319.2001
RESOLUTION AUTHORIZING ENGAGEMENT OF EMPIRE STATE
APPRAISAL CONSULTANTS, INC. TO PREPARE APPRAISALS IN
CONNECTION WITH ARTICLE 7 ASSESSMENT CASES COMMENCED
BY PYRAMID COMPANIES, INC.
RESOLUTION NO.: 319, 2001
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
,
WHEREAS Pyramid Companies, Inc., (Pyramid) has commenced litigation against the
Town of Queensbury regarding real property tax assessments on the Aviation Mall for the years
1997 to 2000, and
,
WHEREAS the firm of Empire State Appraisal Consultants, Inc. (ESAC) is a reputable
and established appraisal company, with 26 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 $8,000 and its fee for a final, trial-ready appraisal, if necessary, not to exceed $12,000 (for
a maximum total of $20,000), with the costs of ESAC’s work to be shared equally by the Town
and the Queensbury Union Free School District, and
,
WHEREAS the Queensbury Union Free School District has approved engagement of the
services of ESAC to perform the needed appraisal work on the stated terms and recommends that
the Town similarly provides its approval, and
,
WHEREAS the Assessor and Town Counsel recommend that the Town Board engage
the services of ESAC to provide the necessary appraisal services on the proposed terms with the
cost for such appraisal services 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 Aviation Mall properties for the Town’s use in connection with litigation
with Pyramid Companies, Inc., with the cost for such preliminary appraisal not to exceed $8,000
and the cost of a final appraisal, if necessary, not to exceed $12,000 (for a maximum total of
$20,000), 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 6 day of August, 2001, by the following vote:
AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES : None
ABSENT : Mr. Martin