HomeMy WebLinkAbout2011-11-08-STB Town of Ulysses
Special Town Board Meeting
November 8 , 2011
Present: Councilpersons Elizabeth Thomas, David Kerness, Kevin Romer, Lucia Tyler
Absent : Roxanne Marino
Ms . Thomas called the meeting to order at 1 : 00 p .m .
Amicus Curiae Brief
Mr. Kerness moved, seconded by Mr. Romer the following resolution :
RESOLUTION AUTHORIZING (1 ) AN APPLICATION TO REQUEST AMICUS
CURIAE STATUS IN THE MATTER OF COOPERSTOWN HOLSTEIN
CORPORATION V. TOWN OF MIDDLEFIELD AND (2) ENTERING INTO A
RETAINER AGREEMENT FOR THIS PURPOSE WITH LEGAL COUNSEL
WHEREAS , the Town Board of the Town of Ulysses (hereafter "Town Board") retained
the law firm of Whiteman, Osterman and Hanna to prepare and submit an amicus curiae brief in
the matter of Anschutz Exploration Corp. v. Town of Dryden ; and
WHEREAS , a motion for summary judgment has been filed in the matter of
Cooperstown Holstein Corporation v. Town of Middlefield (Otsego County Index No . 20110930)
and is returnable on November 18 , 2011 ; and
WHEREAS , the outcome of the Middlefield case is important to the Town of Ulysses, in
light of its adoption of Local Law no . of 2011 , which clarifies that natural gas exploration,
natural gas extraction and the storage, transfer, treatment or disposal of natural gas exploration
and production wastes is prohibited in the Town of Ulysses ;
NOW, THEREFORE, BE IT
RESOLVED that the Town Board will seek amicus curiae status in the matter of Holstein
Corporation v. Town of Middlefield and seek consent of the court to submit an amicus curiae
brief; and be it further
RESOLVED that the Town Board will retain Whiteman, Osterman and Hanna to provide
legal services to the Town in connection with the preparation and submission of the amicus
curiae brief; and be it further
RESOLVED that the Supervisor or a Deputy Supervisor is hereby authorized to sign the
retainer letter with Whiteman, Osterman and Hanna for such legal representation and services .
Ms. Thomas aye
Ms . Tyler aye
Mr. Kerness aye
Mr. Romer aye
Adopted
Hearing no further business Ms . Thomas moved, seconded by Mr. Romer to adjourn the meeting.
Unanimously approved, meeting adjourned at 1 : 15 p .m .
Respectfully submitted,
Patricia Halloran
Deputy Town Clerk