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2012-172 2012-172 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Cranberry Hills Associates, 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 Czarniecki and seconded by Councilman Kuzmicz. WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceeding commenced in 2009 by Cranberry Hills Associates, LLC regarding premises located at Cranberry Hills Parcel Myers Comers Road, Grid # 6158-04-951382 seeking a reduction for the 2009 tax assessment for the 2009 tax roll; 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 d' D h 2009' . Grid N 6158 04 951382 procee mg or t e year , as It pertams to 0.: - - Tax Original Total Revised Total Reduction Assessment Assessment 2009/2010 4,892,700 2,400,000 2,492,700 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 ABSTAIN AYE AYE AYE Dated: Wappingers Falls, New York 5/29/2012 The Resolution is hereby duly declared adopted. c~7-~ CHRISTINE FULTON, TOWN CLERK Leonard Klein ArthurL Gellert John A Geoghegan Lillian S.Weigert Scott L Volkman DavidR Wise. Roderick). MacLeod Bevin S. Harrington KeUyLTraver" Robert E. Nee Pamela B. RiChardson. Elizabeth M. Corrado ... Gellert & Klein,p;c. .. .Attorneys at Law 75Washington Street. Poughkeepsie. NY 12601 (845) 454~3250 (845)4544652 fax Westchester County Qfflce 3010 Westchester Avenue Suite 302 Purchil,se..NY1()577 (914) 249-0100 (914) 249-0111 fax COlumblaCounty Office 2210 Route 7 Copake. NY 12$1:6 (S16}.329-1S33tel/fax Counsel Stephen E Ehlers S. Nina Gellert RainaE Maissel~ Justice George D. Marlow Appellate Division (Ret) Senator Stephen M. Saland RobertC Vincent, Jr. Joseph H. Gellert (1907-1989) www.gldaw.us May 21,2012 .Also Admitted in CT .Also Admitted in.NJ ~ Also Admitted in England Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY .12590 Re: Cranberry Hills Associates, LLC'Vs. Town of Wappinger Our FileNo.: 27036.1529 Dear Supervisor Gutzlerand Town Board Members: Please be advised that the above referenced proceeding is a ~ certiorari matter for the assessment year of 2009. There is one.{l) vacant parcel of land located at Cranberry Hills, located on Myers Corners Road, GridNo.:6158-04-951382. We have negotiated a settlement of the above referenced proceeding by reducing tbeassessment frOlD. $4,892,100 for 2009 and reducing the assessment from $4,892,1000 to $2,400.,000. Since we have a 100% equalization rate thatreflects fair market value. The Assessor will provide you with a recommendation and a refund analysis for your C01lSideration. Additionally, refunds will be payable without interest if paid within 60OOY5. SL Vlbr Ene. cc: Christian Harkins, Assessor Christine Fulton, . TownClel'k F:\USER\clients\W\Wappinger- Town\Tax Certs\Cranberry HilIs\'s..;20 12 to TBwresolution FORM.wpd