337.2002
RESOLUTION AUTHORIZING ENGAGEMENT OF EMPIRE STATE
APPRAISAL CONSULTANTS, INC. TO PREPARE APPRAISAL IN
CONNECTION WITH ARTICLE 7 ASSESSMENT CASES COMMENCED
BY QUAKER VILLAGE DEVELOPMENT CORP.
(LOWES HOME CENTERS, INC.)
RESOLUTION NO.: 337, 2002
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
,
WHEREAS the Town of Queensbury is engaged in litigation with Quaker Village
Development Corporation (Lowes’ Home Centers, Inc.), regarding real property tax assessments
on the Lowes’ Home Center property for the years 2001 and 2002, and
,
WHEREAS the total assessed value of the property for each of the years in question is
approximately $8,729,000 and the tax amounts in dispute are substantial and could result in
significant refunds to the property owners if the Petitioners prevail in the litigation, and
,
WHEREAS the firm of Empire State Appraisal Consultants, Inc. (ESAC) is a reputable
and established appraisal company, with 27 years of experience, including extensive experience in
appraising large commercial properties, and
WHEREAS, ESAC has appraised other commercial property for the Town and its
performance and services have been entirely satisfactory and have materially contributed to the
ability of the Town to settle past tax assessment litigation without the need for trial, and
WHEREAS, ESAC has proposed to prepare preliminary and final appraisals for the
Town’s use in settlement discussions and litigation, with its fee for the preliminary appraisal not to
exceed $3,500 and its fee for a final, trial-ready appraisal, if necessary, not to exceed $3,500 (for
a total of $7,000), with the costs of ESAC’s work to be shared equally by the Town and the
Queensbury Union Free School District and
WHEREAS, the attorney representing the Queensbury Union Free School District will
recommend that the School Board approve retaining ESAC to perform the needed appraisal work
on the stated terms, with the costs to be shared equally by the Town and the School District, and
such approval by the School Board is expected, and
WHEREAS the Assessor and Town Counsel recommend that ESAC be retained to
provide the necessary appraisal services on the proposed terms, with the cost to be divided
equally between the Town and the Queensbury Union Free School District,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Empire
State Appraisal Consultants, Inc. (ESAC) to prepare a preliminary appraisal and, if necessary, a
final appraisal of the Quaker Village Development Corporation (Lowes’ Home Centers, Inc.)
property for the Town’s use in property tax assessment litigation, with the cost for such
preliminary appraisal not to exceed $3,500 and the cost of a final appraisal, if necessary, not to
exceed $3,500 (for a total of $7,000), which costs shall be divided equally between the Town and
the Queensbury Union Free School District, with the Town’s portion to be paid from the
Assessor’s Department Article 7 Account No.: 001-1355-4740, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Assessor,
Town Counsel and/or Town Supervisor to take any action necessary to effectuate the terms of
this Resolution.
th
Duly adopted this 19 day of August, 2002, by the following vote:
AYES : Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Stec
NOES : None
ABSENT : Mr. Turner