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2011-0602011-60 Resolution Authorizing Settlement of Tax Certiorari Proceeding Regarding Robert C. Bloech, Jr. Property 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 February 14, 2011. 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 proceeding commenced in 2008, 2009 and 2010 by Robert C. Bloech, Jr., regarding residential property located at 7 Montfort Road, regarding Grid No. 6358-01-182513, 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 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 2008, 2009 and 2010, as it pertains to Grid No.: 6358-01-182513, as follows: Assessment Year Original Total Assessment Revised Total Assessment Reduction 2008 $716,000 $450,000 $266,000 2009 $716,000 $450,000 $266,000 2010 $700,200 $450,000 $250,200 ; 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: ABSTAIN WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: ABSTAIN Dated: Wappingers Falls, New York 2/14/2011 The Resolution is hereby duly declared adopted. (�' U JfAUHN C. MASTERSON, TOWN CLERK Gellert & Klein,P.C. Attorneys at Law 75 `sdashington Street •Poughkeepsie, NY 1 �o0i (845) 454-3250 (845) 454-4652 fax West�l-:�=ster County Office Columbia Coun^,� Office 3010 We°a .. pester Avenue Suite 302 2210 Rc�,r._ P ;r base, NY 10577 Copake, NY ':i16 14) 2490100 (518) 329-153.:1 r,:�l/fax =1249-0111 fax www.gklaw.us February 7, 2011 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: Bloech vs. Town of Wappinger Our File No.: 27036.6029 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 2008, 2009 and 2010. This is a private residence under construction located at 7 Montfort Road, Wappinger. New York, Grid No.: 6358-01-182513. The Assessor has negotiated a settlement of the above referenced proceeding by reducing the assessment from $716,000 to $450,000 for 2008 and 2009 and reducing the assessment from $700,200 to $450,000 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. I enclose herewith a Resolution for your consideration at the February 14, 2011, Town Board meeting. Your favorable consideration at that time, would be greatly appreciated. Very truly yours, GEL��, • BY - SCOTT• SLV/br Enc. cc: Christian Harkins, Assessor Chris Masterson, Town Clerk FAUSER\clients\W\Wappinger - Town\Tax Certs0oech\24-11 Ur to TB w resolution.wpd Counsel Leonard k:!ein Arthur L :Alert S. Nina Gellert Stephen t. Ehlers Raina E. Maissel0 John A. Cie )ghegan Justice George D Marlow Lillian S ':w:'igert Appellate Divls�on (Ret.) Scott L.'Volkman Senator Stephen ivt. Saland David R `. e* Robert C. Vincent, . Roderic'« J MacLeod Bevin S. H:-rington Kelly L. Ti Iver * Joseph H. Gellert Robert Joe (1907-1989) Pamela ? F ichardson • Elizabeth ; `,. Corrado *Also Admitted in CT •Also Admitted in NI °Also Admitted in E-�gi ind Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: Bloech vs. Town of Wappinger Our File No.: 27036.6029 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 2008, 2009 and 2010. This is a private residence under construction located at 7 Montfort Road, Wappinger. New York, Grid No.: 6358-01-182513. The Assessor has negotiated a settlement of the above referenced proceeding by reducing the assessment from $716,000 to $450,000 for 2008 and 2009 and reducing the assessment from $700,200 to $450,000 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. I enclose herewith a Resolution for your consideration at the February 14, 2011, Town Board meeting. Your favorable consideration at that time, would be greatly appreciated. Very truly yours, GEL��, • BY - SCOTT• SLV/br Enc. cc: Christian Harkins, Assessor Chris Masterson, Town Clerk FAUSER\clients\W\Wappinger - Town\Tax Certs0oech\24-11 Ur to TB w resolution.wpd