2012-168
2012-168
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding DCH
Investments Inc. (New York)
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
Councilwoman Czarniecki.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2011 by DCH Investments Inc. (New York) regarding premises
located at Old State Road E, Grid # 6157-02-553706; premises located at 1146 Route 9, Grid #
6157-04-703107; 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.: 6157-02-553706;
Tax Original Total Revised Total Reduction
Assessment Assessment
2011/2012 550,000 350,000 200,000
Grid No.: 6157-04-703107
TaxOriginal Total
AssessmentRevised
Total Assessment
Reduction
2011/2012 1,250,000 965,000 285,000
: 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
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 1. Macleod
Bevin S. Harrington
Kelly L Traver*
Robert E Noe
Pamela B. Richardson"
Elizabeth M. Corrado
... G. .ellert & Klein.p.c.
.. Attorneys at Law
75 Washington Street. Poughkeepsie, NY 12601
(84S) 454-3250
(84S) 454-4652 fax
Westchester County Office
3010 Westchester Avenue Suite 302
Purchase, NY 10577
(914) 249-0100
(914) 249~0111 fax
Columbia CoumyQffice
2210 Route 7
Copake, NY 12516
(518) 329-1533tel/fa)(
Counsel
Stephen E. Ehlers
S. Nina Gellert
Raina E. Maisselo
Justice George D. Marlow
Appellate Division (Retl
Senator Stephen M. Saland
Robert C. Vincent, Jr.
Joseph H. Gellert
(1907 -1989)
WWW.gklaw.us
* Also AdmittedinCT
"Also Admitted in NJ
oAlsoAdmitted in England
Town Board
ToWn of Wappinger
20 Middlebush Road
WappingersFalls, NY 12590
May 4, 2012
Re: OCR Investments, Inc. (New York) vs.Town of Wappinger
Grid No.: 6157-02-553706;6157-04-703107
Our File No.: 27860.1029
Dear Supervisor Gutzlerand ToWn Board Members:
Please be advised that the above referenced proceeding isa Tax Certiorari. .matter for tax year
2011. This property is owned by DCH Investments, Inc. (New York), regarding Grid Nos.6157 -02-
553706; and 6157-04-703107. We have n~go1iated a settlement oftheabove-teferenced proceedings by
redudngassessments on Grid No. 6157-02-553706: from. $550,000 to$350~OOO for 201 1; and Grid No,:
6157-04-703107, from $1,250,000 to $965,000 for 2011.
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 withit1 60 days are interest free.
lenclose herewith a resolution for your consideration at the next available Town Board
meeting. Your favorable consideration at that time would be greatly appreciated.
SL Vlbr
Ene.
ce:
,.,.
Christian Harkins, Assessor
Christine Fulton, Town Clerk
F:\USERlclients\W\Wappinger. Town\TJIX Cc:rts\DCH Investmellts\S4-121tr to ToWII Board w settlement docs.wpd