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374.2008 RESOLUTION AUTHORIZING PARTIAL SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES and RELATED ARTICLE 78 PROCEEDINGS COMMENCED BY 68 PROPERTY OWNERS RESOLUTION NO.: 374, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, a group of 68 Petitioners previously commenced Article 7 Real Property Assessment Review cases and related Article 78 proceedings against the Town in 2005, 2006 and 2007 challenging the assessments on their properties located within the Town, and WHEREAS, in May of this year representatives of Petitioners sought settlement discussions with the Town and such discussions were held over a period of time, with an agreement to keep them confidential in accordance with the Town’s usual practice of not commenting publicly on pending litigation, and WHEREAS, 48 of the 68 Petitioners have agreed to settle their claims and withdraw from the Article 7 and Article 78 proceedings for all years at issue and to refrain from participating in or filing any Petitions for 2008, and WHEREAS, the Petitioners who are agreeable to settling at this time are listed in attached Schedule A, along with the Tax Map Numbers of the parcels they own, and WHEREAS, the Town Assessor reviewed the cases with Town Counsel and has recommended a settlement proposal to the Town Board, and WHEREAS, under the terms of settlement no refunds will be paid to the 48 settling Petitioners by the Town, Warren County or the School Districts in which the parcels are located, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 and Article 78 proceedings for 2005, 2006 and 2007 as to the 48 Petitioners listed in Schedule A, which will result in assessments as shown in Schedule A, and BE IT FURTHER, RESOLVED, that the assessments set forth in Schedule A shall remain effective for the assessment rolls for 2008 through 2013 notwithstanding any revaluation, but the assessment for any parcel may be revised if that parcel is further improved or any existing improvements are significantly renovated or the parcel is sold, and BE IT FURTHER, RESOLVED, that no refunds shall be paid in connection with the settlement, 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. Duly adopted this 4th day of August, 2008 by the following vote: AYES: Mr. Montesi, Mr. Brewer, Mr. Stec, Metivier NOES: Mr. Strough ABSENT:None SCHEDULE A FOR RESOLUTION AUTHORIZING PARTIAL SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES and RELATED ARTICLE 78 PROCEEDINGS COMMENCED BY 68 PROPERTY OWNERS Parcel 2008-13 Tax Map # Owner’s Name Assessment 1 226.8-1-4 Freihofer 1,553,300 2 227.17-1-32 DeLappa 883,900 3 226.8-1-5 Alexy 1,086,600 4 226.12-1-59 Ferris 920,800 5 226.15-1-3 Englert 926,300 6 226.15-1-19 Polonsky 1,144,000 7 226.15-1-25 Pozzi 836,000 8 226.19-1-76 Pensel 457,600 9 226.19-1-87 Owen 1,230,800 10 226.19-1-88 Tobin 1,634,200 11 226.19-2-24 Hemenway 760,500 12 226.19-2-25 Shonewolf 968,000 13 227.13-2-7 Cleghorn 437,400 14 227.18-1-3 Pensel 67,600 15 239.7-1-3 Hardt 1,185,100 16 239.7-1-4 Logan 1,074,600 17 239.7-1-16 West 704,000 18 239.7-1-17 MacElroy 1,213,300 19 239.7-1-18 Ahlers 873,000 20 239.7-1-21.2 Dawson 1,846,900 21 239.7-1-24 Bernard 704,700 22 239.7-1-30 Brown 591,200 23 239.7-1-31 Shires 701,500 24 239.7-1-33 Harris 878,600 25 239.7-1-35 Thomas 1,149,700 26 239.12-2-12 Farry 1,092,400 27 239.12-2-33 Austin 575,000 28 239.15-1-6 Mackey 1,656,000 29 239.17-1-10 Farber 1,870,500 30 239.20-1-19 Rief 837,300 31 226.12-1-70 Mooney 1,137,800 32 226.15-1-4 Irish 1,059,800 33 226.15-1-18 O'Keefe 1,150,300 34 226.16-1-19 Wetherbee 672,500 35 227.13-2-15 VanSchaick 738,100 36 227.13-2-16 Black 766,400 37 227.13-2-17 Kearns 536,800 38 227.14-1-2 Dewey 736,700 39 227.14-1-3 Dewey 584,300 40 227.17-1-47 McCollister 992,600 41 227.18-1-7 Boyd 1,186,200 42 227.18-1-8 Teele 929,200 43 239.7-1-36 Watson 760,500 44 239.12-2-16 Landry 553,300 45 239.12-2-62 O'Hanlon 778,100 46 239.15-1-9 King 2,405,500 47 239.16-1-21 Simms 880,000 48 289.18-1-1 O'Keefe 651,600