226.2009
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY GLENS FALLS COUNTRY CLUB, INC.
RESOLUTION NO.:226, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Glens Falls Country Club, Inc., (Petitioner) previously commenced Article 7
Real Property Assessment Review cases in 2005 - 2008 against the Town of Queensbury concerning the
assessments on certain parcels of property located on Round Pond, Mannis and Country Club Roads,
Town of Queensbury, having Tax Map Nos.:289.18-1-37, 296.5-1-6, 296.6-1-12, 296.7-1-19 and
(
296.10-1-20,hereinafter collectively 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, the Queensbury Union Free School District has approved 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 Glens Falls Country Club, Inc.,as follows:
1.The Petitioner will discontinue the 2005 and 2006 Petitions, without refunds or
assessment reductions by the Town, and the total of the assessments on the parcels comprising the
Property shall be revised as follows on the 2007 and 2008 Assessment Rolls, with the Assessor to
allocate the reductions among the parcels as she deems appropriate:
2.The assessments on the Property on the 2005, 2006, 2007 and 2008 assessment rolls
for certain property located on Round Pond, Mannis and Country Club Roads, Town of Queensbury
– Tax Map Nos.:289.18-1-37, 296.5-1-6, 296.6-1-12, 296.7-1-19 and 296.10-1-20,the shall be set
as follows:
AGGREGATE AGGREGATE
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2007 $5,376,900 $3,100,000
2008 $5,376,900 $3,100,000
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes payment of a total Town refund, combined
for taxes based on the 2007 and 2008 Assessment Rolls, of approximately $5,250, with the final
amount of the Town’s refund to be as calculated by the Warren County Treasurer’s Office and to be
equal to the Town’s proportional share, based on tax rates, of a total combined refund of $50,000
from the Town, County and School District, with such Town refund to be paid, with interest if
ordered by the Court, within 60 days after Petitioner serves a copy of the filed Court Order, with
Notice of Entry, approving the settlement on the Warren County Treasurer, and
BE IT FURTHER,
RESOLVED, that the Aggregate Reduced Assessment of $3,100,000 shall be effective for
the 2009, 2010 and 2011 Assessment Rolls, as provided for under Real Property Tax law Section
727, subject to the exceptions provided for in Section 727, and the Assessor shall allocate the
aggregate amount among the parcels of the Property as she deems appropriate, and
BE IT FURTHER,
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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.
th
Duly adopted this 15 day of June, 2009 by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
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