540.2003
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7
REAL PROPERTY TAX ASSESSMENT CASE COMMENCED BY
DOUGLAS MABEY & EXIT 18 BUSINESS PARK, INC.
RESOLUTION NO.: 540, 2003
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, Douglas L. Mabey and a corporation owned by him, Exit 18 Business Park,
Inc., previously commenced Article 7 Real Property Assessment Review cases against the Town
of Queensbury concerning certain commercial property located on Big Boom Road identified by
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tax map parcel nos.: 137-2-4.1 and 137-2-4.3 for the 199899, 199900 and 2000/01 tax years
and the same property by tax map parcel numbers 309.17-1-23.1 and 309.17-1-22 for the
2001/02 tax year, and
WHEREAS, by Resolution No. 157,2003, the Town Board authorized settlement of those
cases, and
WHEREAS, Douglas L. Mabey and Exit 18 Business Park subsequently filed an Article
/
7 Real Property Assessment Review case on the same parcelsfor the 200304 tax year, and
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WHEREAS, Douglas L. Mabey and Exit 18 Business Park propose to settle the 200304
case upon a reduction of $58,500 in the assessment of each parcel at issue, being the same
amount of assessment reductions on which the cases for the prior tax years were settled, and
WHEREAS, the Assessor has recommended settling the 2003/04 case upon the proposed
terms, which would constitute the same amount of assessment reductions on which the cases for
the prior years were settled, and
WHEREAS, the Town Board has reviewed the cases with Town Counsel, and
WHEREAS, counsel for the Queensbury Union Free School District has advised that the
District administrators will recommend that the School Board approve the proposed settlement
and School Board approval is expected,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the
pending Article 7 case against the Town of Queensbury by Douglas L. Mabey and Exit 18
Business Park, Inc., concerning certain commercial property located on Big Boom Road (tax
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map parcel nos.: 309.17-1-23.1 and 309.17-1-22) for the 200304 tax year in accordance with the
following revised assessment values:
Tax Map Parcel No.: 309.17-1-22 309.17-1-23.1
Original Assessed Value: $702,900 $769,000
Revised Assessed Value: $644,400 $710,500
Reduction: $ 58,500 $ 58,500
and
BE IT FURTHER,
RESOLVED, that if the Court Order directing that the assessments on the subject parcels
be revised in accordance with this Resolution is not received by the County Treasurer in time to
revise the 2004 Town and County tax bills before they are issued, and Mabey and Exit 18 pay
,
2004 Town and County taxes based upon the Original Assessed Values shown abovethe Town
Board authorizes and directs that payment of the necessaryrefunds, without interest, shall be
made to Douglas L. Mabey and Exit 18 Business Park, Inc., within forty-five (45) days from the
,
date that a Demand for Refunds, with Court Order is served upon the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that in accordance with applicable law, this settlement shall fix the
assessments of the parcels identified as tax map parcel no. 309.17-1-23.1 and 309.17-1-22 at
$710,500 and $644,400, respectively, through the 2006/07 tax year unless Petitioners make a
change to one or both of the properties 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 15 day of December, 2003, by the following vote:
AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES: None
ABSENT:None