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2010-2692010-269 Resolution Authorizing the Settlement of Tax Certiorari Regarding Chelsea Farms, LLC 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 2008, 2009 and 2010 by Chelsea Farms, LLC, regarding Grid Nos. 6056-01-138527, located at 59 Chelsea Road, and 6056-01-190688, located at River Rd. North, in the Town of Wappinger, commonly known as Chelsea Farms, LLC, seeking a reduction in the 2008, 2009 and 2010 tax assessment for those respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel recommend 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 tax review proceeding for the years 2008, 2009 and 2010, as it pertains to Grid Nos.6056-01-138527 and 6056-01-190688, as follows: Grid No.: Nos.6056-01-138527 Tax Year Original Total Assessment Revised Total Assessment Reduction 2008 1,382,000 867,000 515,000 2009 1,382,000 867,000 515,000 2010 1,382,000 867,000 515,000 Grid No.: 6056-01-190688 Tax Year Original Total Assessment Revised Total Assessment Reduction 2008 1,324,500 712,555 611,945 2009 1,324,500 712,555 611,945 2010 1,324,500 712,555 611,945 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. J HN ASTERSON, TOWN CLERK Gellert & Klein, P.c Leonard Klein Attorneys at Law Counsel Arthur L. G Gellert Stephen E. Ehlers 75 Washington Street •Poughkeepsie, NY 12601 S. Nina Gellert John A. Ge Geoghegan (845) 454-3250 Raina E. Maissel ° Lillian S. W Weigert Scott L. Vol kman (845) 454-4652 fax Justice George D. Marlow David R. W Wise* Appellate Division (Ret.) Senator Stephen M. Saland Roderick J. MacLeod Robert C. Vincent, Jr. Bevin S. H Harrington Kelly L. Traver * Westchester County Office Columbia County Office Robert E. N Noe 3010 Westchester Avenue Suite 302 2210 Route 7 Joseph H. Gellert Pamela B. Elizabeth (1907 1989) *Also Admitted in CT Also Admitted in NJ °Also Admitted in England Purchase, NY 10577 Co ake, NY 12516 Richardson • (914) 249-0100 (518) 329-1533 tel/fax M. Corrado (914) 249-0111 fax www.gklaw.us September 7, 2010 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: Chelsea Farms, LLC. vs. Town of Wappinger Our File No.: 27036.2929 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 2008, 2009 and 2010. There are two parcels of vacant land located at 59 Chelsea Road and River Road. The Assessor has negotiated a settlement of the above referenced proceeding by reducing the assessment from $1,382,000 to $867,000 on 59 Chelsea Road and reducing the assessment from $1,324,500 to $712,555 on River Road. Since we have a 100% equalization rate that reflects fair market value. The Assessor will provide you with a recommendation and a refund 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 favorable consideration at that time, would be greatly appreciated. Very truly yours, GEL & KLEIN, P.C. BY: SCOTT L. V LKMAN SLV/br Enc. cc: Christian Harkins, Assessor Loretta Brunello, Deputy Assessor Chris Masterson, Town Clerk FAUSER\clients\W\Wappinger - Town\Tax Certs\Chelsea Fanns\9-7-10 ltr to TB w resolution.wpd