WEBSTER CENTRAL SCHOOL DISTRICT Brian M. Neenan
David Swinson
Superintendent Brian_Neenan@webstercsd.org (585) 216-0001
Assistant Superintendent for Administration and Human Resources David_Swinson@webstercsd.org (585) 216-0011
Colleen Armstrong Executive Director of Student Services Colleen_Armstrong@webstercsd.org (585) 216-0073
Erin Land
Brian Freeman Assistant Superintendent for Business Brian_Freeman@webstercsd.org (585) 216-0017
Assistant Superintendent for Instruction Erin_Land@webstercsd.org (585) 216-0111
Brian Neenan,Superintendent From: Brian Freeman, Assistant Superintendent for Business Re: KIN Inc. (Kohls) Tax Certiorari Cc: Board of Education Date: 6/15/2022 The property is located at 925 Holt Road (Kohl’s) in the town of Webster. This case dates for the fiscal years 2018-19, 2020-21, and 2021-22 school tax years. The property is currently assessed at $5,900,000 for all three tax years. The petitioners were looking to reduce the value of the property to $1,475,000, $590,000, and $590,000 respectively. The potential refund exposure to the district totaled $392,256 for all three years. The petitioner has agreed to discontinue all proceedings for a reduced assessment from $5,900,000 to $5,421,623 moving forward in the year 2022-23. Below you will find a resolution prepared by our school attorney for the proposed settlement. The total exposure mitigated to the district under this settlement agreement totals $392,256. In addition, based on prior case law, the plaintiff could also argue that fiscal year 2019-20 could be included in the proceedings since they filed the year before and the year after. That would be an additional $135,630 in mitigated refunds. Based on the opinion of our school attorney in conjunction with the Town of Webster attorney, it is recommended that the Board of Education approve the attached resolution to settle the tax certiorari proceedings. This will require a general vote of the majority of the board of education. Please let me know if you have any additional questions. Thank you.
Katherine E. Gavett, Esq. Lori Schreiber, Treasurer
119 South Avenue, Webster, New York 14580 Main Switchboard: (585) 265-3600 • Fax Machine: (585) 265-6561 • Web Site: www.websterschools.org
RESOLUTION At a Regular Meeting of the Board of Education of the Webster Central School District (the “Board of Education”), held on July 5, 2022; The meeting was called to order by the President of the Board of Education, and upon roll being called, the following members were: PRESENT: ABSENT: OTHERS ALSO PRESENT: The following Resolution was offered by ____________________________, and seconded by ________________________________________. WHEREAS, KIN Inc. -COR Holt Road Company LLC (“KIN”) filed tax certiorari petitions challenging the assessment of its property located at 925 Holt Road (Tax Map Parcel No. 079.12-1-19.111) in the Town of Webster for the 2018-19, 2020-21, and 2021-22 tax years; and WHEREAS, KIN has proposed settlement of the proceedings upon the following terms: a. Discontinue the 2018-19, 2020-21, and 2021-22 proceedings with no refunds; and b. Reduce the 2022 assessment to $5,421,623; and WHEREAS, the Town of Webster is in agreement with the settlement proposals as outlined above; and WHEREAS, the Board of Education is willing to settle the proceedings pursuant to the terms outlined above. NOW, THEREFORE, BE IT RESOLVED that: 1.
The Board of Education agrees to settle the tax certiorari proceedings commenced by KIN in accordance with the terms set forth above and in the form approved by Ferrara Fiorenza PC and hereby delegates to Ferrara Fiorenza PC the authority to execute such settlement documents.
2.
This Resolution shall take effect immediately.
The question of the adoption of the foregoing Resolution was duly put to a vote, which resulted as follows: AYES: _____________________
_______________________
The Resolution was thereupon declared adopted. Dated: _____________
____________________________________ Webster Central School District Cynthia Cushman, District Clerk
119 South Avenue, Webster, New York 14580 Main Switchboard: (585) 265-3600 • Fax Machine: (585) 265-6561 • Web Site: www.websterschools.org