2012-071
2012-71
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Route
376 Properties, 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 Kuzmicz.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceeding commenced in 2009, 2010 and 2011 by Route 376 PROPERTIES, LLC., regarding
Grid Nos. 6265-02-515820 and 6265-02-524833, seeking a reduction in the 2009 through 2011
tax assessment for the 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
proceedings for the years 2009 through 2011, as it pertains to Grid No. 6265-02-515820, as
follows:
Tax Year Original Total Revised Total Reduction
Assessment Assessment
2009/2010 $780,000 $650,000 $130,000
2010/2011 $780,000 $625,000 $155,000
2011/2012 $780,000 $600,000 $180,000
Grid No.: 6265-02-524833
Tax YearOriginal
Total
AssessmentRevised
Total Assessment
Reduction
2009/2010 $275,000 $275,000 $-0-
2010/2011 $275,000 $275,000 $-0-
12011/2012
I $275,000
I $275,000
I $-0-
: 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, COUNCIL WOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
ABSENT
AYE
Dated: Wappingers Falls, New York
2/1312012
The Resolution is hereby duly declared adopted.
c,~
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 A
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
February 8, 2012
"Also Admitted in CT
AAlso Admitted in NJ
oAlso Admitted in England
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
[Ri~(C~~~~iU'
FEB 1 0 2012
Re: Route 376 Properties, LLC vs. 'J1l'eWNN@J1PiWtAPPINGEf-.
Grid Nos.: 6259-02-515820; 6 59-02f~ CLERK
Our File No.: 27036.7729 . d._
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. These parcels are owned by Route 376 Properties, LLC, and include Grid Nos. 6259-
02-515820 (a 5100 sq. ft. commercial/retail space located at 1821 Route 376) and 6259-02-524833 (a
1568 sq. ft. Gulf gas station located at 1831 Route 376). We have negotiated a settlement for Grid No.:
6259-02-515820 by reducing assessments from $780,000 to $650,000 in 2009; from $780,000 to $625,000
in 2010 and from $780,000 to $600,000 in 2011. The claim for Tax Grid No.: 6259-02-524833 for the
years 2009,2010 and 2011 will be withdrawn, so the assessment will remain at $275,000 for each year.
Since we have 100% equalization rate the settlement figures reflect fair market value. The
Assessor will provide you with a recommendation of a refund analysis for your consideration.
Additionally, refunds that are paid within 90 days of service ofthe 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 Ibr
Ene.
cc:
~~~
Christian Harkins, Assessor
Christine Fulton, Town Clerk
Daniel Petigrow, Esq.
F:\USER\clients\W\Wappinger - Town\Tax Certs\Rt 376 LLC\12-28-111tr to Town Board w settlement docs.wpd