2010-3532010-353
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Chelsea
Yacht Club
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 2007, 2008, 2009 and 2010 by Chelsea Yacht Club, regarding Grid
Nos. 5956-12-947632, 5956-12-953650; 5956-12-949637; 5956-12-945626; and 5956-12-
938659, located at 9, 15, 17, 19, and 22 Front Street, seeking a reduction in the 2007 through
2010 tax assessment for those respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommended 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. 5956-12-947632, 5956-
12-953650: 5956-12-949637; 5956-12-945626; and 5956-12-938659, as follows:
Year
Original Total
Assessment
Revised Total
Assessment
Reduction
2007/2008
1,937,600
1,937,600
-0-
2008/2009
1,937,600
1,937,600
-0-
2009/2410
1,937,600
1,650,000
287,600
2010/2011
1,937,600
1,450,000
487,600
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 C. MASTERSON, TOWN CLERK
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Gellert & Klein, P.c.
Leonard Klein Attorneys at Law Counsel
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Ehlers 75 Washington Street • Poughkeepsie, NY 12601
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We (845) 454-4652 fax
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MacLeod
rrington Westchester County Office Columbia County Office
ver' 3010 Westchester Avenue Suite 302 2210 Route 7
oe Purchase, NY 10577 Copake, NY 12516
ichardson • (914) 249-0100 (518) 329-1533 tel/fax
M. Corrado (914) 249-0111 fax
www.gklaw.us
November 12, 2010 Supervisor "LA
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Arthur L. G
Stephen E.
S. Nina Gellert
John A. Ge
Raina E. Maissel°
Justice George D. Marlow
Lillian S. W
Division (Ret.)
Volpellate
Scott L.ool f
Senator Stephen M. Saland
David
Roderick J.
Robert C. Vincent, Jr.
Bevin S. Ha
Kelly L. Tra
Joseph H. Gellert
Robert E. N
(1907-1989)
Pamela B. R
Elizabeth
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Town of Wappinger ReGe1Ve� j
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Chelsea Yacht Club 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 2007, 2008, 2009 and 2010. The Chelsea Yacht Club has five parcels of land located
at 9 Front Street, 15 Front Street, 17 Front Street, 19 Front Street, and 22 Front Street. The total
appraisal amount was $1,937, 600.00. The Assessor has negotiated a settlement of the above
referenced proceeding by reducing the assessment from $1,937,600 to $1,650,000 for 2009 and
reducing the assessment from $1,937,600 to $1,450,000 for 2010 on Front Street. Since we have
a 100% equalization rate that reflects fair market value. There are no reductions for 2007 and
2008. 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,
GELLE KLE P. .
BY:
SCOTT L. VOLKMAN
SLV/br
Enc.
cc: Christian Harkins, Assessor
Chris Masterson, Town Clerk
FAUSER\clients\W\Wappinger - Town\Tax Certs\Chelsea Yacht Club\11-2010 tr to TB w resolution.wpd