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105.2009 RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY MICHAEL CANTANUCCI RESOLUTION NO.:105, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Michael Cantanucci previously commenced Article 7 Real Property Assessment Review cases in 2005 - 2008 against the Town of Queensbury concerning the assessment on certain property located at 39 Brayton Lane, Town of Queensbury – Tax Map Nos.:239.12-2-70 and 239.12- , ( 2-89.2hereinafter the “Property”), and WHEREAS, the Town Assessor has reviewed the cases with Town Counsel and the Assessor has recommended a settlement proposal to the Town Board, and WHEREAS, it is anticipated that the Lake George Central School District will approve the proposed settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 proceedings filed by Michael Cantanuccias follows: 1.The assessments on the Property on the 2005, 2006, 2007 and 2008 assessment rolls shall be set as follows: 39 Brayton Lane, Town of Queensbury - Tax Map No.: 239.12-2-70: ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT 2005 $4,500,000 $3,900,000 2006 $4,500,000 $3,800,000 2007 $4,500,000 $3,700,000 2008 $4,500,000 $3,600,000 39 Brayton Lane, Town of Queensbury - Tax Map No.: 239.12-2-89.2: ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT 2005 $117,000 $117,000 2006 $117,000 $117,000 2007 $117,000 $117,000 The provisions of Real Property Tax Law Section 727 (RPTL §727) shall apply only to that portion of the Property identified by Tax Map No. 239.12-2-70, meaning that subject to the provisions of RPTL §727, the assessed valuation of the parcel identified by Tax Map No. 239.12- 2-70, appearing on the 2009, 2010 and 2011 assessment rolls, shall be $3,600,000. and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that any over-payment of taxes based upon the assessments prior to reduction for the years 2005, 2006, 2007 and 2008 shall be refunded, without penalty or interest, by the Town (and School District) in amounts proportionate to receipt and such refunds shall be paid within forty-five (45) days after service upon the taxing authorities of the Order approving settlement with Notice of Entry, 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 2 Resolution. rd Duly adopted this 23 day of March, 2009 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 3