2010-2702010-270
Resolution Authorizing the Settlement of Tax Certiorari Regarding Alpine Improvements,
LLC, Stop & Shop, Inc., and BJ's Whole Sale Club, Inc.
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
September 13, 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 (Departed 8:28 PM)
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman Czarniecki.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2007, 2008, 2009 and 2010 by Alpine Improvements, LLC,
regarding Grid No. 6157-02-707773, located at 1404 Route 9, in the Town of Wappinger,
commonly known as Alpine Commons Shopping Center, seeking a reduction in the 2007, 2008,
2009 and 2010 tax assessment for those respective tax rolls; and
WHEREAS, there is also pending proceedings commenced by the tenant Stop & Shop,
Inc., and BJ's Wholesale Club, Inc. for the years 2005, 2006, 2007, 2008, 2009 and 2010; and
WHEREAS, the Town Assessor and Special Counsel have recommended 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 Alpine
Improvement, Inc., tax review proceeding and Stop & Shop /BJ's Wholesale tax review
proceedings, for the years 2005, 2006, 2007, 2008, 2009 and 2010, as it pertains to Grid
No.6157-02-707773, as follows:
Grid No.: 6157-02-707773
Tax Year
Original Total
Assessment
Revised Total
Assessment
Reduction
2005
9,200,000
9,200,000
-0-
2006
9,200,000
9,200,000
-0-
2007
34,000,000
27,200,000
6,800,000
2008
34,000,000
27,200,000
6,800,000
2009
34,000,000
27,200,000
6,800,000
2010
34,000,000
25,500,000
8,500,000
:and
BE IT FURTHER RESOLVED, that the Stop & Shop/BJ's proceedings should be
discontinued as a condition of the settlement; and
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: AYE
Dated: Wappingers Falls, New York
9/13/2010
The Resolution is hereby duly declared adopted.
JOHN C. MASTERSON, TOWN CLERK
Gellert & Klein, P.C.
Leonard Klein
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'
Robert E. Noe
Pamela B. Richardson • (914) 249-0100 (518) 329-1533 tel/fax
Elizabeth M. Corrado
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Attorneys at Law Counsel
75 Washington Street • Poughkeepsie, NY 12601 S. Nina Gellert
(845) 454-3250 Raina E. Maissel0
(845) 454 4652 fax Justice George D. Marlow
Appellate Division (Ret.)
Senator Stephen M. Saland
Robert C. Vincent, Jr.
Westchester County Office Columbia County Office
3010 Westchester Avenue Suite 302 2210 Route 7 Joseph H. Gellert
Purchase, NY 10577 Copake, NY 12516 (1907-1989)
10 14)
Re: Alpine Improvements vs. Town of Wappinger
Stop & ShopBJ's vs. Town of Wappinger
Grid No.: 6157-02-707773
Our File No.: 27036.1629
Dear Supervisor Colsey and Town Board Members:
Please be advised that the above referenced proceeding is a tax certiorari matter for the
tax years of 2005, 2006, 2007, 2008, 2009 and 2010. The Assessor has negotiated a settlement
of the above referenced proceeding by reducing the assessment from $34,000,000 to $27,200,000
for 2007 through 2009 and $25,500,000 for 2010. Since we have a 100% equalization rate that
reflects fair market value. There are no reductions for 2005 and 2006. The Assessor will
provide you with a recommendation and a analysis for your consideration. Additionally, refunds
will be payable without interest if paid within 60 days.
I enclose herewith a Resolution for your consideration at the September 13, 2010. Town
Board meeting. Your consideration at that time, would be greatly appreciated.
Very truly yours,
SLV/br
Enc.
cc: Christian Harkins, Assessor
Chris Masterson, Town Clerk
Loretta Brunello, Deputy Assessor
FAUSER\clients\W\Wappinger - Town\Tax Certs\Alpine\9-7-10 Itr to Town Board w settlement docs.wpd
249-01 1 1 fax
'Also Admitted in CT
WWW.gkIc1W.U5
Also Admitted in NJ
OAlso Admitted in England
September 7, 2010
Re: Alpine Improvements vs. Town of Wappinger
Stop & ShopBJ's vs. Town of Wappinger
Grid No.: 6157-02-707773
Our File No.: 27036.1629
Dear Supervisor Colsey and Town Board Members:
Please be advised that the above referenced proceeding is a tax certiorari matter for the
tax years of 2005, 2006, 2007, 2008, 2009 and 2010. The Assessor has negotiated a settlement
of the above referenced proceeding by reducing the assessment from $34,000,000 to $27,200,000
for 2007 through 2009 and $25,500,000 for 2010. Since we have a 100% equalization rate that
reflects fair market value. There are no reductions for 2005 and 2006. The Assessor will
provide you with a recommendation and a analysis for your consideration. Additionally, refunds
will be payable without interest if paid within 60 days.
I enclose herewith a Resolution for your consideration at the September 13, 2010. Town
Board meeting. Your consideration at that time, would be greatly appreciated.
Very truly yours,
SLV/br
Enc.
cc: Christian Harkins, Assessor
Chris Masterson, Town Clerk
Loretta Brunello, Deputy Assessor
FAUSER\clients\W\Wappinger - Town\Tax Certs\Alpine\9-7-10 Itr to Town Board w settlement docs.wpd