325.2008
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY ROBERTS GARDENS NORTH
RESOLUTION NO.: 325, 2008
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Roberts Gardens North (“Petitioner”), previously commenced Article 7 Real
Property Assessment Review cases against the Town in 2005, 2006 and 2007 concerning the
assessment on its apartment-complex property located on Weeks Road in Queensbury (Tax Map No.:
296.17-1-41) and
WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board
and the Town Board has reviewed the cases with Town Counsel, and
WHEREAS, counsel for the Queensbury Union Free School District advises that the District’s
administrative officials endorse the proposed settlement and will recommend approval by the School
Board and such approval is anticipated,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending
Article 7 cases against the Town of Queensbury brought by Roberts Gardens North challenging the
2005, 2006, and 2007 assessments on its property, which will result in revised assessments as follows:
Assessment Current Revised
Year Tax Map No. Assessment Assessment
2005 296.17-1-41 $8,311,000 $7,700,000
2006 296.17-1-41 $8,311,000 $7,700,000
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2007 296.17-1-41 $8,311,000 $7,700,000
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs payment of any and all refunds
without interest to Petitioner within sixty (60) days from the date that a Demand for Refunds is served
upon the Town, and
BE IT FURTHER,
RESOLVED, that in accordance with New York State Real Property Tax Law §727, the
assessments on the parcel, Tax Map # 296.17-1-41, shall remain at $7,700,000 for the next three years
(2008, 2009 and 2010) unless the Town performs a Town-wide revaluation or some other exception
provided for under §727 becomes applicable to the property for the assessment rolls for those years,
and
BE IT FURTHER,
RESOLVED, that the Town Board further 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 16 day of June, 2008 by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: Mr. Strough
ABSENT:None
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