373.2001
RESOLUTION AUTHORIZING ENGAGEMENT OF INDUSTRIAL &
UTILITY VALUATION CONSULTANTS, INC. TO PROVIDE ONGOING
ASSISTANCE IN CONNECTION WITH ARTICLE 7 ASSESSMENT
CASES COMMENCED BY NIAGARA MOHAWK POWER
CORPORATION AND ERIE BOULEVARD HYDROPOWER, INC.
RESOLUTION NO.: 373, 2001
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
,
WHEREAS Niagara Mohawk Power Corporation and Erie Boulevard Hydropower, Inc.
have commenced litigation against the Town of Queensbury regarding real property tax
assessments on the Sherman Island Hydroelectric Generating Facility for the years 1994 to 2000,
and
,
WHEREAS upon the recommendation of the Town Assessor and Town Counsel, the
Town Board by Resolution No.: 311,2001 authorized engagement of Industrial & Utility
Valuation Consultants, Inc. (IUVC) to review the draft appraisal prepared by MDI Associates for
the Town’s use in the litigation, and
,
WHEREAS IUVC has reviewed the draft appraisal and has provided the Town with
valuable advice and assistance, and
,
WHEREAS the Assessor and Town Counsel recommend that the Town Board further
engage the services of Industrial & Utility Valuation Consultants, Inc. on an ongoing basis to
assist the Town in settlement negotiations and with trial preparations and, if necessary, at the trial
of these matters, and
WHEREAS, IUVC’s fee for time spent on settlement negotiations and trial preparation is
$175 per hour and $1,000 per day for time spent at trial, and
WHEREAS, the Queensbury Union Free School District’s Counsel has advised that he
will recommend that the School District similarly authorize IUVC’s ongoing services, with the
cost of such services to be divided evenly between the Town and School District and he fully
anticipates that the School Board will authorize IUVC to provide the recommended consulting
services under such arrangement with the Town,
NOW, THEREFORE, BE IT
,
RESOLVED that the Queensbury Town Board hereby authorizes engagement of the
services of Industrial & Utility Valuation Consultants, Inc. to assist the Town in settlement
negotiations, trial preparation and, if necessary, at the trial of tax assessment cases brought by
Niagara Mohawk Power Corporation and Erie Boulevard Hydropower, Inc. in connection with
the Sherman Island Hydroelectric Generating Facility, with IUVC’s fees for such services to be
$175 per hour for assistance with settlement negotiation and trial preparation and $1,000 per day
for attendance and assistance at trial, which costs shall be shared equally by the Town and the
Queensbury Union Free School District and with the Town’s share of such costs not to exceed
$8,000 without the Town Board’s prior approval, to be paid for from Account No.: 001-1355-
4740, Assessor’s Dept., Article 7, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Assessor,
Town Counsel and/or Town Supervisor to take any action necessary to effectuate the terms of
this Resolution.
st
Duly adopted this 1 day of October, 2001, by the following vote:
AYES : Mr. Brewer, Mr. Brower, Mr. Turner, Mr. Stec
NOES : None
ABSENT : Mr. Martin