135.2011 Article 7 Northway Plaza
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY NORTHWAY PLAZA ASSOCIATES, LLC
RESOLUTION NO.: 135, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Northway Plaza Associates, LLC, (Petitioner) previously commenced Article 7
Real Property Assessment Review cases in 2008, 2009 and 2010 against the Town of Queensbury
concerning the assessments on a parcel property located at 820 Route 9, Town of Queensbury, further
(
identified as Tax Map No.:296.18-1-47, hereinafter 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, counsel for the Queensbury Union Free School District advises that District
officials will recommend that the School Board 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 Northway Plaza Associates, LLC,such that the assessments on the
Property shall be revised as follows:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2008 $10,266,000 $6.900,000
2009 $10,266,000 $6,500,000
2010 $10,266,000 $6,200,000
and
BE IT FURTHER,
RESOLVED, that the assessment on the Property for the final 2011 Assessment Roll shall
be $5,500,000, which shall remain effective for the 2012, 2013 and 2014 Assessment Rolls,
subject to the exceptions provided for in Real Property Tax Law §727, 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 Petitioner serves a copy of the
filed Court Order, with Notice of Entry, approving the settlement on the Warren County
Treasurer, and
BE IT FURTHER,
RESOLVED, that the Town Board 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.
th
Duly adopted this 4 day of April, 2011 by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None