Board of Education Organizational and Regular Business Meeting
School Board Attachment 2022.07.05

Target Tax Cert Memo.pdf

July 5, 2022 · 5 min read · extracted text · View original

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

To

Brian Neenan,Superintendent From: Brian Freeman, Assistant Superintendent for Business Re: Target Tax Certiorari Cc: Board of Education Date: 6/15/2022 The property is located at 1050 Ridge Road in the town of Webster. This case dates for the fiscal years 2019-20, 2020-21, and 2021-22 school tax years. The property is currently assessed at $10,500,000 for all three tax years. The petitioners were looking to reduce the value of the property to $5,796,760, $5,250,000, and $5,250,000 respectively. The potential refund exposure to the district totaled $398,334 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. Under the settlement agreement the property assessments will be set to varying degrees for the previous years and finalizing on $7,345,210 for 2022-23. Moving forward, the petitioner will discontinue proceedings and agree to a reduced refund total of $93,799 for all years. The district will eliminate this multi-year tax certiorari exposure at a cost avoidance of $300,535 compared to the possible exposure, avoiding trial and further litigation costs. 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.

Cc

Katherine E. Gavett, Esq. Lori Schreiber, Treasurer

ADMINISTRATIVE OFFICE

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, Target #2038 (“Target”) filed tax certiorari petitions challenging the assessment of its property located at 1050 Ridge Road (Tax Map Parcel No. 079.16-1-95) in the Town of Webster for the 2019-20, 2020-21, and 2021-22 tax years; and WHEREAS, Target has proposed settlement of the proceedings upon the following terms: a. Discontinue the 2019-20 proceeding with no refunds; b. Reduce the 2020-2021 assessment to $8,965,000; c. Reduce the 2021-2022 assessment to $8,500,000; and d. Reduce the 2022-23 assessment to $7,345,210. 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 Target 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: _____________________

NAYS

_______________________

The Resolution was thereupon declared adopted. Dated: _____________

____________________________________ Webster Central School District

ADMINISTRATIVE OFFICE

119 South Avenue, Webster, New York 14580 Main Switchboard: (585) 265-3600 • Fax Machine: (585) 265-6561 • Web Site: www.websterschools.org

Cynthia Cushman, District Clerk

Exposure Calculation Year 2019-20 2020-21 2021-22

Tax Parcel 079.16.1-95 079.16.1-95 079.16.1-95

Assessment $10,500,000 $10,500,000 $10,500,000

Alleged Assessment $5,796,760 $5,250,000 $5,250,000

Difference $4,703,240 $5,250,000 $5,250,000

Tax Rate 25.542376 26.198871 26.792067

Exposure $120,132 $137,544 $140,658 $398,334

Tax Rate 25.542376 26.198871 26.792067

Refunds

Refund Calculation Year 2019-20 2020-21 2021-22

Tax Parcel 079.16.1-95 079.16.1-95 079.16.1-95

Assessment $10,500,000 $10,500,000 $10,500,000

Agreed Assessment $10,500,000 $8,965,000 $8,500,000

Difference $0 $1,535,000 $2,000,000

Cost Avoidance

ADMINISTRATIVE OFFICE

119 South Avenue, Webster, New York 14580 Main Switchboard: (585) 265-3600 • Fax Machine: (585) 265-6561 • Web Site: www.websterschools.org

$0 $40,215 $53,584 $93,799 $304,535

End of document