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2012-072 2012-72 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Home Depot USA #1207 HD Development of MD, 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 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 tax certiorari proceedings commenced in 2008,2009,2010 and 2011 by Home Depot USA, Inc. #1207/HD Development of MD, Inc., regarding Grid No. 6158-19-623204-0000, seeking a reduction in the 2008 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 2008 through 2011, as it pertains to Grid No. 6158-19-623204-0000, as follows: Tax Year Original Total Revised Total Reduction Assessment Assessment 2008 $14,000,000 $13,451,900 $548,100 2009 $14,000,000 Withdraw -0- 2010 $14,000,000 $12,417,100 $1,582,900 2011 $14,000,000 $11,382,400 $2,216,600 ;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 Dated: Wappingers Falls, New York 2/13/2012 Voting: Voting: Voting: Voting: Voting: AYE AYE AYE ABSENT AYE The Resolution is hereby duly declared adopted. '~JL-/{R- . RISTINE 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) 249-01 1 1 fax Columbia County Office 2210 Route 7 (opake, 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 February 8,2012 *Also Admitted in CT .Also Admitted in NJ __~Iso.~d~i~~d in England '--""-""-'- Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 fR1~CG~aw~[Q) Re: Home Depot. vs. Town of Wappinger I Grid No.: 6158-19-623204-0000 Our File No.: 27036.5029 FEB 1 0 2812 TOWN OF WAPPINGER TOWN CLERK -~""."---""-'-''''- -,.. ~_. _...-. Dear Supervisor Gutzler and Town Board Members: Please be advised that the above referenced proceeding is a tax certiorari matter for tax years 2008 through 2011. This property is owned by Home Depot USA, Inc. #1207/HD Development ofMD, Inc., regarding Grid No. 6158-19-623204-0000. The property is assessed for all years at issue for $14,000,000. The size of the property was in debate. Parcel Access had the property at 110,742 sq. ft. Home Depot maintained it was 102,300 sq. ft. After further review by the Assessor, we agreed that the property is actually103,476 sq. ft. We have negotiated a settlement ofthe above-referenced proceedings by reducing assessments from $14,000,000 to $13,451,900 in 2008; 2009 will be withdrawn so the assessment will remain at $14,000,000; the 2010 assessment will be reduced to $12,417,100 and the 2011 assessment will be reduced to $11,382,400. Since we have a 100% equalization rate the settlement figures reflect fair market value. The Assessor will provide you with a recommendation and a refund analysis for your consideration. Additionally, refunds that are paid within 90 days from 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. Very truly yours, SL V /br Ene. cc: -' Christian Harkins, Assessor Christine Fulton, Town Clerk F:\USER\c1ients\W\Wappinger - Town\Tax Certs\Home Depot\II-28-11Itr to Town Board w settlement docs.wpd PIIII Gellert & Klein, P.e. ~ Attorneys at Law -2- Daniel Petigrow, Esq. Joseph McGowan, Esq. F:\USER\clients\W\Wappinger - Town\Tax Certs\Home Depot\11-28-111tr to Town Board w settlement docs.wpd