Narrative of Resolution:
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Authorize Engagement Letter with Harris Beach Murtha, Attorneys at Law
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If Resolution requires expenditure of County Funds, provide the following information:
Amount to be authorized by Resolution: $425 per hour plus incidentals
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If ‘No,’ specify proposed source of funds: Not budgeted but not county funds
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RESOLUTION INTRODUCED BY MATT MCPHILLIPS, CHAIR OF THE PLANNING AND COMMUNITY RESOURCES COMMITTEE TO AUTHORIZE THE COUNTY MANAGER TO SIGN AN ENGAGEMENT LETTER WITH HARRIS BEACH MURTHA, ATTORNEYS AT LAW, TO PROVIDE LEGAL SERVICES IN CONNECTION WITH REVIEW OF THE TOWN LINE SOLAR AND BATTERY STORAGE PROJECT
WHEREAS, on September 18, 2025, the Sullivan County Legislature passed a Resolution authorizing the County Manager to execute an intermunicipal agreement with the Town of Thompson and the Town of Forestburgh (the “Towns”) to establish a cooperative framework for the joint review of the Town Line Solar Project (the “Project”), including the joint engagement of legal counsel and environmental/planning consultants, and to outline the mutual understandings regarding cost-sharing, coordination, and decision-making;
WHEREAS, pursuant to said Resolution, on April 22, 2026, the County Manager executed an intermunicipal agreement, specifically, a Memorandum of Understanding, with the Towns; and
WHEREAS, the Project will be subject to review by the New York State Office of Renewable Energy Siting (“ORES”) pursuant to Executive Law Section 94-c and its implementing regulations; and
WHEREAS, ORES regulations provide for the availability of local agency account (“Intervenor”) funds to assist municipalities and local parties in participating in the permitting process; and
WHEREAS, pursuant to the memorandum of understanding, the County has conferred with the Towns on the joint engagement of legal counsel and the parties have determined that the law firm of Harris Beach Murtha, located at 677 Broadway, Suite 1101, Albany, NY 12207 (the “Firm”) is best positioned to provide legal services and represent local interests during anticipated proceedings based on the Firm’s prior experience and expertise in navigating utility scale renewable energy projects in New York State; and
WHEREAS, the Firm requires the County and each of the Towns to execute an Engagement Letter for legal services in connection with the Project; and
WHEREAS, pursuant to the Engagement Letter, the Firm shall bill the County and the Towns for legal services at an hourly rate in accordance with the Firm’s standard terms of engagement for legal services, the terms of which are set forth therein; and
WHEREAS, the cost of legal services billed by the Firm will be covered by the aforementioned Intervenor funds made available as a requirement of the permitting process set forth by ORES, and neither the County nor the Towns shall be obligated to pay expenses beyond those fully covered by Intervenor funds unless appropriate authorizations are secured from each municipality’s governing body.
NOW, THEREFORE, BE IT RESOLVED, that the Sullivan County Legislature authorizes the County Manager to sign the Engagement Letter with the Firm in such form as the County Attorney shall approve; and
BE IT FURTHER RESOLVED, that payments to the Firm shall be in accordance with the Engagement Letter; and
BE IT FURTHER RESOLVED, that neither the County nor the Towns shall be obligated to pay expenses beyond those fully covered by Intervenor funds unless appropriate authorizations are secured from each municipality’s governing body.