087.2003
RESOLUTION AUTHORIZING ENGAGEMENT OF MAINSTREAM
ASSOCIATES TO PROVIDE APPRAISAL OF PROPERTY DESIGNATED
AS SHERMAN ISLAND HYDROELECTRIC PLANT IN CONNECTION
WITH TAX ASSESSMENT PROCEEDINGS COMMENCED BY NIAGARA
MOHAWK POWER CORPORATION
RESOLUTION NO.: 87, 2003
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Niagara Mohawk Power Corporation and its successors have commenced Article
7 Real Property Tax Assessment Proceedings against the Town of Queensbury concerning the
Sherman Island Hydroelectric Plant, and
WHEREAS, by Court Order, the Town must file a comprehensive appraisal of the property
with the Warren County Supreme Court for tax years 1994-2001, and
WHEREAS, the Town previously engaged the services of MDI Associates, LLC to provide
such appraisal but wishes to obtain an alternative appraisal, and
WHEREAS, Mainstream Associates has offered to provide a limited-scope appraisal of the
property for the 1994-2001 tax years for an amount not to exceed $15,000, not including expenses
related to preparing for trial and providing expert witness testimony, if necessary, which services would
be billed at the rate of $225 per hour, and
WHEREAS, the costs of Mainstream Associate’s work will be shared equally by the
Town and the Queensbury Union Free School District, and
WHEREAS, Queensbury Union Free School District counsel recommends that the School
Board approve retaining Mainstream Associates to perform the needed appraisal work on the stated
terms, with the costs to be shared equally by the Town and the School District, and such approval by
the School Board is expected, and
WHEREAS, the Town Assessor has recommended that the Town Board engage the services
of Mainstream Associates for such work,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of
Mainstream Associates to furnish a Court-ready, limited-scope appraisal in connection with Article 7
Real Property Tax Assessment Proceedings commenced by Niagara Mohawk Power Corporation
concerning the property referenced in this Resolution for the 1994-2001 tax years for an amount not to
exceed $15,000, plus expenses related to preparing for trial and providing expert witness testimony, if
necessary, which services would be billed at the rate of $225 per hour, not to exceed an additional
amount of $2,500 without further Town Board approval, which costs shall be divided equally between
the Town and the Queensbury Union Free School District, to be paid for from the Assessor’s
Department Article 7 Account No.: 001-1355-4740, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Assessor, Town Counsel
and/or Town Supervisor to take such other and further action as may be necessary to effectuate the
terms of this Resolution.
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Duly adopted this 27 day of January, 2003, by the following vote:
AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES : None
ABSENT: None