Loading...
2010-3502010-350 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Imperial Gardens, 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 November 18, 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 Beale and seconded by Councilwoman Czarniecki. WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2003, 2004, 2005, 2006, 2008, 2009 and 2010 by Imperial Gardens, LLC, regarding premises located at Imperial Boulevard, Grid #s 6158-20-751120, 6158-19- 722118, and 6158-19-689109 seeking a reduction in the 2003 through 2010 tax assessments for the tax rolls; and WHEREAS, the Town Assessor and Special Counsel have 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 2003 through 2010, as it pertains to Grid Nos.: 6158-20-751120, 6158- 19-722118, and 6158-19-689109: Tax Original Total Assessment Revised Total Assessment Reduction 2003/2004 3,375,000 3.375,000 -0- 2004/2005 3,375,000 3,375,000 -0- 2005/2006 3,375,000 3,375,000 -0- 2006/2007 3,375,000 3,375,000 -0- 2008/2009 16,600,000 14,000,000 2,600,000 2009/2010 1 16,600,000 1 14,000,000 2,600,000 2010/2011 1 16,600,000 1 10,000,000 16,600,000 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 11/18/2010 The Resolution is hereby duly declared adopted. &Ct�� OHN C. MASTERSON, TOWN CLERK Gellert & Klein, P.C. Leonard Klein Attorneys at Law Counsel 75 Washington Street • Poughkeepsie, NY 12601 (845) 454-3250 (845) 454-4652 fax Westchester County Office Columbia County Office 3010 Westchester Avenue Suite 302 2210 Route 7 Purchase, NY 10577 Copake, NY 12516 (914) 249-0100 (518) 329-1533 tel/fax (914) 249-0111 fax www.gklaw.us November 9, 2010 Arthur L. Gellert S. Nina Gellert Stephen E. Ehlers John A. Geoghegan Raina E. Maissel ° Justice George D. Marlow Lillian S. Weigert Appellate Division (Ret.) Scott L. Volkman Senator Stephen M. Saland David R. Wise' Robert C. Vincent, Jr. Roderick J. MacLeod Bevin S. Harrington Kelly L. Traver Joseph H. Gellert Robert E. Noe (1907-1989) Pamela B. Richardson • Elizabeth M. Corrado *Also Admitted in CT •Also Admitted in NJ *Also Admitted in England Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: Imperial Gardens, LLC vs. Town of Wappinger Our File No.: 27036.4829 Dear Supervisor Colsey and Town Board Members: Please be advised that the above referenced proceeding is a tax certiorari matter for the assessment years of 2003, 2004, 2005, 2006, 2008, 2009 and 2010. There are three (3) parcels of land located at Imperial Boulevard that comprise Imperial Gardens Apartments. The Assessor has negotiated a settlement of the above referenced proceeding by reducing the assessment from $16,600,000 to $14,000,000 for 2008 and 2009 and reducing the assessment from $16,600,000 to $10,000,000 for 2010. 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. Importantly, there are no reductions for 2003, 2004, 2005 and 2006. I enclose herewith a Resolution for your consideration at the November 18, 2010. Town Board meeting. Your favorable consideration at that time, would be greatly appreciated. Very truly , GELL & KLE C. BY: 1 S OTT L. V LKMAN SLV/br Enc. cc: Christian Harkins, Assessor Chris Masterson, Town Clerk FAUSER\clients\W\Wappinger - Town\Tax Certs\FORMS\I 1-2010 tr to TBW resolution FORM 2010.wpd