154.2011 Art. 7 Asess.AmerTwr.
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASE
COMMENCED BY AMERICAN TOWER CORPORATION
RESOLUTION NO.: 154, 2011
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, American Tower Corporation (Petitioner) previously commenced an Article 7
Real Property Assessment Review case in 2010 against the Town of Queensbury concerning the
assessment on property located at 1 Abbey Lane, Queensbury, identified as Tax Map No.: 302.9-1-
(
29./608, “Property”), and
WHEREAS, the Town Assessor has reviewed the case with Town Counsel and 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 proceeding filed by American Tower Corporation such that the assessment on the Property
shall be revised as follows:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2010 $200,000 $148,500
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 in accordance with Real Property Tax Law §727, the Reduced
Assessment shall be effective for the 2011, 2012 and 2013 Assessment Rolls unless one of the
exceptions to §727 becomes applicable, 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 18 day of April, 2011 by the following vote:
AYES : Mr. Stec, Mr. Montesi, Mr. Brewer
NOES : None
ABSENT: Mr. Metivier, Mr. Strough