Loading...
224.2011 Article 7 Lowes & Quaker Village RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY QUAKER VILLAGE DEVELOPMENT CORP. AND LOWE’S HOME CENTERS, INC. RESOLUTION NO.: 224, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Quaker Village Development Corp., and Lowe’s Home Centers, Inc., (Petitioners) previously commenced Article 7 Real Property Assessment Review cases against the Town for tax years 2004/05, 2005/06, 2006/07, 2007/08, 2008/09, 2009/10 and 2010/11 concerning the assessment on a parcel of commercial property located at 251 Quaker Road, Queensbury (Tax Map No.:296.20-1-50.1)), and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, the Glens Falls City 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 Quaker Village Development Corp., and Lowe’s Home Centers, Inc., (Petitioners) as follows: ORIGINAL ASSESSED STIPULATED ASSESSED TAX YEAR VALUATION VALUATION NET REDUCTION 2004/05 $8,729,300 $8,729,300 $0 2005/06 $7,886,400 $7,866,400 $0 2006/07 $9,256,000 $9,256,000 $0 2007/08 $9,256,000 $9,000,000 $256,000 2008/09 $9,256,000 $9,000,000 $256,000 2009/10 $9,256,000 $9,000,000 $256,000 2010/11 $9,256,000 $9,000,000 $256,000 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest, unless interest is ordered by the Court or refunds are paid more than forty-five (45) days after service upon the Warren County Treasurer of the filed Order approving the settlement, under which circumstances interest shall be paid as ordered by the Court or as required by law, BE IT FURTHER, RESOLVED, that in accordance with Real Property Tax Law (RPTL) §727, the assessment on the subject property shall be $9,000,000 on the 2011 Assessment Roll and shall remain at $9,000,000 for the 2012 and 2013 Assessment Rolls unless subject to revision in accordance with the provisions of RPTL §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 settlement in accordance with the terms of this Resolution. th Duly adopted this 11 day of July, 2011, by the following vote: 2 AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None 3