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359.2009 RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY TRY-IT DISTRIBUTING COMPANY, INC. AND NDC REALTY, LLC RESOLUTION NO.: 359, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Try-It Distributing Company, Inc. was a tenant at the property located on 319 Corinth Road, Queensbury (Tax Map No.: 308.16-2-4) and previously commenced Article 7 Real Property Assessment Review cases against the Town for tax years 2006/07, 2007/08 and 2008/09 concerning assessments on such commercial property, and WHEREAS, NDC Realty, LLC, the property owner, commenced an Article 7 Real Property Assessment Review case against the Town concerning the assessment on the property for tax year 2009/10, and WHEREAS, the Town Assessor has recommended settlement proposals to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, it is anticipated that the Queensbury Union Free School District will approve the proposed settlements at its next School Board meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 proceedings filed by Try-It Distributing Company, Inc., as follows: Tax Year Current AV Proposed AV Reduction 2006/07 2,690,100 2,195,457 494,643 2007/08 2,690,100 1,935,500 754,600 2008/09 2,690,100 1,788,500 901,600 and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 proceeding filed by NDC Realty, LLC, as follows: Tax Year Current AV Proposed AV Reduction 2009/10 2,690,100 1,900,000 790,100 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds, with interest if ordered by the Court, within sixty (60) days after service upon the Warren County Treasurer of the filed Orders approving the settlements, and BE IT FURTHER, RESOLVED, that the assessment on the property shall remain at $1,900,000 on the next three (3) assessment rolls unless the assessment is subject to revision in accordance with New York State Real Property Tax Law §727, 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 settlements in accordance with the terms of this Resolution. 2 th Duly adopted this 16 day of November, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 3