277.2013 Art. 7Leuci RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY JOSEPH LEUCI AND MARIA LEUCI
RESOLUTION NO.: 277,2013
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, Joseph Leuci and Maria Leuci, (Petitioners) previously commenced Article 7
Real Property Assessment Review cases in 2011 and 2012 against the Town of Queensbury
concerning the assessments on four(4)parcels of property as follows:
TAX MAP NO. PROPERTY LOCATION
301.13-1-1.2 9 Mountainside Drive
301.13-1-3 14 Mountainside Drive
301.13-1-1.1 Mountainside Drive
296.9-1-7.2 1110 State Route 9
(hereinafter the"Properties"), 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, counsel for the Queensbury Union Free School District and the Lake George
Central School District advise they anticipate District officials in both Districts will recommend that the
School Boards approve 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 Joseph Leuci and Maria Leuci, such that the 2011 Petition will be
discontinued, without revisions or refunds, and the 2012 final assessments on the Properties shall
be revised as follows:
YEAR TAX MAP PROPERTY ORIGINAL REVISED
NO. LOCATION ASSESSMENT ASSESSMENT
2012 301.13-1-1.2 9 Mountainside Drive $489,200 $450,000
2012 301.13-1-3 14 Mountainside Drive $134,800 $115,000
2012 301.13-1-1.1 Mountainside Drive $36,000 $36,000
2012 296.9-1-7.2 1110 State Route 9 $732,200 $732,100
and
BE IT FURTHER,
RESOLVED, that in accordance with Real Property Tax Law §727, the Revised
Assessments on the Properties for the final 2012 Assessment Roll shall remain effective for the
2013, 2014 and 2015 Assessment Rolls, subject to the exceptions provided for in Real Property
Tax Law §727, including the exception that would apply in the event of a Town-wide revaluation,
and
BE IT FURTHER,
RESOLVED, that if the Town completes a Town-wide revaluation any time prior to the
filing of the 2015 Assessment Roll, the Town shall use the following amounts as the respective
Fair Market Values in calculating the assessed values of the Properties for purposes of such
Town-wide revaluation and subsequent Assessment Roll(s) through and including the 2015
Assessment Roll:
FAIR MARKET
TAX MAP NO. PROPERTY LOCATION VALUE
301.13-1-1.2 9 Mountainside Drive $548,800
301.13-1-3 14 Mountainside Drive $140,200
301.13-1-1.1 Mountainside Drive $43,900
296.9-1-7.2 1110 State Route 9 $892,800
and
BE IT FURTHER,
RESOLVED, except for Parcel No.: 296.9-1-7.2, for which no refund will be claimed or
paid, the Town Board authorizes and directs payment of any and all refunds of excess taxes paid
by Petitioners, based upon the 2012 Revised Assessments as set forth above. Such refunds shall
be paid without interest, provided they are issued within sixty (60) days after Petitioner serves a
copy of the filed Court Order approving the settlement, with Notice of Entry, on the Warren
County Treasurer, and
BE IT FURTHER,
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 17th day of June, 2013 by the following vote:
AYES Mr. Montesi,Mr.Metivier,Mr. Clements,Mr. Strough,Mr. Brewer
NOES : None
ABSENT: None