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2010-3512010-351 Resolution Authorizing the Settlement of Tax Certiorari Proceeding Regarding 228 Myers Corners, 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 Czamiecki Joseph P. Paoloni The following Resolution was introduced by Supervisor Colsey and seconded by Councilman Paoloni. WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2004, 2005, 2006, 2007, 2008, 2009 and 2010 by 228 Myers Corners, LLC, regarding premises located at 228 Myers Corners Road, Grid No.: 6259-02- 702520, seeking a reduction in the 2004, 2005, 2006, 2007, 2008, 2009 and 2010 tax assessment for the applicable tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement in this tax review proceeding; 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, as it pertains to Grid No.:6259-02- 702520. Original Reduction in Final Year Assessment Assessment Assessment 2004/2005 600,000 -0- 600,000 2005/2006 600,000 -0- 600,000 2006/2007 600,000 75,000 525,000 2007/2008 2,100,000 950,000 1,150,000 2008/2009 2,100,000 950,000 1,150,000 2009/2010 2,100,000 950,000 1,150,000 2010/2011 2,100,000 950,000 1,150,000 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. +HN. MASTERSON, TOWN CLERK . 0 Gellert & Klein, P.c. Leonard KleinCounsel ;n Attorneys at Law Arthur L. Gellert Stephen E. Ehlers 75 Washington Street •Poughkeepsie, NY 12601 S. Nina Gellert ° Geoghegan John A. Ge (845) 454-3250 Ra ina E. Maissel Justice George D. Marlow Ju Weigert Lillian S. We S. (845) 454-4652 fax Appellate Division (Ret.) Scott L.Volkman ofWise*Senator Stephen M. Saland David Roderick J. MacLeod Robert C. Vincent, Jr. Harrington Bevin S. Ha Westchester County Office Columbia County Office er * Kelly L. Traver 3010 Westchester Avenue Suite 302 2210 Route 7 Joseph H. Gellert Noe Robert E. N Purchase, NY 10577 Copake, NY 12516 (1 907-1989) Richardson • Pamela B. R (914) 249-0100 (518) 329-1533 tel/fax M. Corrado Elizabeth M (914) 249-0111 fax Iso Admitted in CT www.gklaw.us $U��SO�' dmitted in NJ � so Admitted in England November 12, 2010 NOV 1 � 2010 Town Board R�C�IV� Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: 228 Myers Corners, LLC vs. Town of Wappinger Our File No.: 27036.1129 Dear Supervisor Colsey and Town Board Members: Please be advised that the above referenced proceeding is a tax certiorari matter for the years of 2004, 2005, 2006, 2007, 2008, 2009 and 2010. There is one parcel of land located at 228 Myers Corners Road. The Assessor has negotiated a settlement of the above referenced proceeding by reducing the assessment from $600,000 to $525,000 ($1,500,000 FMV) for 2006 and reducing the assessment from $2,100,000 to $1,150,000 for 2007 through 2010. Since we have a 100% equalization rate that reflects fair market value. There are no reductions for 2004 and 2005. 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 November 18, 2010. Town Board meeting. Your favorable consideration at that time, would be greatly appreciated. Very truly yours, SLV/br Enc. cc: Christian Harkins, Assessor Chris Masterson, Town Clerk FAUSER\clients\W\Wappinger - Town\Tax Certs\228 Myers Comers\11-2010 tr to TB w resolution.wpd