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2012-073 2012-73 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Dutchess Gardens Realty, 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 Czamiecki The following Resolution was introduced by Councilman Bettina and seconded by Councilman Kuzmicz. WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2010 and 2011 by Dutchess Gardens Realty, LLC., regarding Grid No. 6158-19-559223, seeking a reduction in the 2010 and 2011 tax assessment for those respective tax years; and WHEREAS, the Town Assessor and Special Counsel have recommend 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 fi h 2010 d 2011' . G 'd N 6158 19 559223 fi 11 proceeding or t e years an , as It pertams to n o. - - , as o ows: Tax Year Original Total Revised Total Reduction Assessment Assessment 2010/11 $5,500,000 $4,300,000 $1,200,000 2011/12 $5,500,000 $4,300,000 $1,200,000 ; 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. t~~ CHRISTINE 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 PIta Gellert & Klein, P.e. t.IiIII 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 t 'L 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 lR1 ~CG~~.~~ ~j oAlso Admitted in Engla d FEB 1 i'r-'1 -...; f.lJt\o, February 8,2012 TOWN OF WAPPINGER TOWN CLERK Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: Dutchess Gardens Realty LLC vs. Town of Wappinger Grid No.: 6158-19-559223 Our File No.: 27036.9229 Dear Supervisor Gutzler and Town Board Members: Please be advised that the above referenced proceeding is a tax certiorari matter for tax years 2010 and 2011. This property is owned by Dutchess Gardens Realty, LLC regarding Grid No. 6158-19- 559223. The property is improved by a 28,808 sq. ft. strip mall, which is anchored by Dunkin Donuts and is located at the intersection of Route 9 and New Hackensack Road. We have negotiated a settlement of the above-referenced proceedings by reducing assessments from $5,500,000 to $4,300,000 in 2010; for both outstanding years. This property was a subject of a fire, which has yet to be restored, on or about May 30, 2011. That would impact the valuation date of July 1,2011 for the 2012 assessment roll. Therefore, in anticipation of that we have also agreed to reduce the 2012 assessment to $3,900,000. 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 from the date of the filing 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 Ibr Ene. KL~}.C. ~" .J F:\USER\clients\W\Wappinger - Town\Tax Certs\Dutchess Gardens Realty\2-7-121tr to Town Board w settlement docs.wpd PlftI Gellert & Klein, P.e. ~ Attorneys at Law -2- cc: Christian Harkins, Assessor Christine Fulton, Town Clerk Daniel Petigrow, Esq. Joseph McGowan, Esq. F:\USER\c1ients\W\Wappinger _ Town\Tax Certs\Dutchess Gardens Realty\2-7-12Itr to Town Board w settlement docs.wpd