2010-3522010-352
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding AVR
Wappingers, 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 Bettina and seconded by
Councilman Beale.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2007, 2008, 2009 and 2010 by AVR Wappingers, LLC, regarding
Grid Nos. 6157-04-720225 and 6157-04-743178, seeking a reduction in the 2007 through 2010
tax assessment for those respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommend a settlement on
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 2007 through 2010, as it pertains to Grid Nos. 6157-04-720225, as
follows:
Year
Original Total
Assessment
Revised Total
Assessment
Reduction
2007/2008
206,000
-0-
-0-
2008/2009
206,000
-0-
-0-
2009/2010
206,000
-0-
-0-
2010/2011
206,000
90,600
1 115,400
Grid No.: 6157-04-743178
Year
Original Total
Assessment
Revised Total
Assessment
Reduction
2007/2008
653,400
-0-
-0-
2008/2009
653,400
-0-
-0-
2009/2010
653,400
-0-
-0-
2010/2011 1653,400 1388,400 1265,000
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.
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JOHN -C.- MASTERSON, 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
Town Board
Town of Wappinger
20 Middlebush Road
Gellert &
Attorneys at Law
Kleiap.c.
75 Washington Street • Poughkeepsie, NY 12601
(845) 454-3250
(845) 454-4652 fax
Counsel
S. Nina Gellert
Raina E. Maissel°
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)
(914) 249-0100
(518) 329-1533 tel/fax
(914) 249-0111 fax
*Also Admitted in CT
wWW.gkiaW.us QIfte Also Admitted in NJ
Supervisor *Also Admitted in England
November 12, 2010
NOV 15 2010
Received
Wappingers Falls, NY 12590
Re: AVR Wappingers, 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
tax years of 2007, 2008, 2009 and 2010. There are two parcels of vacant land located at
MacFarlane Road. The Assessor has negotiated a settlement of the above referenced proceeding
by reducing the assessment from $206,000 to $113,504 on a 9.06 acre parcel and reducing the
assessment from $653,400 to $360,496 on a 38.84 acre parcel. Since we have a 100%
equalization rate that reflects fair market value. There are no reductions for 2007, 2008 and
2009. 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
F:\USER\clients\W\Wappinger - Town\Tax Certs\AVR Wappingers LLCU 1-2010 tr to TB w resolution.wpd