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