2.19 2.19
SERVICESTegal Services—Fitzgerald Morris—Coughtry Supreme Cotut Action—1-22-18
RESOLUTION AUTHORIZING ENGAGEMENT OF FITZGERALD
MORRIS BAKER FIRTH, P.C. FOR PROVISION OF LEGAL SERVICES
SPECIFICALLY PERTAINING TO SUPREME COURT ACTION TOWN OF
QUEENSBURY V TIMOTHY COUGHTRY, KIMBERLY MARIANI AND JO
ANN COUGHTRY (INDEX NO.: 64200)
RESOLUTION NO.: ,2018
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 191,2017, the Queensbury Town Board authorized
commencement of a Supreme Court Action concerning property located at 32 Brayton Road in the
Town of Queensbury owned by Timothy Coughtry and Kimberly Mariani to compel compliance with
any and all applicable Town Code and State Code provisions, and
WHEREAS, wishes to engage the services of Fitzgerald Morris Baker Firth, P.C. for legal
services specifically pertaining to such Supreme Court Action Town of Queensbury v Timothy
Coughtry, Kimberly Mariani and Jo Ann Coughtry(Index No.: 64200),
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of
the legal services of Fitzgerald Morris Baker Firth, P.C. (FMBF) for legal services specifically
pertaining to Supreme Court Action Town of Queensbury v Timothy Coughtry, Kimberly Mariani and
Jo Ann Coughtry (Index No.: 64200), such services to be provided at the rate of up to $200 per hour,
billed on 1/10 of an hour increments plus expenses as set forth in FMBF's January 4, 2018 email
proposal presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes that payment for these services shall be
paid for from accounts to be determined by the Town's Budget Officer and the Town Board authorizes
and directs the Town Budget Officer to amend the Town Budget or take any actions necessary to
effectuate payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute a Letter of Engagement in form acceptable to the Town Supervisor and/or any other needed
documentation, and the Town Supervisor, Director of Building and Codes Enforcement and/or Town
Budget Officer to take any other action necessary to effectuate the terms of this Resolution.
Duly adopted this 22nd day of January, 2018,by the following vote:
AYES
NOES
ABSENT:
Pamela Hunsinger
From: Dave Hatin
Sent: Thursday,January 04, 2018 4:19 PM
To: John D.Aspland
Cc: Michael Crowe;John Strough; Pamela Hunsinger
Subject: RE: Coughtry Supreme Court Action
Thanks John
Daeta qareft
Director of Building and Code Enforcement
Town of Queensbury
742 Bay Rd
Queensbury NY 12804
daveh@queensbury.net
518 761-8253
From:John D.Aspland [mailto:jda@fmbf-law.com]
Sent:Thursday,January 04, 2018 4:15 PM
To: Dave Hatin<DaveH@queensbury.net>
Cc: Michael Crowe<mc@fmbf-law.com>;John Strough<johns@queensbury.net>; Pamela Hunsinger
<pamelah@queensbury.net>
Subject: RE: Coughtry Supreme Court Action
Dave-
Our pleasure I know you and Mike put in a lot of solid time in dealing with this unique situation. Happy to help see it
through. I would be willing to use the hourly rate of MMSH,$200 per hour for attorneys and $75 per hour for
paralegals, expenses as incurred, local travel of course excluded. I saw Pam's message said an email is fine,if we need
more than this let me know.
John
From: Dave Hatin [mailto:DaveH@queensbury.net]
Sent:Thursday,January 04, 2018 4:09 PM
To:John D.Aspland<jda@fmbf-law.com>
Cc: Michael Crowe<mc@fmbf-law.com>;John Strough<johns@queensbury.net>; Pamela Hunsinger
<pamelah@oueensbury.net>
Subject: RE: Coughtry Supreme Court Action
John,
Thank you for agreeing to continue on with this case.According to the contract with MMSH their hourly rate is not to
exceed $200.00. I hope that answers your question.
Please send a formal proposal to me that I will attach to the resolution for the Town Board to approve.
1
Thanks again.
Dave
Data qatio
Director of Building and Code Enforcement
Town of Queensbury
742 Bay Rd
Queensbury NY 12804
daveh@queensbury.net
518 761-8253
From:John D.Aspland [mailto:ida@fmbf-law.com]
Sent:Thursday,January 04, 2018 3:32 PM
To: Michael Crowe<mc@fmbf-law.com>
Cc: Dave Hatin<DaveH@queensbury.net>
Subject: RE:Coughtry Supreme Court Action
Dave-
We can agree to do this given the conflict MMSH would have. Can you tell me what Miller Mannix is getting per hour on
the litigation ?
John
From: Michael Crowe
Sent:Thursday,January 04, 2018 3:17 PM
To:John D. Aspland<ida@fmbf-law.com>
Subject: Fwd:Coughtry Supreme Court Action
FYI-
Michael Crowe, Esq.
FitzGerald Morris Baker Firth, P.C.
Sent from iPhone
Begin forwarded message:
From: Dave Hatin<DaveH@queensbury.net>
Date:January 4,2018 at 11:36:52 AM EST
To: Michael Crowe<mc@fmbf-law.com>
Cc: Pamela Hunsinger<pamelah@queensbury.net>
Subject: FW: Coughtry Supreme Court Action
Mike,
Attached is a resolution for you to continue the litigation against Coughtry. Please provide us with the
hourly rate.
Please contact me to provide an update on where we are as there is upcoming dates in February.
2
Thanks
Dave
Director of Building and Code Enforcement
Town of Queensbury
742 Bay Rd
Queensbury NY 12804
daveh@queensbury.net
518 761-8253
From: Pamela Hunsinger
Sent:Thursday,January 04, 2018 11:28 AM
To: Dave Hatin<DaveH@queensbury.net>
Subject:Coughtry Supreme Court Action
Dave,
As requested,attached for your review is a draft Resolution authorizing engagement of FMBF
concerning the Coughtry matter. I would recommend running this by Supervisor Strough to be sure it is
okay with him, and then you could reach out to FMBF(Mike Crowe and/or John Aspland)to see if they
wish to do this work for the Town and if so, request they submit to us a proposal for such services. Such
proposal can be just via email—as long as we have something in writing.
Any questions, please let me know.
Thanks,
Pam
Pamela A.Hunsinger,Legal Assistant
TOWN OF QUEENSBURY
Town Counsel's Office
742 Bay Road
Queensbury,New York 12804
(518)761-8251
(518)745-4408-Facsimile
3
RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION TO ENFORCE CODE AGAINST
NON-COMPLIANT PROPERTY-32 BRAYTON ROAD
RESOLUTION NO.: 191,2017
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS, Timothy Coughtry and Kimberly Marian are believed to be the owners of
property located 32 Brayton Road in the Town of Queensbury, and
WHEREAS, construction of a new structure had been commenced on the property without
first obtaining a building permit,and
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement
(Director) issued a letter of non-compliance on March 2, 2017 requiring the owner to obtain the
necessary approvals or to remove the structure, and
WHEREAS, the owner has since failed to obtain the administrative approvals necessary for
a building permit to be issued and has not removed the structure, and
WHEREAS,the structure is in violation of Town Code and State Residential Building Code
requirements, and
WHEREAS, despite reasonable efforts to bring about voluntary compliance, the property
remains in a condition which violates the Town Code and State Residential Building Codes, and
WHEREAS,the Town is authorized to enforce State Residential Building Codes,
NOW, THEREFORE,BE IT
f
RESOLVED, that the Queensbury Town Board hereby authorizes commencement of a
Supreme Court Action concerning the 32 Brayton Road property in the Town of Queensbury to
compel compliance with any and all applicable Town Code and State Code provisions together
with a request for costs and expenses associated with litigation, and
BE IT FURTHER
RESOLVED, that the Supreme Court Action may be commenced against any and all
persons believed to have any legal interest in the property and/or any obligation to remedy the
violations, and
BE IT FURTHER
RESOLVED,that the Town Board further authorizes and directs the Town's Budget Officer
to arrange for payment of any Court and/or litigation costs related to this matter from the account(s)
deemed to be appropriate by the Budget Officer, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs Town Counsel to file
any necessary documentation to commence such Court action and the Town Supervisor, Town
Counsel, Director of Building and Codes Enforcement and/or Town Budget Officer to take any
and all action necessary to effectuate all terms of this Resolution.
Duly adopted this 3rd day of July, 2017,by the following vote:
AYES : Mr. Brewer,Mr. Strough,Mr. Metivier, Mr. Clements, Mr. Irish
NOES : None
ABSENT : None