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2010-2112010-211 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Elant at Fishkill, Inc. D/B/A Elant at Wappingers Falls 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 June 14, 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 Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2007, 2008 and 2009 by Elant at Fishkill, Inc., d/b/a Elant at Wappingers Falls, Inc., regarding Grid No. 6158-18-359123, seeking a reduction in the 2007/2008, 2008/2009 and 2009/2010 tax assessment and a total exemption for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommend a settlement of those 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 proceedings for the years 2007, 2008 and 2009, as it pertains to Grid No. 6158-18-359123, as CnllnAx1e Tax Year Original Total Assessment Revised Total Exemption Assessment 2007/2008 1,922,550 1,922,550 25% 2008/2009 1,922,550 1,922,550 50% 2009/2010 1,922,550 1,922,550 50% 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 actions 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: AYE Dated: Wappingers Falls, New York 6/14/2010 The Resolution is hereby duly declared adopted. J C. ASTERSON, TOWN CLERK Gellert & Klein, P.C. Attorneys at Law Counsel Leonard Klein Gellert Arthur L. G 75 Washington Street •Poughkeepsie, NY 12601 S. Nina Gellert E. Maissel° Stephen E. Ehlers Geoghegan John A. Ge (845) 454-3250 Raina Justice George D. Marlow Weigert Lillian S. W (845) 454-4652 fax Appellate Division (Ret.) Senator Stephen M. Saland Volkman Scott L. Vol David R. Wise*Robert C. Vincent, Jr. Roderick J. MacLeod Harrington Bevin S. Ha Westchester County Office Columbia County Office Kelly L. TraverJoseph ' 3010 Westchester Avenue Suite 302 2210 Route 7 H. Gellert Richardson Pamela B. R (1907-1989) Elizabeth "Also Admitted in CT •Also Admitted in NJ Also Admitted in England • Purchase, NY 10577 Copake, NY 12516 M. Corrado (914) 249-0100 (518) 329-1533 tel/fax (914) 249-0111 fax www.gklaw.us June 8, 2010 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, Re: Elant at Fishkill vs. Town of Wappinger File No.: 27036.5229 Dear Supervisor Colsey and Town Board Members: The premises involving the above -referenced parcel located at 37 Meiser Avenue in the Village of Wappingers Falls. The property was acquired by Elant of Fishkill, Inc., d/b/a Elant of Wappingers Falls in February 2007, as a nursing home and has been the subject of an application for a reduction in assessment and the recognition of a total exemption for 2007, 2008 and 2009. The property has had an assessment of $1,922,550. That assessment remains. However, the settlement recognizes an exemption and steps up to a total exemption for the 2010 roll. This settlement recognizes a 25% exemption in 2007, and a 50% exemption in 2008 and 2009 respectively. The Assessor will provide a refund analysis for your consideration. Please note that the refund, which will be administered by County, payable without interest for a period of 60 days from the date that the final Order is signed. It is my recommendation along with the Assessor that the Board favorably consider this settlement. If you have any questions, please do not hesitate to contact myself or the Assessor. SLV/br cc: Christian Harkins, Assessor Christopher Masterson, Town Clerk JUN 0 q 13;1 TOWN OF WAPPINGER TOWN CLERK