156.2001
RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT AND
RELEASE WITH NIAGARA MOHAWK POWER CORPORATION
CONCERNING STREET LIGHT OVER-BILLINGS
RESOLUTION NO.: 156, 2001
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. James Martin
WHEREAS, by Resolution No.: 373.98, the Queensbury Town Board authorized Cost
Control Associates to audit the Town of Queensbury’s electric, natural gas and telephone utilities as
previous audits had resulted in significant recovery of past over-billings as well as reductions in
ongoing utility billings, and
WHEREAS, Cost Control Associates has advised the Town that it has identified $147,345 in
street light over-billings by Niagara Mohawk Power Corporation and has successfully negotiated with
Niagara Mohawk to refund these over-billings, and
WHEREAS, the Town and Niagara Mohawk wish to settle their dispute, and
WHEREAS, a proposed Settlement Agreement and Release has been presented at this meeting
and is in form approved by Town Counsel, and
WHEREAS, Cost Control Associates has recommended that the Town Board approve the
proposed Settlement Agreement and Release,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
Settlement Agreement and Release with Niagara Mohawk Power Corporation presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby accepts in full satisfaction of past street lighting
billing errors, a refund in the gross amount of $147,345, the Town to receive approximately $118,500
of this amount and Cost Control Associates to receive approximately $28,845 as its share, consisting of
the following amounts by street lighting district:
District Name Account Number Refund Amount
General 99538-78100 $ 61,024
Fort Amherst 46738-81102 $ 544
South 04938-81100 $ 1,037
North 54738-80102 $ 83,258
West 91738-82104 $ 1,482
TOTAL – ALL DISTRICTS $147,345
and
BE IT FURTHER,
RESOLVED, that each such District shall pay its proportionate share for Cost Control
Associates’ services from such refund amount, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Settlement Agreement and Release with Niagara Mohawk Power Corporation in the form
substantially presented at this meeting and take such other and further action necessary to effectuate
the terms of this Resolution.
nd
Duly adopted this 2 day of April, 2001 by the following vote:
AYES : Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner
NOES : None
ABSENT: Mr. Stec