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Malone hires special counsel, authorizes consultants to participate in North Country Wind Article VIII proceeding
Summary
The Town of Malone board on Feb. 11 authorized hiring Bridget O’Toole, Esq. as special counsel and cleared the way to retain planning, engineering, environmental and technical consultants to represent the town in the Public Service Law Article VIII proceeding for the North Country Wind Project, with all costs limited to Local Agency Account funding.
The Town of Malone board voted on Feb. 11 to retain Bridget O’Toole, Esq. of Heath & O’Toole PLLC as special counsel and to authorize the town to retain additional consultants to participate in the Public Service Law Article VIII proceeding for the North Country Wind Project (DPS Matter No. 23‑02973). The resolution specifies that all compensation and reimbursable expenses shall be payable solely from the Local Agency Account (LAA) established for the proceeding and not constitute a general obligation of the Town of Malone.
The board’s authorization permits the town supervisor, in consultation with special counsel, to negotiate, execute, and administer professional services and consultant agreements the town reasonably needs to participate in the Article VIII review. The resolution lists potential consultant types including planning, engineering, environmental, agricultural and technical experts and limits reimbursable costs to those that are reasonable, documented and directly related to the town’s participation in the proceeding.
The resolution also authorizes the supervisor, special counsel and other appropriate officers to submit requests for initial, supplemental or replenishment LAA funding; to submit itemized invoices and supporting documentation for eligible town costs to the LAA administrator; and to take necessary actions to ensure reimbursement in accordance with applicable procedures. The authorization was adopted with immediate effect.
Why it matters: Article VIII proceedings govern major energy infrastructure siting in New York and can involve technical, environmental and planning issues that require legal and consultant expertise. The board’s action allows Malone to retain specialized assistance while protecting town funds by requiring LAA‑only reimbursement for eligible costs.
Provenance: Topic first appears and is last discussed in the meeting transcript at SEG 002.
Authorities and limits referenced in the resolution include Public Service Law Article VIII and DPS Matter No. 23‑02973, and the resolution explicitly conditions consultant payment on reimbursement from the Local Agency Account.
