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2012-074 2012-74 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Eckerd Corporation/Rite Aid Corporation 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 proceedings commenced in 2002,2003,2004,2005,2006,2007,2008,2009,2010 and 2011 by Eckerd Corporation/Rite Aid Corporation, regarding Grid Nos. 6158-15-538272 and 6158-04- 542293, seeking a reduction in the 2002 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 ofthe Town of Wappinger hereby approves a settlement on behalf ofthe Town of Wappinger ofthe tax review proceeding for the years 2002 through 2011, as it pertains to Grid Nos. 6158-15-538272 and 6158-04-542293, as follows: Grid No. 6158-15-538272 Tax Year Original Total Revised Total Reduction Assessment Assessment 2002/2003 $87,500 $87,500 -0- 2003/2004 $87,500 $87,500 -0- 2004/2005 $87,500 $87,500 -0- 2005/2006 $87,500 $87,500 -0- 2006/2007 $87,500 $87,500 -0- 2007/2008 $350,000 $350,000 -0- 2008/2009 $350,000 $350,000 -0- 2009/2010 $350,000 $350,000 -0- 2010/2011 $350,000 $300,000 $50,000 2011/2012 $350,000 $300,000 $50,000 Grid No. 6158-04-542293 Tax Year Original Total Revised Total Reduction Assessment Assessment 2002/2003 $1,006,800 $1,006,800 -0- 2003/2004 $1,006,800 $1,006,800 -0- 2004/2005 $1,006,800 $1,006,800 -0- 2005/2006 $1,006,800 $1,006,800 -0- 2006/2007 $1,006,800 $1,006,800 -0- 200712008 $3,600,000 $2,250,000 $1,350,000 2008/2009 $3,600,000 $2,250,000 $1,350,000 2009/2010 $3,600,000 $1,950,000 $1,650,000 2010/2011 $3,600,000 $2,000,000 $1,600,000 2011/2012 $3,600,000 $2,000,000 $1,600,000 : 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, COUNCIL WOMAN 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. ,~~. HRISTINE FUL , 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 301 0 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. Saland Robert C. Vincent, Jr. Joseph H. Gellert (1907-1989) www.gklaw.us "I>U in (T f5) rc:::;' ~ rc:::;' n\\ n~dmitte( in NJ lfl) U;; ~ U;; U V!J ~dmitte( in England February 8,2012 FEB 1 U 2::2 TOWN OF WAPPINGER TOWN CLERK Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: Eckerd Corp.\Rite Aid Corp. vs. Town of Wappinger Grid Nos.: 6158-15-538272 and 6158-04-542293 Our File No.: 27036.1729 Dear Supervisor Gutzler and Town Board Members: Please be advised that the above referenced proceeding is a Tax Certiorari matter for tax years 2002 through 20 II. This property is owned by Eckerd Corporation/Rite Aid Corporation, regarding Grid Nos. 6158-15-538272 and 6158-04-542293. The first parcel is located in the Town that includes the building and improvements. The second small parcel is located in the Village and includes just a portion of the parking lot. The property is located at the intersection of Route 9 and New Hackensack Road. We have agreed to a settlement which would include the discontinuance without any reductions for the years 2002, 2003, 2004, 2005 and 2006, with all of those years being pre-revaluation years. Commencing in 2007 and to date the total assessment of both parcels has been $3,950,000. We have agreed to reductions commencing in 2007 from $3,950,000 to $2,600,000 for 2007 and 2008. The total assessments will be reduced to $2,300,000 for 2009,2010 and 2011. We have also agreed to a reduction for 2012 for $2,000,000 and 2013 and 2014 at $1,850,000. This settlement is being recommended by the Assessor and by our appraiser consultant, Don McGrath. 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 of the final Order, are interest free. F:\USER\clients\W\Wappinger - Town\Tax Certs\Eckerd Corp\2-8-12 Itr to TB w Resolution.wpd PII7J Gellert & Klein. P.c. ~ Attorneys at Law -2- 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. :0 ~ cc: Christian Harkins, Assessor Christine Fulton, Town Clerk Daniel Petigrow, Esq. Joseph McGowan, Esq. F:\USER\clients\ W\ Wappinger - Town\ Tax Certs\Eckerd Corp\2-8-12 Itr to TB w Resolution. wpd