359.2009
RESOLUTION AUTHORIZING SETTLEMENT OF
PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT
CASES COMMENCED BY TRY-IT DISTRIBUTING
COMPANY, INC. AND NDC REALTY, LLC
RESOLUTION NO.: 359, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Try-It Distributing Company, Inc. was a tenant at the property located on
319 Corinth Road, Queensbury (Tax Map No.: 308.16-2-4) and previously commenced Article 7
Real Property Assessment Review cases against the Town for tax years 2006/07, 2007/08 and
2008/09 concerning assessments on such commercial property, and
WHEREAS, NDC Realty, LLC, the property owner, commenced an Article 7 Real
Property Assessment Review case against the Town concerning the assessment on the property
for tax year 2009/10, and
WHEREAS, the Town Assessor has recommended settlement proposals to the Town
Board and the Town Board has reviewed the cases with Town Counsel, and
WHEREAS, it is anticipated that the Queensbury Union Free School District will approve the
proposed settlements at its next School Board meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending
Article 7 proceedings filed by Try-It Distributing Company, Inc., as follows:
Tax Year Current AV Proposed AV Reduction
2006/07 2,690,100 2,195,457 494,643
2007/08 2,690,100 1,935,500 754,600
2008/09 2,690,100 1,788,500 901,600
and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending
Article 7 proceeding filed by NDC Realty, LLC, as follows:
Tax Year Current AV Proposed AV Reduction
2009/10 2,690,100 1,900,000 790,100
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs payment of any and all refunds,
with interest if ordered by the Court, within sixty (60) days after service upon the Warren County
Treasurer of the filed Orders approving the settlements, and
BE IT FURTHER,
RESOLVED, that the assessment on the property shall remain at $1,900,000 on the next three
(3) assessment rolls unless the assessment is subject to revision in accordance with New York State
Real Property Tax Law §727, 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 settlements in accordance with the terms of this
Resolution.
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th
Duly adopted this 16 day of November, 2009, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
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