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2013-2062013-206 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Imperial Improvements, 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 September 23, 2013. 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 Councilwoman Czarniecki and seconded by Councilman Kuzmicz. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2012 by Imperial Improvements, LLC regarding real property located at New Hackensack Road, Grid No. 6158-15-589264-0000, 18 New Hackensack Road, Grid No. 6158-15-589264-0001 and 1527 Route 9, Grid No. 6158-19- 575182-0000 seeking a reduction in the 2012 tax assessments for the 2012/2013 tax rolls; and WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the petition requesting a reduction for said tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended 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 proceedings for the year 2012 as it pertains to: Grid No.: 6158-15-589264-0000 Tax Original Total Assessment Reduction in Assessment Final Assessment 2012/2013 $8,322,200.00 -0- $8,322,200.00 Grid No. 6158-15-589264-0001 TaxOriginal Total AssessmentReducti on m AssessmentFinal Assessment 2012/2013 $375,100.00 -0- $375,100.00 Grid No. 6158-19-575182-0000 TaxOriginal Total AssessmentReducti on in AssessmentFinal Assessment 2012/2013 $4,102,700.00 -0- $4,102,700.00 and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott Special Counsel to the Town of Wappinger, are hereby authorized to take and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 9/23/2013 L. Volkman, Esq., all action necessary The Resolution 's hereby duly Glared adopted. M C EL J. L NA ,TOWN CLERK .~~ STENGER ROBERTS DAVIS & DIAMOND ~~P 1136 Route 9 Wappingers Falls, New York 12590 (845) 298-2000 FAX (845) 298-2842 www.srddlaw.com e-mail: info(a~srddlaw.com September 16, 2013 Town Board Town of Wappinger Kenneth M. Stenger 20 Middlebush Road Albert P. Roberts Wappingers Falls, NY 12590 Attn: Hon. Barbara Gutzler, Supervisor Thomas R. Davis Stephen E. Diamond* Re: Imperial Improvements, LLC v. Town of Wappinger Joan F. Garrett** ~ Dear Supervisor Gutzler & Town Board Members: Kevin T. McDermott Please be advised that the above referenced proceeding is a tax certiorari matter for tax year 2012 only. There are three parcels owned by Irnperial Angel 1. Falcon Improvements, LLC and located on New Hackensack Road, 18 New James P. Horan*'* Hackensack Road and 1527 Route 9. This is the Imperial Plaza exclusive of the Home Depot Property. The assessed value for 2012 was a combined Lisa M. Cobb $12,800,000.00. The Petitioner has agreed to discontinue the 2012 M. Ellen O'Sullivan proceeding, without reduction, in exchange for reductions within to 2013 roll Marina O'Neill which are already in effect which reduced the three parcels to a combined $10,400,000.00. Melissa A. Manna-Williams Since there is no reduction in the 2012 assessment, there is no refund liability. OF COUNSEL Scott L. Volkman I enclose herewith a resolution for your consideration at the next Town Board Karen MacNish meeting. PARALEGALS Very truly yours, Sandra Oakley STE , RO T , DA OND, LLP Dawn M. Paino CLOSING COORDINATOR SCOTT L. VOLKMAN Maria L. Jones SLV/dap Enclosure 'ALSO ADMITTED IN FLBMA cc: Christian Harkins, Assessor "ALSO ADMITTEO IN CT Michael Leonard, Town Clerk "'ALSO ADMITTED IN NJ O:\WappingerlTax Certioraris\imperial Improvements, LLC\9-16-2013 letter to Town Board.doc