233.2021 Settlement of Assessment Case by Erie Boulevard Hydopower
RESOLUTION AUTHORIZING SETTLEMENT OF
PROPERTY ASSESSMENT CASES FILED BY
ERIE BOULEVARD HYDROPOWER, L.P.
RESOLUTION NO.: 233, 2021
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, Erie Boulevard Hydropower, L.P. (“Petitioner”), filed Article 7 Real
Property Assessment Review cases against the Town of Queensbury challenging the 2015
through 2020 assessments on real property located at Sherman Island on the Hudson River, in the
Town of Queensbury, New York (Tax Map Parcel # 315.-1-9.6), and
WHEREAS, it appears to be in the best interests of the Town to avoid the significant
costs that would result if the litigation continues and goes to trial, and
WHEREAS, the Town Assessor now recommends proposed settlement terms which have
been negotiated with Petitioner, and
WHEREAS, the School District has already approved the proposed settlement terms,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the proposed settlement of
the tax assessment cases filed by Erie Boulevard Hydropower, L.P. as follows:
1) The 2015, 2016, 2017, 2018, 2019 and 2020 Proceedings shall be discontinued.
2) A total lump sum payment of $100,000 shall be paid to Erie Boulevard Hydropower,
L.P. by the taxing jurisdictions apportioned among them based upon their recent tax
rates, with the Town’s portion of the payment (including Town Special Districts, but
not the including Library District) to be approximately $8,100.
3) The assessed value for Tax Map Parcel # 315.-1-9.6 shall be fixed at $40,807,000 for
the 2021 through 2030 assessment rolls and may only be subject to change in limited
circumstances, such as where there are substantial physical changes at the property or
changes to the taxing jurisdictions taxation structures.
and
BE IT FURTHER,
RESOLVED, that approval of this settlement agreement is contingent upon Special Counsel
(Lewis & Greer, P.C.) and Town Counsel’s review and approval of the Consent Order and
Settlement Stipulation, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Assessor, Town Clerk, Special Counsel 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 12 day of July, 2021, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: Mr. McNulty