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2011-3392011-339 Resolution Authorizing the Settlement of Tax Certiorari Proceeding Regarding Riverbend at Wappingers Falls, 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 October 24, 2011. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Barbara Gutzler William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilwoman Czrniecki and seconded by Councilman Beale. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2010 by Riverbend at Wappinger Falls, LLC, regarding premises located at Marshall Road, Grid # 6158-19-721014, seeking a reduction in the 2010 tax assessment for the 2010/2011 assessment; and WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the petition requesting a reduction in said tax roll reduction; and WHEREAS, the Town Assessor and Special Counsel have recommend a settlement of 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 year 2010/2011, as it pertains to Grid No.: 6158-19-721014. Original Reduction in Final Tax Year Assessment Assessment Assessment 2010/2011 16,000,000 -0- 16,000,000 BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C. Special Counsel to the Town of Wappinger hereby authorize 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: BARBARA GUTZLER, 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 10/24/2011 The Resolution is hereby duly declared adopted. CHRISTINE FULTON, DEPUTY TOWN CLERK Leonard Klein Arthur L. Gellert John A. Geoghegan Lillian S. Weigert Scott I_Vol kman David R. Wise" Roderick J. MacLeod Bevin S. Harrington Kelly L. Traver" Robert E. Noe Pamela R. Richardson' Elizabeth M. Corrado Gellert & Attorneys at Law Kleiap.c. 75 Washington Street - Poughkeepsie, NY 12601 (845) 454-3250 (845)454-4652 fax Westchester County Office Columbia County Office .3010 Westchester Avenue Suite 302 2210 Route 7 Purchase, NY 10577 Copake, NY 12516 (914) 249-0100 (518) 329-1533 tel/fax (914) 249-0111 fax Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 www.gklaw.us September 30, 2011 Re: Riverbend at Wappingers Falls LLC. Town of Wappinger Grid No.: 6158-19-721014 Our File No.: 27036.9329 Dear Supervisor Gutzler and Town Board Members: Counsel Stephen E. Ehlers S. Nina Gellert Raina E. Ma sselO Justice George D. Marlow Appellate Division (Ret.) Senator Stephen M. Saland Robert C. Vincent, Jr. Joseph H. Gellert (1907-1989) `Also Admitted in CT 'A!so Admitted in NJ 9Also Admitted in England RECEIVE OCT 1.7 2011 TOWN OF WAPPINGER s TOWN CLERK Please be advised that the above referenced proceeding is a Tax Certiorari matter for tax year 2010. This property is owned by Riverbend at Wappingers Falls LLC located on Marshall Road which is improved by 124 units on 21.55 acres. The Petitioner has agreed to discontinue this proceeding in exchange for a reduction agreed to on the 2011 roll. Since there is no reduction in assessment, there is no refund liability. I enclose herewith a resolution for your consideration at the neat available Town Board meeting. SLV/br Enc. cc: Christian Harkins, Assessor Christopher Masterson, Town Clerk Daniel Petigrow, Esq, Joseph McGowan, Esq, Very truly yours, GELLE KLEIN, ..C. BY: OTT L. VOLKMAN FAUSER\clients\W\1A1appinger - Towu\Tax Certs\Riverbend (a; Wappingers Falls\9-30-11 Itr to Town Board w settlement docs.wpd