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2012-300 2012-300 Resolution Authorizing the Settlement of Tax Certiorari Proceeding Regarding Segal Rental Associates 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 November 13,2012. 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 Czamiecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilwoman Czamiecki and seconded by Councilman Kuzmicz. WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari proceedings commenced in 2011 and 2012 by Segal Rental Associates, LLC, regarding premises located at 56 Lake Oniad, Grid # 6257-01-460997, 20 Ervin Drive, Grid # 6258-03-131010, 3 Plaza Road, Grid #: 6258-03-305007 and 72 Kent Road, Grid # 6258-04-517040 seeking a reduction in the 2011 and 2012 tax assessments for the respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this 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 years 2011 and 2012, as it pertains to Grid #'s 6257-01-460997, 6258-03- 131010,6258-03-305007 and 6258-04-517040, as follows: 6257 -01-460997 Original Revised Tax Year Assessment Assessment Reduction 2011 311,600 300,000 11,600 2012 311,600 285,000 26,600 6285-03-305007 Original Revised Tax Year Assessment Assessment Reduction 2011 271,500 271,500 -0- 2012 6258-04-517040 271,500 245,000 26,500 2011 306,700 306,700 -0- 2012 306,700 300,000 6,700 6258-03-131010 2011 340,800 320,000 20,800 2012 340,800 300,000 40,800 : 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 11/13/2012 The Resolution is hereby duly declared adopted. c~~~^ CHRISTINE FUL , TOWN CLERK Leonard K'ein Arthur L Gellert John A Geoghegan Scott L Volkman David R Wise* Rodenck J MacLeod Kelly L Traver" Keith G, Ingber Robert E. Noe John J Evans Pamela B. Richardson. Elizabeth M Corrado .. Gellert & Klein,p,c. ~ Attorneys at Law 75 Washington Street. Poughkeepsie, NY 12601 (845) 454-3250 (845) 454-4652 fax Counsel Stephen E. Ehlers S, Nina Gellert Justice George D, Marlow Appellate Division (Ret) Senator Stephen M. Saland Robert C. Vincent, Jr. Lillian 5 Weigert Westchester County Office 3010 Westchester Avenue Suite 302 Purchase, NY 10577 (914) 249-0100 (914) 249-0111 fax wwwgklaw.us October 16,2012 OCT 3 1 2012 TOWN OF WAPPINGER TOWN CLER~ ---~..-._--- Town Board Town ofWappillger 20 Middlebush Road Wappingers Falls, NY 12590 Re: Segal Rental Associates, LLC vs. Town of Wappinger Our File No.: 27860.1629 Dear Supervisor Gutzler and Town Board Members: Please be advised that the above referenced proceeding is a tax certiorari matter for the assessment years of2011 and 2012. There four parcels ofland located at 56 Lake Oniad, Grid # 6257- 01-460997,20 Ervin Drive, Grid # 6258-03-131010, 3 Plaza Road, Grid #: 6258-03-305007 and 72 Kent Road, Grid # 6258-04-517040. Each parcel is improved by a single family dwelling. The Assessor and I have negotiated a settlement of the above referenced proceeding by reducing the assessment from $340,800 to $320,000 for 2011 and reducing the assessment from $340,800 to $300,000 for 2012 for the parcel located at 20 Ervin Drive, Grid # 6258-03-13 I 010; no reduction for 2011 and reducing the assessment from $271,000 to $245,000 for 2012 for the parcel located at 3 Plaza Road, Grid # 6258-03-305007; no reduction for 2011 and reducing the assessment from $306,700 to $300,000 for 2012 for the parcel located at 72 Kent Road, Grid # 6258-04-517040; and reducing the assessment from $311,600 to $300,000 for 20 I I and reducing the assessment from $31 1,600 to $285,000 for 2012 for the parcel located at 56 Lake Oniad, Grid # 6257-01-460997. Since we have a 100% equalization rate that reflects fair market value. The Assessor will provide you with a recommendation and a refund analysis for your consideration. Additionally, refunds will be payable without interest if paid within 60 days. I enclose herewith a Resolution for your consideration at the next Town Board meeting. Your favorable consideration at that time, would be greatly appreciated. Very t~rUIY:;Jrs, / GEL,L., ,"1- & ,K Wt', ,:: ,,'~ "1:'+-" .,:"" B~'/"'"' P"~' "~~// .-.". "".' , /' . "'--., .. ,ll'" /t..:. .......:> ' //> ,.l' V' . c, ,/' SCOTT L. VOLKMAN SL V /br Enc. cc: Christian Harkins, Assessor Christine Fulton, Town Clerk F:\USER\clientsWl\Wappinger. Town\Tax Certs\Segal Rental Assoc\IO.16.12 trto TB w resolutionwpd