325.2019 Authorizing Engagement of Lewis and Greer - Special Counsel - Erie Boulevard Hydropower vs TOQ Article 7 Assessment Litigation
RESOLUTION AUTHORIZING ENGAGEMENT OF LEWIS & GREER AS
SPECIAL COUNSEL PERTAINING TO ERIE BOULEVARD
HYDROPOWER, LP V TOWN OF QUEENSBURY
ARTICLE 7 ASSESSMENT LITIGATION
RESOLUTION NO.: 325, 2019
INTRODUCED BY: Mrs. Jennifer Switzer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Erie Boulevard Hydropower, LP has commenced Article 7 Real Property
Assessment Review cases against the Town of Queensbury challenging the assessments on its
Sherman Island hydropower facility, and
WHEREAS, the Town Board wishes to engage Lewis & Greer as special counsel to provide
legal services pertaining to such litigation at the rate of up to $195 per hour, as set forth in Lewis &
Greer’s September, 2019 Retainer Agreement presented at this meeting, and
WHEREAS, the Queensbury Union Free School District will split the costs of such legal
services equally with the Town,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of
Lewis & Greer as special counsel to provide legal services pertaining to the Article 7 Real Property
Assessment Review cases against the Town of Queensbury commenced by Erie Boulevard
Hydropower, LP, such services to be provided at the rate of up to $195 per hour, as set forth in Lewis
& Greer’s September, 2019 Retainer Agreement substantially in the form presented at this meeting,
with the understanding that the total cost of such legal fees will be shared equally between the Town
and the Queensbury Union Free School District, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes that such services shall be paid for from
such account(s) as may be determined to be appropriate by the Town Supervisor and Town Budget
Officer, and the Town Budget Officer shall amend the Town Budget and/or or take any other actions
necessary to effectuate payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Retainer Agreement substantially in the form presented at this meeting as well as any other
needed documentation and the Town Supervisor, Town Assessor, Town Counsel and/or Town Budget
Officer to take any other actions necessary to effectuate the terms of this Resolution.
rd
Duly adopted this 23 day of September, 2019, by the following vote:
AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone
NOES : None
ABSENT: None