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

182 W. Main Tax Cert Memo.pdf

July 5, 2022 · 4 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: First Berkshire Tax Certiorari Cc: Board of Education Date: 6/15/2022 The property is located at 182 West Main Street (Old McDonald’s Building) in the town of Webster. This case dates for the fiscal years 2018-19, 2019-20, 2020-21, and 2021-22 school tax years. The property is currently assessed at $376,0000 for those tax years. The petitioners were looking to reduce the value of the property to $216,250, $192,500, $185,000 and $185,000 respectively. The potential refund exposure to the district totaled $18,966 for all four years. The petitioner has agreed to discontinue all proceedings for a reduced assessment from $376,000 to $192,000 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 $18,966. 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, First Berkshire Business Trust (“First Berkshire”) filed tax certiorari petitions challenging the assessment of its property located at 182 West Main Street (Tax Map Parcel No. 080.09-1-58) in the Town of Webster for the 2018-19, 2019-20, 2020-21, and 2021-22 tax years; and WHEREAS, First Berkshire has proposed settlement of the proceedings upon the following terms: a. b. c. d. e.

Discontinue the 2018-19 proceeding with no refunds; Discontinue the 2019-20 proceeding with no refunds; Discontinue the 2020-21 proceeding with no refunds; Discontinue the 2021-22 proceeding with no refunds; and Reduce the 2022-23 assessment to $192,000.

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 First Berkshire 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 Cynthia Cushman, District Clerk

ADMINISTRATIVE OFFICE

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

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