2.12 2.12
ASSESSMENTS\Settle Brothers Young and Others—10-20-14
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7
REAL PROPERTY ASSESSMENT CASES COMMENCED BY
BROTHERS, YOUNG AND OTHERS
RESOLUTION NO.: ,2014
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, John Brothers, Mary Beth Young, Richard Young and owners of 65 other
parcels of residential property previously joined together and commenced joint Article 7 Real Property
Assessment Review cases beginning in 2005 against the Town of Queensbury concerning certain
parcels of shoreline property located on Lake George and Glen Lake, with each parcel developed with
a single-family home and other improvements, and
WHEREAS, most of the property owners involved participated in the cases for only a few
years, and the Assessor reached out-of-Court settlements with most of them during the intervening
years, and
WHEREAS, all of the cases have all been resolved or abandoned for all years except for the
challenges on the three parcels owned by John Brothers (Tax Map #239.16-1-26), Mary Beth Young
(Tax map#227.13-2-14), and Richard Young(Tax Map#239.12-2-14), and
WHEREAS, the Assessor has reviewed these remaining cases with Town Counsel and the
Assessor has recommended a settlement proposal to the Town Board, and
WHEREAS, the Lake George Central School District has approved the proposed settlement
terms,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Town Board hereby approves the settlement of
the pending Article 7 cases against the Town brought by John Brothers, Mary Beth Young and
Richard Young for 2005 through and including 2014 in accordance with the following:
1) Assessments on the parcels shall be revised as shown in accompanying Table A.
2) Instead of the approximately $51,076 in total tax refunds that would be due based
upon the assessment reductions shown in Table A, a total refund of$40,538.38 shall be
paid to the one law firm representing Mr. Brothers and the Youngs for distribution as
agreed between and among themselves. The total of refunds to be paid by or on behalf
of the Town and Special Districts shall not exceed $5,250.00, and shall be based upon
the proportions of tax rates for the Town, County, School District and Special Districts
for the years at issue. No other refunds shall be paid by the Town.
3) For the 2014, 2015 and 2016 Assessment Rolls, the assessment on the parcel owned by
Mary Beth Young, Tax Map #227.13-2-14, shall be based upon a Full Market Value
of$600,000 (Six Hundred Thousand Dollars).
4) For the 2014, 2015 and 2016 Assessment Rolls, the assessment on the parcel owned by
Richard Young, Tax Map #239.12-2-14, shall be based upon a Full Market Value of
$925,000 (Nine Hundred Twenty-Five Thousand Dollars).
5) For the 2014, 2015, 2016, 2017 and 2018 Assessment Rolls, the assessment on the
parcel owned by John Brothers, Tax Map # 239.16-1-26, shall be based upon a Full
Market Value of $1,295,000 (One Million Two Hundred Ninety-Five Thousand
Dollars).
6) Each of the Full Market Values specified above shall apply even after the upcoming
Town-wide revaluation but shall be subject to adjustment if the house or other
improvements on the property are destroyed, damaged, renovated or replaced.
7) All pending cases on all parcels shall be discontinued by the property owners,
and
BE IT FURTHER,
RESOLVED, the Town Board authorizes and directs payment of a refund as set forth
above, and such refund shall be paid without interest, provided it is issued within sixty (60) days
after Petitioner serves a copy of the filed Court Order approving the settlement, with Notice of
Entry, on the Warren County Treasurer, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents on behalf of
the Town and take any additional steps necessary to effectuate the proposed settlement in accordance
with the terms of this Resolution.
Duly adopted this 20'h day of October, 2014, by the following vote:
AYES
NOES
ABSENT:
TABLE A
TAX MAP NO.: 227.13-2-14 (YOUNG-9 FIELDING LANE)
ASSESSMENT CURRENT REVISED
ROLL YEAR ASSESSMENT ASSESSMENT REDUCTION
2005 700,000 550,000 150,000
2006 700,000 445,000 255,000
2007 700,000 454,250 245,750
2008 700,000 474,500 225,500
2009 700,000 532,000 168,000
2010 700,000 513,000 187,000
2011 525,000 NO CHANGE 0
2012 525,000 500,000 25,000
2013 525,000 492,000 33,000
2014 525,000 492,000 33,000
TAX MAP NO.: 239.12-2-14 (YOUNG-47 ASSEMBLY POINT ROAD)
ASSESSMENT CURRENT REVISED
ROLL YEAR ASSESSMENT ASSESSMENT REDUCTION
2005 905,800 800,000 105,800
2006 905,800 712,000 193,800
2007 905,800 711,000 194,800
2008 905,800 730,000 175,800
2009 905,800 798,000 107,800
2010 905,800 722,000 183,800
2011 806,700 800,000 6,700
2012 806,700 700,000 106,700
2013 806,700 758,500 48,200
2014 806,700 758,500 48,200
TAX MAP NO.: 239.16-1-26 (BROTHERS- 12 TALL TIMBERS ROAD)
ASSESSMENT CURRENT REVISED
ROLL YEAR ASSESSMENT ASSESSMENT REDUCTION
2005 1,349,200 1,300,000 49,200
2006 1,349,200 1,112,500 236,700
2007 1,349,200 1,066,500 282,700
2008 1,349,200 1,241,000 108,200
2009 1,349,200 1,140,000 209,200
2010 1,349,200 1,064,000 285,200
2011 1,200,000 1,120,000 80,000
2012 1,160,000 1,040,000 120,000
2013 1,160,000 984,000 176,000
2014 1,160,000 1,061,900 98,100