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2012-069 2012-69 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Myers Property 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 February 13,2012. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers Barbara Gutzler William H. Beale Vincent F. Bettina Michael Kuzmicz ABSENT: Ismay Czarniecki The following Resolution was introduced by Councilman Beale and seconded by Councilman Bettina. WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2009,2010 and 2011 by Myers Property, LLC., regarding Grid No. 6258-02-730572, seeking a reduction in the 2009 through 2011 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 2009 through 2011, as it pertains to Grid No. 6258-02-730572, as follows: Tax Year Original Total Revised Total Reduction Assessment Assessment 2009/2010 $980,000 $700,000 $280,000 2010/2011 $980,000 $675,000 $305,000 2011/2012 $980,000 $650,000 $330,000 : 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: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMA Y CZARNIECKI, COUNCILWOMAN MICHAEL KUZMICZ, COUNCILMAN Voting: Voting: Voting: Voting: Voting: AYE AYE AYE ABSENT AYE Dated: Wappingers Falls, New York 2/13/2012 The Resolution is hereby duly declared adopted. '~/udR- HRISTINE FULTON, TOWN CLERK Leonard Klein Arthur L. Gellert 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.e. ~ Attorneys at Law 75 Washington Street. Poughkeepsie, NY 12601 (845) 454-3250 (845) 454-4652 fax Westchester County Office 3010 Westchester Avenue Suite 302 Purchase, NY 10577 (914) 249-0100 (914) 249-0111 fax Columbia County Office 2210 Route 7 Copake, NY 12516 (518) 329-1533 tel/fax Counsel Stephen E. Ehlers S. Nina Gellert Raina E. Maisselo Justice George D. Marlow Appellate Division (Ret.) Senator Stephen M. Sa land Robert C. Vincent, Jr. Joseph H. Gellert (1907-1989) www.gklaw.us "Also Admitted in CT "'Also Admitted in NJ oAlso Admitted in England February 8,2012 [Rj ~(G~~'W~[Q) Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: FEB 1 02012 TOWN OF WAPPINGER . TOWN CLERK Myers Property, LLC vs. Town ofWappmger Grid No.: 6258-02-730572 Our File No.: 27036.7829 Dear Supervisor Gutzler and Town Board Members: Please be advised that the above referenced proceeding is a Tax Certiorari matter for tax years 2009 through 2011. This property is owned by Myers Property LLC, regarding Grid No. 6258-02- 730572. It is a gas station and mini mart located at 223 Myers Comers Road and DeGarmo Hills Road. There are two other related proceedings, one is Route 376 Property LLC and Route 55 Properties LLC involving parcels owned by the same principal and we have looked to achieve a global resolution. We have negotiated a settlement of the above-referenced proceeding by reducing assessments from $980,000 to $700,000 in 2009; from $980,000 to $675,000 in 2010 and from $980,000 to $650,000 in 2011. Since we have 100% equalization rate the settlement figures reflect fair market value. The Assessor will provide you with recommendations and a refund analysis for your consideration. Additionally, refunds that are paid within 90 days of service of the final Order, are interest free. I enclose herewith a resolution for your consideration at the next available Town Board meeting. Your favorable consideration at that time would be greatly appreciated. SL V /br Ene. cc: Christian Harkins, Assessor Christine Fulton, Town Clerk Daniel Petigrow, Esq. F:\USER\clients\W\Wappinger - Town\Tax Certs\Myers Property LLC\12-29-11Itr to TB re settlement.wpd