2010-2682010-268
Resolution Authorizing the Settlement of Tax Certiorari Regarding Victor N. Owen and
Jacquelyn Owen
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
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale (Departed 8:28 PM)
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilwoman Czarniecki and seconded by
Councilman Beale.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2004, 2005, 2006, 2007, 2008 and 2009 by Victor N. Owen and
Jacquelyn Owen, regarding Grid No. 6157-04-649335 located at 158 Old Post Road in the Town
of Wappinger, seeking a reduction in the 2004, 2005, 2006, 2007, 2008 and 2009 tax assessment
for those respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommended a settlement on
these tax review proceedings; and
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 2004, 2005, 2006, 2007, 2008, 2009 and 2010 tax assessment for those
respective tax rolls; as it pertains to Grid No.6157-04-649335, as follows:
Grid No.: 6157-04-649335
Tax Year
Original Total
Assessment
Revised Total
Assessment
Reduction
2004
500,000
410,145
89,855
2005
500,000
365,375
134,625
2006
475,000
323,750
151,250
2007
1,543,750
925,000
618,750
2008
1,405,000
925,000
480,000
2009
1,405,000
925,000
480,000
; 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.
Y e4(0)'
HN C. MAS ERSON, TOWN CLERK
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 •
Elizabeth M. Corrado
Gellert & Klein, P.c.
Attorneys at Law Counsel
75 Washington Street •Poughkeepsie, NY 12601 S. Nina Gellert
Westchester County Office Columbia County Office
3010 Westchester Avenue Suite 302 2210 Route 7
Purchase, NY 10577 Copake, NY 12516 Joseph H. Gellert
(914) 249-0100 (518) 329-1533 tel/fax (1907 1989)
(914) 249-0111 fax
*Also Admitted in CT
www.gklaw.us 'Also Admitted in NJ
°Also Admitted in England
September 7, 2010
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Owen vs. Town of Wappinger
Location: 158 Old Post Road
Our File No.: 27036.5329
Dear Supervisor Colsey and Town Board Members:
Please be advised that the above referenced proceeding is a tax certiorari matter for the tax
year of 2004, 2005, 2006, 2007, 2008, and 2009. We have negotiated a settlement of the above
referenced proceeding by reducing the assessment to $925,000, for all of the years at issue. Since we
have a 100% equalization rate that reflects a fair market value of $925,000 for 2007, 2008 and 2009.
For 2004, 2005, and 2006, the revised assessment reflects an equalization rate of 44.34%, 39.5% and
35% respectively. The Assessor will provide you with a refund analysis for your consideration.
Additionally, refunds will be payable without interest if paid within 60 days.
This property was sold to Adams Fairacre Farms and was reassessed as part of a larger parcel
for 2010.
I enclose herewith a Resolution for your consideration at the September 13, 2010. Town Board
meeting. Your favorable consideration at that time, would be greatly appreciated.
Very truly yours,
SLV/br
Enc.
cc: Christian Harkins, Assessor
Loretta Brunello, Deputy Assessor
Chris Masterson, Town Clerk
FAUSEMelients\W\Wappinger - Town\Tax Certs\Owen\9-7-10 Itr to TB w resolution.wpd
(845) 454-3250
Raina E. Maissel °
(845) 454-4652 fax
W
Justice George D. MarloAppellate Division (Ret.)
Senator Stephen M. Sala
Robert C. Vincent, Jr.
Re: Owen vs. Town of Wappinger
Location: 158 Old Post Road
Our File No.: 27036.5329
Dear Supervisor Colsey and Town Board Members:
Please be advised that the above referenced proceeding is a tax certiorari matter for the tax
year of 2004, 2005, 2006, 2007, 2008, and 2009. We have negotiated a settlement of the above
referenced proceeding by reducing the assessment to $925,000, for all of the years at issue. Since we
have a 100% equalization rate that reflects a fair market value of $925,000 for 2007, 2008 and 2009.
For 2004, 2005, and 2006, the revised assessment reflects an equalization rate of 44.34%, 39.5% and
35% respectively. The Assessor will provide you with a refund analysis for your consideration.
Additionally, refunds will be payable without interest if paid within 60 days.
This property was sold to Adams Fairacre Farms and was reassessed as part of a larger parcel
for 2010.
I enclose herewith a Resolution for your consideration at the September 13, 2010. Town Board
meeting. Your favorable consideration at that time, would be greatly appreciated.
Very truly yours,
SLV/br
Enc.
cc: Christian Harkins, Assessor
Loretta Brunello, Deputy Assessor
Chris Masterson, Town Clerk
FAUSEMelients\W\Wappinger - Town\Tax Certs\Owen\9-7-10 Itr to TB w resolution.wpd