470.2003
RESOLUTION AUTHORIZING EXPENDITURE OF FEES FOR EXPERTS
FOR TAX ASSESSMENT LITIGATION
RESOLUTION NO.: 470, 2003
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town of Queensbury is engaged in litigation with Niagara Mohawk
Power Corporation and Erie Boulevard Hydropower, Inc. regarding real property tax
assessments on the Sherman Island Hydroelectric Generating Facility for the years 1994 to 2001,
and
,
WHEREAS the amounts in dispute are substantial and could result in large refunds to
the property owners if the Petitioners prevail in the litigation, and
,
WHEREAS the trial of these cases has already begun and is scheduled to resume on
th
November 19 and the testimony of experts and services of consultants are required in defending
the Town’s assessments of the subject property, and
,
WHEREAS the professional fees and expenses for the testimony and services of experts
and consultants for trial are estimated to be approximately $70,000, and
,
WHEREAS such cost would be divided equally between the Town of Queensbury and
the Queensbury Union Free School District,
NOW, THEREFORE, BE IT
,
RESOLVED that the Queensbury Town Board hereby approves the expenditure of up to
$35,000 for the services of experts and consultants to testify on behalf of the Town of
Queensbury and otherwise assist in defending the Town’s tax assessments at the trial of cases
brought by Niagara Mohawk Power Corporation and Erie Boulevard Hydropower, Inc.
concerning the Sherman Island Hydroelectric Generating Facility, with costs for such testimony
and services to be shared equally by the Town of Queensbury and the Queensbury Union Free
School District, and with the Town’s share of such costs not to exceed $35,000 without the prior
approval of this Board, and
BE IT FURTHER,
RESOLVED, that such expenditures shall be paid for through a transfer of $35,000 from
Contingency Account No.: 001-1990-4400 to Misc. Contractual Account No.: 001-1355-4400,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Comptroller and/or Town Counsel to take any and all action necessary to effectuate the
terms of this Resolution.
rd
Duly adopted this 3 day of November, 2003, by the following vote:
AYES: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES: None
ABSENT:None