2011-0612011-61
Resolution Authorizing Settlement of Tax Certiorari Proceeding Regarding Verizon New
York, Inc
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 Czamiecki
Joseph P. Paoloni
The following Resolution was introduced by Councilwoman Czarniecki and seconded by
Councilman Beale.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2006, 2009 and 2010 by Verizon New York, Inc, regarding outside
plant property (poles, cable, conduit) for 2006 and regarding commercial property located at
2620 South Avenue in the Village of Wappingers Falls for 2009 and 2010, seeking a reduction in
the 2006, 2009 and 2010 tax assessment for those respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of
those 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
proceedings for the years 2006, 2009 and 2010, as follows:
1,.;A T.T„ • 0000-m-00n0n0_00M XN
Assessment Year
Original Total
Assessment
Revised Total
Assessment
Reduction
2006
303,339
303,339
-0-
rr;A XT„ • QOQQ-m-0000()()-()fln? VN
viau lay..
Assessment Year
Original Total
Revised Total
Reduction
112,551 112,551
Assessment
Assessment
2006
771,387
771,387
-0-
Grid No • 9999-25-000000-0000 ZH
Assessment Year
Original Total Revised Total
Assessment Assessment
Reduction
2006
112,551 112,551
-0-
Grid No.: 6158-18-358182-0000 - 10 South Avenue a/k/a 2620 South Avenue
Assessment Year I Original Total Revised Total I Reduction
Assessment Assessment
2009 850,000 850,000 -0-
G 'd N 6158-18-358182-0000 - 1U South Avenue aixia zbzu aou1 Avenue
I o..
Assessment Year
Original Total
Revised Total
Reduction
Voting:
Assessment
Assessment
Voting:
2010
850,000
850,000
-0-
r�-�ialml mj�un-
viiu iv.. vi.iv
Assessment Year
Original Total
Revised Total
Reduction
Voting:
Assessment
Assessment
Voting:
2011
850,000
640,000
210,000
and
BE IT FUTHER 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:
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
2/14/2011
The Resolution is hereby duly declared adopted.
HN 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
Gellert & Klein,P.C.
Attorneys at Law Counsel
75 Washington Street •Poughkeepsie, NY 12601 S. Nina Gellert
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.gklaW.us 'Also Admitted in NJ
February 9, 2011 °Also Admitted in England
(845) 454-3250 Raina E. Maissel °
(845) 454-4652 fax Justice George D. MarloAppellate Division (Ret.)
Senator Stephen M. Sala
W
nd
Robert C. Vincent, Jr.
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Verizon New York, Inc. vs. Town of Wappinger
Grid No.: 9999-02-000000-0001 XH;
9999-02-000000-0002 YH; 9999-25-000000-0000 ZH; and
6158-18-358182-0000
Index No.: 2006-3485; 2009- 5194; 2010-5256
Our File No.: 27036.1829
Dear Supervisor Colsey and Town Board Members:
The premises involving the above referenced proceeding for 2009 and 2010 is located at 2620
South Avenue a/k/a 10 South Avenue, in the Village of Wappingers Falls. That is the 10,000 sq. ft.
building only. We have reached an agreement for a future reduction for the 2011 assessment roll and
a discontinuance with no reduction or refund for the years 2009 and 2010. The 2011 assessment will
be reduced from $850,000 to $640,000, a reduction of $210,000. The 2006 proceeding regarding
outside plant property (poles, cable, conduit) also sought substantial reductions. That year is being
discontinued as well, with no reduction and therefore, no refund. It is my recommendation, along
with the Assessor, that the Board favorably consider this settlement.
If you have any questions in the meantime, please do not hesitate to contact my office.
Very truly yours,
GELL T KLE , P.C.
BY:
SLV/br COTT L. VOLKMAN
Enc.
cc: Christian Harkins, Assessor
Chris Masterson, Town Clerk
Re: Verizon New York, Inc. vs. Town of Wappinger
Grid No.: 9999-02-000000-0001 XH;
9999-02-000000-0002 YH; 9999-25-000000-0000 ZH; and
6158-18-358182-0000
Index No.: 2006-3485; 2009- 5194; 2010-5256
Our File No.: 27036.1829
Dear Supervisor Colsey and Town Board Members:
The premises involving the above referenced proceeding for 2009 and 2010 is located at 2620
South Avenue a/k/a 10 South Avenue, in the Village of Wappingers Falls. That is the 10,000 sq. ft.
building only. We have reached an agreement for a future reduction for the 2011 assessment roll and
a discontinuance with no reduction or refund for the years 2009 and 2010. The 2011 assessment will
be reduced from $850,000 to $640,000, a reduction of $210,000. The 2006 proceeding regarding
outside plant property (poles, cable, conduit) also sought substantial reductions. That year is being
discontinued as well, with no reduction and therefore, no refund. It is my recommendation, along
with the Assessor, that the Board favorably consider this settlement.
If you have any questions in the meantime, please do not hesitate to contact my office.
Very truly yours,
GELL T KLE , P.C.
BY:
SLV/br COTT L. VOLKMAN
Enc.
cc: Christian Harkins, Assessor
Chris Masterson, Town Clerk