2010-2102010-210
Resolution Authorizing Settlement of Tax Certiorari Proceeding Regarding Brookside
Management Corp.
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 Czarnecki
Joseph P. Paolon
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 Brookside Management Corp., regarding property at
Colonial Drive, seeking a reduction in the 2007/2008, 2008/2009 and 2009/2010 tax assessment 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
')1)1)7 'nnQ —A 7nnQ ac fnllmuc-
Tax Year Original Total
Assessment
Revised Total
Assessment
Reduction
2007/2008
6,635,475
6,635,475
-0-
2008/2009
6,701,000
6,000,000
701,000
2009/2010
1 65701,000
1 5,500,000
1,201,000
BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert a
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.
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JOHN C. MASTERSON, TOWN CLERK
Gellert & Klein, P.C.
Attorneys at Law
Leonard KleinCounsel
Gellert
Arthur L. G
75 Washington Street •Poughkeepsie, NY 12601
S. Nina Gellert
Raina E. Maissel °
Stephen E. Ehlers
Geoghegan
John A. Ge
(845) 454-3250
Justice George D. Marlow
Weigert
Lillian S. W
(845) 454-4652 fax
Appellate Division (Ret.)
Senator Stephen M. Saland
Volkman
Scott L. Vol
ise'
David R.Wise*
Robert C. Vincent, Jr.
Roderick J. MacLeod
Bevin S. Harrington
Kelly L. TraverJoseph
H. Gellert
Pamela B.
(1907-1989)
Elizabeth
Also Admitted in CT
"Also Admitted in NJ
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Westchester County Office Columbia County Office
" 3010 Westchester Avenue Suite 302 2210 Route 7
Richardson • 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: Brookside Management vs. Town of Wappinger
File No.: 27036.2429
Dear Supervisor Colsey and Town Board Members:
This matter was the subject of a tentative settlement earlier this year which has been re-
negotiated in a manner more favorable to the Town and the other jurisdictions.
The premises involving the above referenced parcel located at Colonial Drive, in the Village
Wappingers Falls, is currently known as Brookside Garden Apartments. This matter involves the
above mentioned apartment complex for three years; 2007/2008, 2008/2009 and 2009/2010. The
units had a combined total assessment of $6,635,475.00, 6,701,000.00 and 6,701,000.00 respectively
for the years at issue. This settlement calls for no reduction for 2007 and a reduction to
$6,000,000.00 in 2008, and $5,500,000.00 in 2010. In anticipation of this settlement the Assessor
reduced the assessment for 2010 before the preliminary roll was filed to $4,500,000.00.
The Assessor will provide a refund analysis to you for your consideration. Please note that
refunds which will be administered by the County, are payable without interest for a period of 60
days from the date that the final Order is signed and served.
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
Enc.
cc: Christian Harkins, Assessor
Christopher Masterson, Town Clerk
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JUN 0 9 20110
TOWN OF WAppINGER
TOWN CLERK