144.2013 Art.7City G.F. RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASE
COMMENCED BY CITY OF GLENS FALLS
RESOLUTION NO.: 144,2013
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, the City of Glens Falls (City) owns five (5) parcels of property that comprise the
City's dams and reservoirs within the Town of Queensbury, and
WHEREAS, the City's five(5)parcels and their 2011 assessments are as follows:
Property Tax Parcel No. 2011 Assessments
Butler Pond Dam 287.-1-1 $ 737,000
Butler Storage Pond 294.-1-1 $2,831,700
Wilkie Reservoir 294.-1-5 $1,446,100
Keenan Reservoir 300.4-8 $1,360,400
Halfway Brook Dam 302.13-1-1 $ 568,200
WHEREAS, the City previously commenced litigation against the Town of Queensbury
concerning the 2011 assessments on the Parcels, and
WHEREAS, there have been discussions between the Town and the City in an effort to reach a
compromise and settle the litigation, and a settlement proposal has been developed, and
WHEREAS, the Real Property Tax Law(RPTL)permits towns to provide tax exemptions for
municipally-owned parcels such as those listed above, and
WHEREAS, the Town Assessor has reviewed the proposed settlement terms and endorses the
proposed settlement, and
WHEREAS, the Queensbury Union Free School District (District)has approved the proposed
settlement terms,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending
assessment litigation filed by the City of Glens Falls against the Town of Queensbury regarding the tax
map parcels listed above on the following terms:
1. The assessments on the Parcels on the final assessment rolls of the Town of
Queensbury for the years 2013, 2014 and 2015 shall be as follows:
Property Tax Parcel No. Assessments for 2013, 2014 & 2015
Butler Pond Dam 287.-1-1 $ 674,600
Butler Storage Pond 294.4-1 $1,835,500
Wilkie Reservoir 294.-1-5 $1,446,100 (no change)
Keenan Reservoir 300.-1-8 $1,260,700
Halfway Brook Dam 302.13-1-1 $ 568,200 (no change)
and
2
2. The Parcels shall be exempt from Town property taxes (except for Special District
taxes) for each year from 2014 through and including 2023, and
3. For the assessment rolls for 2013, 2014 and 2015 the assessments listed in
Paragraph 1 shall apply even if the Town conducts a Town-wide revaluation, and
4. If the City makes improvements to any of the Parcels prior to the taxable status
dates for the Town assessment rolls for 2013, 2014 or 2015, the Town Assessor may increase the
assessment(s) on the affected Parcels(s) above the amount(s) specified Paragraph 1 to reflect the
value of the improvements, and
5. If the Parcels are improved any time before the taxable status date for the 2022
assessment roll, the affected Parcel(s) shall also be subject to Town taxes on the full amount of
the increased assessment(s) beginning the next time tax bills are regularly issued, and
5. As long as the assessments on the Parcels are set at amounts no greater than those
specified in Paragraph 1, the City shall not challenge the assessments. If the assessment on any
Parcel is set at an amount greater than the amount set forth in Paragraph 1 for that Parcel, the
City may challenge only the amount of the increase in the assessment on that Parcel, and
6. Real Property Tax Law §727 shall not apply to this settlement, and
7. For each of the Parcels, the settlement shall apply only if the City of Glens Falls
owns the Parcel, and
8. The City shall discontinue the 2011 assessment litigation against the Town and no
refunds or costs will be paid to the City by the Town or the School District, and
BE IT FURTHER,
3
RESOLVED, that the Town Board 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.
Duly adopted this 18th day of March,2013 by the following vote:
AYES Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier
NOES None
ABSENT : None
4