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428.2015 Settlement Property Assessment Raymond Hippele RESOLUTION AUTHORIZING SETTLEMENT OF PROPERTY ASSESSMENT CASES FILED BY RAYMOND HIPPELE RESOLUTION NO.: 428,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, Raymond Hippele ("Petitioner"), filed Article 7 Real Property Assessment Review cases against the Town of Queensbury in 2012, 2013, 2014 and 2015 challenging the 2012, 2013, 2014 and 2015 assessments on his property located at 959 State Route 9, more specifically identified by its Tax Map Number: 296.13-1-18, and WHEREAS, it appears to be in the best interests of the Town to avoid the significant costs that would result if the litigation continues and goes to trial, and WHEREAS, the Town Assessor recommends proposed settlement terms which have been negotiated with Petitioner, and WHEREAS, it is anticipated that the Queensbury Union Free School District will accept the proposed settlement terms at its Board Meeting this month, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the proposed settlement of the assessment cases filed by Raymond Hippele for 2012, 2013, 2014 and 2015 as follows: 1) The assessments for all years at issue shall be based upon a full market value of $3,350,000, which results in the following reduced assessments after application of the applicable equalization rates: Assessment Year Assessed Value Reduced Assessed Value Based Upon FMV of $3,350,000 2012 $2,958,800 $2,680,000 2013 $2,958,800 $2,747,000 2014 $2,674,300 $2,747,000* (The AV under the settlement terms is higher than the current AV. Therefore, no refunds shall be due for the 2014 assessment.) 2015 $3,579,000 $3,350,000 and 2) Refunds shall be paid based on the assessment reductions, which will result in refunds being due for the 2012 and 2013 assessments, but not for the 2014 assessment*; and 3) Section 727 of the Real Property Tax Law will apply, fixing the assessment at $3,350,000 for the 2016, 2017 and 2018 Assessment Rolls, unless the property is further improved or is destroyed or the assessment is subject to some other exception under Section 727; and 4) The 2012, 2013, 2014 and 2015 assessment challenges shall be discontinued; and BE IT FURTHER RESOLVED, that unless otherwise ordered by the Court, refunds based upon the reductions of the 2012 and 2013 assessments shall be paid without interest provided they are paid within sixty (60) days after Petitioner serves a copy of the filed Court Order approving the settlement, with Notice of Entry, on the Town and on the Warren County Treasurer, together with the necessary Demand for Payment, and BE IT FURTHER, RESOLVED, that unless otherwise ordered by the Court, the 2016 Town/County tax bill shall reflect and be calculated based upon the reduced assessed value, however, if there is insufficient time to adjust the assessed value prior to the finalization of the 2016 tax bill, the bill shall be issued and paid based upon the current 2015 assessed value and the Town shall pay the applicable refund to Petitioner to reflect the reduced assessed value within 60 days of receipt of payment in full from Petitioner, and BE IT FURTHER, RESOLVED, that approval of this Settlement Agreement is contingent upon Town Counsel's review and approval of the Stipulation of Settlement and Order, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Clerk 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. Duly adopted this 9h day of December, 2015, by the following vote: AYES Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Metivier, Mr. Irish