106.2009
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7
REAL PROPERTY ASSESSMENT CASES COMMENCED BY TOP OF
THE WORLD GOLF RESORT, INC., JIM FEENEY; LOST CHALETS,
LLC; TOP OF THE WORLD WATER CO., INC.; AND
TOP OF THE WORLD SEWER CO., INC.
RESOLUTION NO.: 106, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, Top of the World Golf Resort, Inc., Jim Feeney, Lost Chalets, LLC, Top of
the World Water Co., Inc., and Top of the World Sewer Co., Inc., (Top of the World) previously
commenced Article 7 Real Property Assessment Review cases in 2005 and 2006 against the
Town of Queensbury concerning the assessment on certain properties located at 441 Lockhart
Mountain Road, Town of Queensbury – Tax Map Nos.:252-1-5.1, 252-1-6, 252-1-12, 252-1-
, (
13.1, 252-1-13.2, 252-1-15, 252-1-16, 252-1-18, 252-1-19, 252-1-27 and 265-1-53hereinafter
the “Property”), and
WHEREAS, the Town Assessor has reviewed the cases with Town Counsel and the
Assessor has recommended a settlement proposal to the Town Board, and
WHEREAS, it is anticipated that the Lake George Central School District will approve
the proposed settlement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the
pending Article 7 proceedings filed by Top of the World Golf Resort, Inc., Jim Feeney, Lost
Chalets, LLC, Top of the World Water Co., Inc., and Top of the World Sewer Co., Inc., (Top of
the World) as follows:
1.The assessments on the Property on the 2005 and 2006 assessment rolls shall be
set as follows:
441 Lockhart Mountain Road, Town of Queensbury - Tax Map No.: 252-1-5.1:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $459,700 $39,500
2006 $459,700 $39,500
441 Lockhart Mountain Road, Town of Queensbury - Tax Map No.: 252-1-6:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $185,500 $5,000
2006 $185,500 $5,000
441 Lockhart Mountain Road, Town of Queensbury - Tax Map No.: 252-1-12:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $94,200 $94,200
2006 $94,200 $94,200
441 Lockhart Mountain Road, Town of Queensbury - Tax Map No.: 252-1-13.1:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $369,600 $12,800
2006 $369,600 $12,800
441 Lockhart Mountain Road, Town of Queensbury - Tax Map No.: 252-1-13.2:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $27,600 $27,600
2006 $27,600 $27,600
441 Lockhart Mountain Road, Town of Queensbury - Tax Map No.: 252-1-15:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $1,113,000 $865,000
2006 $1,323,000 $865,000
441 Lockhart Mountain Road, Town of Queensbury - Tax Map No.: 252-1-16:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $25,000 $3,800
2006 $25,000 $3,800
441 Lockhart Mountain Road, Town of Queensbury - Tax Map No.: 252-1-18:
ASSESSMENT ROLL CURRENT ASSESSMENT REVISED ASSESSMENT
2005 $227,300 $429,600
2006 $723,000 $429,600
441 Lockhart Mountain Road, Town of Queensbury - Tax Map No.: 252-1-19:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $75,500 $5,000
2006 $75,500 $5,000
441 Lockhart Mountain Road, Town of Queensbury - Tax Map No.: 252-1-27:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $81,000 $9,000
2006 $81,000 $9,000
441 Lockhart Mountain Road, Town of Queensbury - Tax Map No.: 265-1-53:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $38,100 $5,000
2006 $38,100 $5,000
2. That, as part of the negotiated settlement of these proceedings, the assessments of
the following parcels, also owned by Top of the World but which were not subject to these
proceedings, shall be set as follows:
Lands of Lost Chalets, LLC - Tax Map No.: 252.39-1-8:
ASSESSMENT ROLL CURRENT ASSESSMENT REVISED ASSESSMENT
2005 $5,700 $142,400
2006 $242,400 $142,400
Lands of Lost Chalets, LLC - Tax Map No.: 252-1-9:
ASSESSMENT ROLL CURRENT ASSESSMENT REVISED ASSESSMENT
2005 $17,700 $17,700
2006 $17,700 $17,700
“Fischer Parcels” - Tax Map Nos.: 265-1-52 and 252-1-8, 10, 11, 14 and 54
(Combined total assessment after exemptions):
ASSESSMENT ROLL CURRENT ASSESSMENT REVISED ASSESSMENT
2005 $340,600 $340,600
2006 $340,600 $340,600
These parcels shall not be subject to refund of over-payment or demand for payment of any
under-payment of taxes caused by this reassessment.
3. The total taxable assessment for all properties of Petitioners shall be as follows:
TOTAL ASSESSMENT CURRENT ASSESSMENT REDUCED ASSESSMENT
ROLL
2005 $3,060,700 $1,997,200
2006 $4,002,600 $1,997,200
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs that any over-payment of taxes
based upon the assessments prior to reduction for the years 2005 and 2006 shall be refunded,
without penalty or interest, by the Town (and School District) in amounts proportionate to
receipt and such refunds shall be paid within forty-five (45) days after service upon the taxing
authorities of the Order approving settlement with Notice of Entry, however, there will be no
refunds for the properties identified in paragraph 3 above, for which no Petitions were filed, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Assessor, Town 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.
rd
Duly adopted this 23 day of March, 2009 by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None