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2010-1642010-164 Resolution Authorizing the Settlement of Tax Certiorari Regarding Dutchess Bleachery 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 Bettina and seconded by Councilman Beale. WHEREAS, there is now pending in the Dutchess County Supreme Court, tax certiorari proceedings commenced in 1998, 1999 and 2000 by Dutchess Bleachery, LLC., regarding Grid Nos. 6158-13-186252; 6158-13-199254 and 6158-13-220254, seeking a reduction in the 1998 through 2000 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommend a settlement of this tax review proceeding 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 1998 through 2000, as it pertains to Grid Nos. 6158-13-186252; 6158- 13-199254 and 6158-13-220254, as follows: Grid Nn_- 615R-13-186252 Tax Year Original Total Assessment Reduction Final Assessment 1998 67,500 -0- 67,500 1999 67,500 -0- 67,500 2000 1 67,500 -0- 67,500 Grid Nn_- 61';R-11-199254 Tax Year Original Total Assessment Reduction Final Assessment 1998 27,000 -0- 27,000 1999 27,000 -0- 27,000 2000 j 27,000 -0- 27,000 Grid Nn_- 615R-13-220254 Tax Year Original Total Assessment Reduction Final Assessment 1998 120,000 -0- 120,000 1999 120,000 -0- 120,000 2000 120,000 -0- 120,000 1 r_„ � BE IT FURTHER RESOLVED, that the Town supervisor, 1 own Assessor Mid uellel L & 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. J C. MASTERSON, TOWN CLERK rffl Gellert & Klein, P.C. Leonard Klein Attorneys at Law Arthur L. Gellert Stephen E. Ehlers 75 Washington Street - Poughkeepsie, NY 12601 ohn A. Geoghegan (845) 454-3250 Lillian S. Weigert Scott L. Volkman (845) 454-4652 fax David R. Wise* Roderick J. MacLeod Bevin S. Harrington Westchester County Office Columbia County Office Kelly L. Traver* 3010 Westchester Avenue Suite 302 2210 Route 7 Daniel H. Stock Purchase, NY 10577 Copake, NY 12516 Pamela B. Richardson • (914) 249-0100 (518) 329-1533 tel/fax lizabeth M. Corrado (914) 249-0111 fax www.gklaw.us April 20, 2010 Town Board Town of Wappinger 20 Middlebsuh Road Wappingers Falls, NY 12590 Re: Dutchess Bleachery vs. Town of Wappinger Our File No. 27036.8729 Dear Supervisor Colsey and Town Board Members: Counsel S. Nina Gellert J Raina E. Maissel ° Justice George D. Marlow Appellate Division (Ret.) Senator Stephen M.Saland Robert C. Vincent, Jr. Joseph H. Gellert (1907-1989) E There are three (3) pending years with respect to the above referenced tax certiorari proceeding for 1998, 1999, and 2000 for three (3) parcels located at McKinley Street at Industrial Park. Until the matter was recently scheduled for conference with Judge Brands, I did not even have a file on this matter, as I did not receive a file on this matter from my predecessor and I believe that subsequent years were settled or not pursued following a sale. I believe that the expectation was that these prior years were no longer viable. Each of these years was also prior to the revaluation. Nevertheless, we did have a conference before Judge Brands recently where this matter was discussed. Subsequent to that conference, in fiuther discussions with the Petitioner, they have agreed to Discontinue the above referenced proceedings. Therefore, I submit a Resolution for your consideration regarding the settlement of the above -referenced matter. There are no proposed reductions for any of the years at issue for the three (3) parcels which are the subject of each of these proceedings. If you have any further questions, please do not hesitate to contact me. Very truly yours, GELLERT & KLE BY: SLV/br SCOTT L. VOLKMAN Enc. FAUSER\clients\W\Wappinger - Town\Tax CertsOutchess Bleachery\4-20-101tr to TB w Res to discontinue.wpd *Also Admitted in CT 'Also Admitted in NJ °Also Admitted in England There are three (3) pending years with respect to the above referenced tax certiorari proceeding for 1998, 1999, and 2000 for three (3) parcels located at McKinley Street at Industrial Park. Until the matter was recently scheduled for conference with Judge Brands, I did not even have a file on this matter, as I did not receive a file on this matter from my predecessor and I believe that subsequent years were settled or not pursued following a sale. I believe that the expectation was that these prior years were no longer viable. Each of these years was also prior to the revaluation. Nevertheless, we did have a conference before Judge Brands recently where this matter was discussed. Subsequent to that conference, in fiuther discussions with the Petitioner, they have agreed to Discontinue the above referenced proceedings. Therefore, I submit a Resolution for your consideration regarding the settlement of the above -referenced matter. There are no proposed reductions for any of the years at issue for the three (3) parcels which are the subject of each of these proceedings. If you have any further questions, please do not hesitate to contact me. Very truly yours, GELLERT & KLE BY: SLV/br SCOTT L. VOLKMAN Enc. FAUSER\clients\W\Wappinger - Town\Tax CertsOutchess Bleachery\4-20-101tr to TB w Res to discontinue.wpd 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: svolkman(cDgklaw.us Website: www.gkiaw.us Gellert & mein, P.c. Attomeys 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 1:00pm on Weds. Christopher Colsey, Supervisor Town of Wappinger 4/21/2010