2012-167
2012-167
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding DCH
Motors, 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 tax certiorari
proceedings commenced in 2011 by DCH Motors LLC regarding premises located at 635 Old
Route 9, Grid # 6157-02-558657; premises located at 1349 Route 9, Grid # 6157-02-585606; and
premises located at 1363 Route 9. Grid # 6157-02-589645, seeking a reduction in the 2011 tax
assessment for the tax rolls; and
WHEREAS, the Town Assessor and Special Counsel have recommend a settlement on
these tax review proceedings;
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 year 2011, as it pertains to:
Grid No.: 6157-02-558657;
Tax Original Total Revised Total Reduction
Assessment Assessment
2011/2012 672,000 560,000 112,000
Grid No.: 6157-02-585606
TaxOriginal Total
AssessmentRevised
Total Assessment
Reduction
2011/2012 2,400,000 1,860,000 540,000
Grid No.: 6157-02-589645
TaxOriginal Total
J\ssessnrrentFlevised
Total J\ssessnrrent
Fleduction
2011/2012 1,100,000 700,000 400,000
: and
BE IT FURTHER RESOLVED, that the Town Supervisor, Town J\ssessor 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:
B1\lU3J\FlJ\ GUTZLEFl, SUPEFlVISOFl
WILLIJ\M H. BEJ\LE, COUNCILM.AN
VINCENT F. BETTINJ\, COUNCILM.AN
ISMJ\ Y CZ1\R.NIECKI, COUNCIL WOM.AN
MICHJ\EL KUZMICZ, COUNCILM.AN
Voting:
Voting:
Voting:
Voting:
Voting:
J\YE
J\YE
J\YE
J\YE
J\YE
Dated: Wappingers Falls, New York
5/29/2012
The Flesolution is hereby duly declared adopted.
c~~
CHFlISTINE FULTON, TOWN CLEFlK
Leonard Klein
Arthur L Gellert
John A. Geoghegan
Lillian 5. Weigert
Scott L. Volkman
David R. Wise"
Roderick J. Macleod
Bevin S. Harrington
Kelly L. Traver-
Robert E. Nee
Pamela B. Richardson A
Elizabeth M. Corrado
"'Ge.Uert. &.' Klein,p,c
ma Attorneys at Law
75 Washington Street. poughkeepsie. NY 12601
(845) 454-325Q
(845)454-4652 fax
Westchester County Office
3010 Westchester Avenue$uite 302
Purchase, NY10Sn
(914) 249.0100
(914) 249-0111 fax
tofumbl.atouoty Office
2210 Route 7
Copake,NY 12516
(518) 329-1533 tel/fax
Counsel
Stephen E. Ehlers
5. Nina Gellert
RainaE. Maissel~
Justice George D. Marlow
Appellate Division (Ret.)
Senator Stephen M. Saland
Robert C. Vincent, Jr.
JosephH. Gellert
(1907-1989)
www.gklaw.us
.Also Admitted 1n (T
AAlsoAdmirted in NJ
* Also Admitted in England
May 4, 2012
Town Board
Town of Wappinger
20 Middlebush Road
WappingersFalls, NY 12590
Re: DCHMotors, LLC vs. Town of Wappinger
Grid No.: 6157-02-558657; .6157-02-585606;6157-02-589645
Our File No..: 27860.1129
Dear Supervisor Gutzler and Town Board Members:
Please be advised that the above referenced proceeding is a Tax Certiorari matter for tax year
2011. This property is owned by DCH Motors, LLC, regarding Grid Nos;6157-02-5 58657;6157 -02-
585606; 6157-02-589645. We have negotiated a settlement of the above-referenced proceedings by
reducing assessments on Grid No. 6157-02-558657: from$672,000to $560,000 for2011; Grid No.:
6157-02-585606, from $2,400,000 to 1,860,000 for 2011 and Grid No.: 6157-02-589645 from
$1,100,000 to 700,000 for 2011.
Since we have 100% equalization rate the settlement figures reflect fair market value. The
Assessor wiIIprovide you with a recommendation of a refund analysis fot your consideration.
Additionally. refunds that are paid within 60 days are interest free.
I enclose herewith a resolution for your consideration at the next available Town Board
meeting. Your favorable consideration at thattime would be greatly appreciated.
SL V /br
Enc.
cc:
Christian Harkins, Assessor
Christine Fulton, Town Clerk
F:\USER\cIienl$\W\WappiJ\g!'r - Town\Tax Certs\DCH NY Motors\5-4-121tr to Town Board wsettlement docs.wpd