Loading...
2012-210 2012-210 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Lafayette Lemle, LLC and 1032 Route 9 Wappinger Falls Holding, 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 tax certiorari proceeding commenced in 2010 by Lafayette Lemle, LLC, regarding Grid No. 6158-14-488445, and a second proceeding commenced in 2011 by 1032 Route 9Wappinger Falls Holdings, LLC, regarding Grid No.; 6158-14-488445 seeking a reduction in the 2011/2012 assessment for those respective tax rolls; 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. fI th 2010 d 2011 . rtai t Grid N 6158 14 488445 fill procee mg or e years an , as It pe ns 0 o. - - as o ows: Tax Year Original Total Revised Total Reduction Assessment Assessment 2010 3,600,000 3,000,000 600,000 2011 3,600,000 2,900,000 700,000 :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 7/9/2012 The Resolution is hereby duly declared adopted. ~LVfr!V STINE F , TOWN CLERK 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. Noe Pamela B. Richardson" Elizabeth M. Corrado .... .. ..Gellert&.Kleinp.c. Attorneys at Law 75Wasnington Street.Poughkeepsie, NY 12601 (845} 454-3250 (845) 4544652fax Westchester CountyOfflce 3P10W~~ter AvenlJeSulte302 Purchase, NY 10577 (914) 249-011.11.1 (914) 249-0111 fax Columbia County Office 2210 Route 7 Copake. NY 12516 (518) 329-1533 teVfax Counsel Stephen E. Ehlers S. Nina Gellert Raina E. Maisselo Justice George D. Marlow Appellate Division (RetJ Senator Stephen M. Saland Robert CVincent,. Jr. Joseph H.Gellert (1907-1989) www.gklaw.us July 3, 2012 .Also Adniittedin CT "AlsCl Admitted inNJ oAlso Admitted in England Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: Lafayette Lemle LLC.and 1032 Route 9 Wapping~ Falb Holdings,LLC vs. TOWIl. of Wappinger Our FileNo. 27036.9'729 and 27860.1929 Dear Supervisor Gutzlerand Town Board Members: Attached isa Resolution foryoU1' consideration regarding the respective settlement of the above-referenced tax certiorari proceedings for the pendingyearsof201 0 and 2011. 201 0 was initiated by Lafayette Lem1e, LLC, .by a Receiver pending a foreclosure proceeding. and then subsequently by 1032 Route 9 Wappinger Falls Holdings,LLC,thatacqUired the property during the pendency of that proceeding. The property was assessed at $3.600,000. The Petitioner submitted an tlJ>praisal establ.i$binga value in 2011 of $2,000,000, with a perspective market value by 201:3 of $2,900,000. The t\.ssessornegotiatedasettlement.Whieh will.tesultin reduetionsto.afull valu.eof$3,000,OOO.for 2010; and S2,900,000for201L The assessmeI1t was reduced to $2,800,0000 for 2012. The refund~ win be paid without interest if paid within sixty (60) days of the service of the final Order. The Assessor and I both recommend that your favorableconcurreneewith this settlement. Very truly yours, SL V Ibr Ene. ce: Christine Fulton,. Town Clerk Christian Harkins, Assessor Joseph McGowan, Esq. .c. / r?a~CG~~\vf~fD) JUL 0 9 20t2 TOWN OF WAPPINGER TOWN CLERK