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2012-173 2012-173 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Wappinger RE, 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 Kuzmicz. WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2010 and 2011 by Wappinger RE, LLC regarding premises located at Cranberry Hills Parcel Myers Comers Road, Grid # 6158-04-951382 seeking a reduction for the 2010 and 2011 tax assessments for the 2010/2011 tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommend a settlement on this tax review proceeding; NOW, THREFORE 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' fi th 2010 d 2011' . Grid N 6158 04 951382 procee mgs or e years an , as It pertams to 0.: - - Tax Original Total Revised Total Reduction Assessment Assessment 2010/2011 4,892,700 2,200,000 2,692,700 2011/2012 4,892,700 2,000,000 2,892,700 : 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. ~ ~..~ ~STINE FUii , TOWN CLERK Leoniud Klein Arthur L.Gellert John A Geoghegan Lillian S. Weigert Scott L Volkman DaVid. R. Wise" RoderickJ. Macleod Bevin S. HarringtOn Kelly L. Traver" Robert E. Noe Pamela B. Richardson. Elizabeth M. Corrado ... .. ... Geller.t &.... Klein,p.c Attorneys at Law 75 Washington Street. Poughkeepsie, NY 12601 (845) 454-3250 (845) 454-4652 fax Westchester County Office 301 OWestchesJ:er Avenue Suite 302 Purchase, NY 10577 (914) 249-0100 (914) 249-0111 fax ColumbiaC01.lnty Office 2210 Route 7 Copake, NY 12516 (518)329.1533teJ!fax Counsel Stephen E. Ehlers S. Nina Gellert Raina E. Maissel9 Justice George D. Marlow Appellate Division (RetJ Senator Stephen M. Saland Robert C Vincent,Jr. Joseph H. Gellert (1907-1989) www.gklaw.us May 21,2012 "Also Admitted In CT AAlso Admitted in NJ ~ Also Admitted in England Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: WappingerRE, LLS,LLC.vs. Town of Wappinger Our File No.: 27036..9429 Dear Supervisor Gtitz1er .and Town Board Me:mbers: Please be advised that the above referenced proceeding is a tax certiorari matter for the assessment years of 2010 and 2011. There is one (1) vacant parcel ofland located at Cranberry Hills, located on Myers Comers Road, GridNo.: 6158-04-951382. We have negotiated a settlement of the above referenced proceeding by reducing the. assessment the settlement in 2010 from $4,892,700 to $2,200,000 and on2011 from $4,892,700 to $2,000,000. . Since we have a 1 00% equalization rate tbat reflects fair market value. The Assessor will provide you with. a reco:mmendationanda refund analysiS iory-our consideration. Additionally, refunds will be Payable without interest if paid within 60day~. Very truly yours, , SLVlbr Ene. cc.: Christian Harkins, Assessor Christine Fulton, Town Clerk F:\USER\Clients\W\ Wappinger - Town\Tax Certs\Wappingers RE, LLC\5-21-Z012 to TB wresolution FORM.wpd