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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