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2013-2082013-208 Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding 2345 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 ABSENT: Barbara Gutzler William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2012 and 2013 by 2345 LLC regarding real property located at 1289 Route 9, Grid No. 6157-04-573456-0000, seeking a reduction in the 2012 and 2013 tax assessments for their respective tax rolls; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of 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 proceedings for the year 2012 and 2013, as it pertains to: Grid No.: 6157-04-573456-0000 Tax Original Total Assessment Revised Total Assessment Reduction 2012/2013 $1,600,000.00 $1,425,000.00 $175,000.00 2013/2014 $1,600,000.00 $1;400,000.00 $200,000.00 and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., 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 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 The Resolution is hereby duly eclared adopted. MICH L J. L ,TOWN CLERK STENGER ROBERTS . ~ ~ DAVIS & DIAMOND ~~P 1138 Route 9 Wappingers Falis, New York 12590 (845)298-2000 i FAX (845) 298-2842 wwwsrddiaw.com September 16, 2013 ~ '% ' e-mail: info srddlaw.com ~ ~` ~> f~ SF '~' ~ j .'`~~' Town Board Town of Wappinger '~~ ~~ `' ~~ , 20 Middlebush Road ~~,~ Kenneth M. stenger Wappingers Falls, NY 12590 Attn: Hon. Barbara Gutzler, Supervisor y`` , .~ ~~ Albert P. Roberts tp~ ~ r,~ ~ Thomas R. Davis ~ Re: 2345 LLC v. Town of Wappinger Stephen E. Diamond` Dear Supervisor Gutzler & Town Board Members: Joan F. Garrett" Please be advised that the above referenced proceeding is a tax certiorari matter for the tax year 2012/2013 and 2013/2014. This is an improved parcel Kevin T. McDermott of land located at 1289 Route 9 and owned by 2345 LLC. It is a single Angel I. Falcon commercial parcel improved by a multiple use commercial 9,750 square foot James P. Horan"` structure. T'he assessment for the two years at issue is $1,600,000.00. We have negotiated a settlement which reduces the assessment to $1,425,000.00 Lisa M. Cobb and $1,400,000.00 respectively. The Assessor will provide you with a refund A7. Ellen O'Sullivan analysis for your review and consideration along with his favorable recommendation. The refund will be payable without interest if paid with 90 Marina O'Neill days of the date of the service of the copy of the Order. Melissa A. Manna-Williams We would appreciate your concurrence on this matter at the next available Town Board meeting. If you have any questions please do not hesitate to OF COUNSEL contact me. Scott L. Volkman Karen MacNish Very truly yours, STEN E ROB RTS A & DIAMOND, LLP PARALEGALS Sandra Oakley Dawn M. Paino COTT L. VOLKMAN SLV/dap CLOSING COORDINATOR CC: ChrlStlan HarklnS, ASSeSSOr Maria L. Jones Michael Leonard, Town Clerk • ALSO ADMITTED W FL 6 MA '• ALSO ADMITTED IN CT "'ALSO ADMITTED W NJ O:\Wappinger\Tax Certioraris\2345 LLC19-16-2013 letter to Town Boazd.doc