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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