260.2008
RESOLUTION AUTHORIZING ENGAGEMENT OF EMPIRE STATE
APPRAISAL CONSULTANTS, INC., TO PREPARE APPRAISAL IN
CONNECTION WITH ARTICLE 7 ASSESSMENT CASE
COMMENCED BY HOME DEPOT, INC.
RESOLUTION NO.:260, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
,
WHEREAS the Town of Queensbury is engaged in litigation with Home Depot, Inc.
regarding the real property tax assessment on its commercial property on Route 9 for the 2007
assessment year, and
,
WHEREAS the total assessed value of the property is approximately $8,700,000 and the
tax amounts in dispute are very substantial and could result in significant refunds to Home Depot
if it prevails in the litigation, and
,
WHEREAS the firm of Empire State Appraisal Consultants, Inc. (ESAC) is a reputable
and established appraisal company, with over 30 years of experience, including extensive
experience in appraising large commercial properties, and
WHEREAS, ESAC has appraised other commercial property for the Town, including the
very similar Lowe’s store, and its performance and services have been entirely satisfactory and
have materially contributed to the Town’s success in past tax assessment litigation, including a
favorable Court decision the litigation on the Lowe’s property, and
WHEREAS, ESAC has estimated that its fee to prepare preliminary and final appraisals
for the Town’s use in settlement discussions and litigation would not exceed $4,000 for a
preliminary appraisal and not exceed an additional $4,000 for a final, trial-ready appraisal, if
necessary, (for a total not to exceed $8,000), and
WHEREAS, representatives of the Queensbury Union Free School District approve of
retaining ESAC and will recommend that the School Board formally authorize retaining ESAC to
perform the needed appraisal work at costs not to exceed those estimated, with the costs to be
shared equally by the Town and the School District, and such authorization by the School Board
is expected, and
WHEREAS the Assessor and Town Counsel recommend that ESAC be retained to
provide the necessary appraisal services at costs not to exceed those estimated, with the costs to
be divided equally between the Town and the Queensbury Union Free School District,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Empire
State Appraisal Consultants, Inc. (ESAC) to prepare a preliminary appraisal and, if necessary, a
final appraisal of the Home Depot property, with the costs for such preliminary appraisal not to
exceed $4,000 and the cost of a final appraisal, if necessary, not to exceed $4,000 (for a total not
to exceed of $8,000), which costs shall be divided equally between the Town and the Queensbury
Union Free School District, with the Town’s portion to be paid from the Assessor’s Department
Article 7 Account No.: 001-1355-4740, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Assessor,
Town Counsel and/or Town Supervisor to take any action necessary to effectuate the terms of
this Resolution.
th
Duly adopted this 5 day of May, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT : None
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