158.2003
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7
REAL PROPERTY ASSESSMENT CASES COMMENCED BY
MARY AND WILLIAM CAREY, JOHN CAREY,
CAREY REAL ESTATE DEVELOPMENT GROUP AND
NORTHERN DISTRIBUTING COMPANY, INC.
RESOLUTION NO.: 158, 2003
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Mary and William Carey, John Carey, Carey Real Estate Development Group
and Northern Distributing Company, Inc. (Petitioners) previously commenced Article 7 Real
Property Tax Assessment Review cases against the Town of Queensbury concerning the
Northern Distributing property and adjacent parcels (tax map parcel nos.: 93-4-5; 136-1-4; 136-
1-6; 137-2-1.1; 137-2-1.2; 137-2-1.3) for the 1997, 1998, and 1999 tax years, and concerning
only the Northern Distributing property (tax map parcel no. 137-2-1.3) for the 2000, 2001 and
2002 tax years, 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 has advised that upon
Town Board approval of the proposed settlement, counsel will also recommend School Board
approval,
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 by Mary and William Carey, John Carey,
Carey Real Estate Development Group and Northern Distributing Company, Inc. concerning the
Northern Distributing property and certain adjacent parcels identified above (being tax map
parcel nos.: 93-4-5; 136-1-4; 136-1-6; 137-2-1.1; 137-2-1.2; 137-2-1.3) for the 1997, 1998, and
1999 tax years, and concerning only the Northern Distributing property (tax map parcel no. 137-
2-1.3) for 2000, 2001 and 2002, in accordance with the following:
1.There shall be no reduction or change in the assessed value of the parcels identified by
tax map parcel numbers 93-4-5; 136-1-4; 136-1-6; 137-2-1.1; or 137-2-1.2 for years
1997, 1998, or 1999 as Petitioners have agreed to discontinue all proceedings on those
parcels without any change in the assessed value of those parcels and without claim for
any refunds of tax payments made with respect to those parcels for those years;
2.The assessed values of the Northern Distributing parcel, identified as tax map parcel
number 137-2-1.3, shall be revised for tax years 1997 through and including 2002 in
accordance with the following schedule:
Tax Year: Current Assessment Revised Assessment
1997/98 $2,049,400 $1,950,000
1998/99 $2,049,400 $1,950,000
1999/00 $2,049,400 $1,950,000
2000/01 $2,049,400 $1,950,000
2001/02 $2,049,400 $1,950,000
2002/03 $2,049,400 $1,950,000
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs payment of any and all refunds
without interest to Mary and William Carey, John Carey, Carey Real Estate Development Group
and Northern Distributing Company, Inc. within forty-five (45) days from the date that a Demand
for Refunds is served upon the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that in accordance with applicable law, this settlement shall fix the assessment
of the Northern Distributing parcel, identified as tax map parcel no. 137-2-1.3, at $1,950,000
through the 2005/06 tax year unless Petitioners make a change to the property or the Town
completes a revaluation before that time, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Assessor 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 10 day of March, 2003, by the following vote:
AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES : None
ABSENT: None