also Admitted in CT
'Also Admitted in NJ
°Also Admitted in England
Re: AR Fuels c/o Metro Property Group n/k/a HP Coolidge
Maloney Road, LLC vs. Town of Wappinger
Grid No.: 6259-02-635855; 6259-02-538866; 6259-02-
593861; 6259-02-705840; 6259-02-753743;
6259-02-583857; 6259-02-575863; 6259-02-
564876; 6259-02-544878
Our File No.: 27036.1229
Dear Supervisor Colsey and Town Board Members:
The premises involved in the above -referenced proceedings are located on Maloney
Road, in the Town of Wappinger, and is comprised of nine (9) tax grids that make up what is
commonly known as Village Crest Apartments. Proceedings had been pending commencing in
1999 up until the sale of the property in 2006, at which time, all prior proceedings from 1999 to
2006 were discontinued.
Proceedings were then continued from 2007 through 2009. This matter had recently been
scheduled for conference before Judge Brands. Total assessments have been $20,732,800.00.
The Assessor had agreed to a total reduction in assessment for 2007 to $19,500,000.00, 2008 to
$17,500,000.00, 2009 to $15,500,000.00, and an assessment for 2010 of $14,500,000.00.
In 2007 the equalization rate was 100% so the values for settlement reflect full valuation
for each of the years at issue. The Assessor will be providing you a refund analysis under
separate cover for your consideration.
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 $19.5M 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: 845-454-4652
Email: svolkmanCaD_gklaw.us
Website: www.gklaw.us
Gellert & m ink P,(,..
Attorneys at L aW
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 1:00pm on Weds.
Christopher Colsey, Supervisor
Town of Wappinger
4/21/2010