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