449.2002
RESOLUTION AUTHORIZING ENGAGEMENT OF EMPIRE STATE
APPRAISAL CONSULTANTS, INC. TO PREPARE APPRAISAL IN
CONNECTION WITH ARTICLE 7 ASSESSMENT CASES COMMENCED
BY DOUGLAS MABEY/EXIT 18 BUSINESS PARK
RESOLUTION NO.: 449. 2002
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
,
WHEREAS the Town is engaged in litigation with Douglas Mabey/Exit 18 Business Park located
on Big Boom Road, regarding real property tax assessments on certain parcels of real property
(tax map no.’s: 309.17-1-22 and 309.17-1-23.1) for the years 1998 through 2002, and
,
WHEREAS the combined total assessed value of the properties for each of the years in
question is approximately $1,426,900 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 $5,500 and its fee for a final, trial-ready appraisal, if necessary, not to exceed $5,500 (for
a total of $11,000), with the costs of ESAC’s work to be shared equally by the Town and the
Queensbury Union Free School District, and
WHEREAS, Queensbury Union Free School District counsel recommends 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 and directs engagement
of Empire State Appraisal Consultants, Inc. (ESAC) to prepare a preliminary appraisal and, if
necessary, a final appraisal of the Douglas Mabey/Exit 18 Business Park properties for the years
1998 through 2002 for the Town’s use in property tax assessment litigation, with the cost for
such preliminary appraisal not to exceed $5,500 and the cost of a final appraisal, if necessary, not
to exceed $5,500 (for a total of $11,000), 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 4 day of November, 2002, by the following vote:
AYES : Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES : None
ABSENT : None