242.2006
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASE
COMMENCED BY MICHAEL & HEATHER O’CONNOR
RESOLUTION NO.: 242, 2006
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, Michael and Heather O’Connor (“Petitioners”), previously commenced an Article
7 Real Property Assessment Review case against the Town of Queensbury in 2005 concerning the
assessment on property located at 74 Fitzgerald Road, Queensbury (Tax Map No.: 289.14-1-30.1)
and
WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board
and the Town Board has reviewed the cases with Town Counsel, and
WHEREAS, the Board of the Queensbury Union Free School District is anticipated to
approve the proposed settlement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement, which will
result in a revised 2005 assessment as follows:
Current Revised Applicable
Tax Map No. Address Assessment Assessment Assessment
Year
289.14-1-30.1 74 Fitzgerald Road $334,500 $304,500 2005
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs payment of any and all refunds
without interest to Petitioners within sixty (60) days from the date that a Demand for Refunds is served
upon the Town, and
BE IT FURTHER,
RESOLVED, that in accordance with Section 727 of the New York State Real Property Tax
Law, the assessment on the parcel (Tax Map # 289.14-1-30.1) shall remain at $304,500 for the next
three tax years (2006/07, 2007/08 and 2008/09) unless the Town performs a Town-wide revaluation or
some other exception provided for under Section 727 becomes applicable to the assessment rolls for
those tax years, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Assessor, Budget Officer and/or Town Counsel to execute settlement documents and take any
additional steps necessary to effectuate the proposed settlement in accordance with the terms of this
Resolution.
st
Duly adopted this 1 day of May, 2006, by the following vote:
AYES: Mr. Sanford, Mr. Strough, Mr. Stec, Mr. Boor
NOES: None
ABSENT:Mr. Brewer