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2012-205 2012-205 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Locust Tree Residential Properties, 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 July 9, 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 Beale and seconded by Councilman Kuzmicz. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2011 by LOCUST TREE RESIDENTIAL PROPERTIES, LLC, regarding premises located at 80 Airport Drive, Grid # 6259-04-679493, seeking a reduction in the 2011 tax assessment for the 2011/2012 tax assessment roll; 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 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.: 6259-04-679493. Original Reduction in Assessment Assessment Final Assessment Tax Year 2011/2012 1,000,000 -0- 1,000,000 : and 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, COUNCIL WOMAN MICHAEL KUZMICZ, COUNCILMAN Dated: Wappingers Falls, New York 7/9/2012 Voting: Voting: Voting: Voting: Voting: AYE AYE AYE AYE AYE The Resolution is hereby duly declared adopted. ~~/~ . STINE FU" ON, TOWN CLERK Leonard Klein Arthur L. Gellert John A. Geoghegan Lillian S. WeIgert ScottL Volkman David R. Wise* Roderick J. Macleod Bevin S. Hatrington Kelly L. Traver* Robert E Nee Pamela 8, Richardson & Elizabeth M, Corrado ... G.ellert & Klein P.G r.IIIII Attorneys at Law 75 Washington Street- Poughkeepsie, NY 12601 (845) 454-3250 (845) 454-4652fax Wlestchester (OUlltY 9fflce 3010 Westchester Avenue Suite 302 Purchase. NY 10577 (914) 249-0100 (914) 249-01 nfax (olurnbia(ounty Office 2210 Route 7 CQpake, NY 12516 (518) 329-153.Hellfax Counsel Stephen E Ehlers S. Nina Gellert Raina E. Maisselo Justice George D. Marlow Appellate Division (Req Senator Stephen M. Saland Robert C. Vincent, Jr. Joseph H, Gellert (1907-1989) www.gklaw.us July 3, 2012 "Also Admitted in CT &Also Admitted in NJ. fAlso Admitted in England Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: Locust Tree Residential Properties, LLC vs. Town of Wappinger Index No.: 2011-4702 Our File No. 27860.2329 Dear Supervisor Gutzler and Town Board Members: AtW-ched is a Resolution for your consideration regarding the respective settlement in the above captioned tax certiorari proceeding for the sole pending year of2011, by Locust Tree Residential Properties, LLC. This is the property is located at 80 Airport Drive; Therefore, there will be no. reduction in the assessment and therefore, no refund liability. There was no. reductio.n agreed to for 2012. If you have any further questions, please do not hesitate to conta.ctme. Very truly yours, GELLERT & KLEIN, BY: P.C. a dQJ -I:E "";" Oz m --- c- --.. =E 0 c: CO> r- \Z~ c::> m ~ c::= In )> 1....:1 ~ r""O <::) m""O N ffi 1;;0 ...-.4 ^~ g m iO SL V\br Ene. cc: Christian Harkins, Assessor Christine Fulton, To.wn Clerk '1~At)'. .' " . ,,--";;i'/L V~ SCOTT L.VOLKMAN F:\USER\clients\ W\ Wappinger - Town\Tax Certs\LoCl,lSt Tree\ltr toT8 w resolutoin withdrawing tax certwpd