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2012-070 2012-70 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Route 55 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 Bettina and seconded by Councilman Beale. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2009,2010 and 2011 by Route 55 Property, LLC, regarding premises located at Route 376 , Grid # 6259-02-554893 seeking a reduction in the 2009,2010 and 2011 tax assessment for the 2009/2010, 2010/2011 and 2011/2012 assessments; 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 recommended a settlement of this tax review proceeding; NOW THEREFORE BE IT RESOL YED, that the Town Board ofthe Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger ofthe tax review proceeding for the years 2009/2010, 2010/2011 and 2011/2012, as it pertains to Grid No.: 6259- 02-554893. Original Reduction in Final Tax Year Assessment Assessment Assessment 2009/2010 $63,400 -0- $63,400 2010/2011 $63,400 -0- $63,400 2011/2012 $63,400 -0- $63,400 ;and 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 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. C~pdL~ CHRISTINE FUL N, 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 fila 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) 249-01 1 1 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. Saland Robert C. Vincent, Jr. Joseph H. Gellert (1907-1989) www.gklaw.us I I FEB 1 0 2012 ! TOWN OF WAPPINGEf:< TOWN CLERK *Also Admitted in CT "',\[Jo ,~,eJFl.iliteQ ir;t ~ll f?d~~~~and February 8,2012 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: Route 55 Property, LLC vs. Town of Wappinger Grid No.: 6259-02-554893 Our File No.: 27036.7429 Dear Supervisor Gutzler and Town Board Members: Please be advised that the above referenced proceeding is a Tax Certiorari matter for tax years 2009/2010, 2010/2011 and 2011/2012. This property is owned by Route 55 Property, LLC regarding Grid No. 6259-02-554893. We have negotiated a settlement of the above-referenced proceedings. The Petitioner will be withdrawing the 2009/2010, 2010/2011 and 2011/2012 Petitions. 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. Very truly yours, SL V /br Ene. cc: ...... Christian Harkins, Assessor Christine Fulton, Town Clerk Daniel Petigrow, Esq. F:\USER\clients\W\Wappinger - Town\Tax Certs\Rt 55 Propoerty LLC\12-28-11Itr to Town Board w settlement docs.wpd