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2012-166 2012-166 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding DCH NY Imports, 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 May 29, 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 Ismay Czarniecki Michael Kuzmicz ABSENT: 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 2011 by DCH NY Imports, LLC, regarding premises located at 1271 Route 9, Grid # 6157-04-570395, seeking a reduction in the 2011 tax assessment for the 2011/2012 assessment; 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 recommend a settlement of this tax review proceeding; now, therefore be it NOW, THEREFORE BR 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 year 2011/2012, as it pertains to Grid No.: 6157-04-570395. Original Reduction in Final Tax Year Assessment Assessment Assessment 2011/2012 4,000,000 -0- 4,000,000 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 AYE AYE Dated: Wappingers Falls, New York 5/29/2012 The Resolution is hereby duly declared adopted. 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 .... Gell.ert. & Klempoc IlIIIi1 Attorneys at Law 75 Washington Street. Poughkeepsie, NY 12601 (845) 454-3250 (845) 454-4652fax Westchester County Office 3010 Westchester AVer'lLJeSuite302 Purchase, NY 10577 (914)249-0100 (914) 249-011lfax Columbia County OffiCe 2210 Route 7 Copake, NY 12516 (518) 329-1533 tellfax 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.gldaw.us May 4~ 2012 "Also Admitted in CT .Also Admitted in NJ o Also Admitted in England Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: DOH Imports, LLC vs. Town of Wappinger Our File 1'40.27860.1229 Dear Supervisor Gutzlerand Town Board Members: Attached isa Resolution for your consideration regarding the respective settlement in the above captioned tax certiorari proceeding for the sole pending year of 20 11, by DCH Imports, LLC. This is the property is located at 1271 Route 9. In anticipation of the settlement before the 2012 Board of Assessment Reviewprocess, the petitioner agreed to withdrawtheitprior proceeding due to the fact that the Assessor reduced the 2012 assessmentto $3,500~000. Therefore, there will be no reduction in the 2011 assessment and therefore, no.refund liability. If you have any further questions~ please do not hesitate to contact me. Verytruiyyours, 8LV\br Ene. ce: Cluistian Harkins, Assessor Cluistine Fulton, Town Clerk F:\USER\clients\W\ Wappinger - Towl1\Tax Certs\DCH NY Irnports\ltr to TBwresolutoin withdrawingtaxcert wpd