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HomeMy WebLinkAboutSokoloff Stern, LLP w '©� RESOLUTION 2022-115 ADOPTED DOC ID: 17751 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2022-115 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 18,2022: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a retainer agreement and the Town Attorney to retain Sokoloff Stern, LLP as Special Counsel to represent the Town of Southold in an action in Supreme Court, Suffolk County, in the matter of the Application of Vincent Bertault index numbers 623991/2021 and 623993/2021. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Brian O. Mealy, Councilman AYES: Nappa, Doroski, Mealy, Doherty, Evans,Russell RECEIVED FEB 11 W ��� ao�� Southold Town Clerk Q1 � MEMORANDUM To: Denis Noncarrow, Town Clerk From: Missy Mirabelli Secretary to the Town Attorney Date: February 9, 2022 Subject: Agreement with Sokoloff Stern, LLP and TOS Outside Counsel for Article 78s am enclosing the retainer agreement letter that has been signed by Scott in connection with the referenced matter. I am also enclosing a copy of the resolution authorizing Scott to sign these documents. If you have any questions, please do not hesitate to call me. Thank you. /mm Enclosures CC: Kristie Hansen-Hightower, Comptroller 3 I 179WESTBURYAVENUE.CARLEVI.ACE,NEWYORK11514 PHONE6103344500 FAX(516)334-4501 WWWSOK0I.OFFS7FRN.CObt STERN LLQ' BRIAN S.SOKOLOFF BSOKOLOFFC4SOKOLOFFSTERN.COM January 18,2022 RECEIVED Town of Southold 53095 Route 25 PO Box 1179 FEB 11 20 Southold,NY 11971 Attn: John J.Burke,Esq.,Deputy Town Attorney Southold Town Clerk Re: Bertault v. Zoning Board of Appeals of Town of Southold Index No. 623993/2021 Bertault v. Zoning Board of Appeals of Town of Southold Index No. 623991/2021 Dear Mr. Burke: Please let this letter serve as a retainer agreement for legal services to the Town of Southold in the above-referenced matters. RETAINER OF THIS FIRM/PAYMENT OF OUR FEES AND DISBURSEMENTS We will charge the Town of Southold for our services, at discounted hourly billing rates, together with the costs of any disbursements/expenses that we agree to outlay for the Town of Southold. These rates are as follows: $275 per hour for partners, $250 per hour for associates,and $110 per hour for paralegal time. We will provide you with detailed, itemized invoices to document our fees and expenses. The Town of Southold is obligated to pay our fees and guarantees payment for our services as billed.By signing at the end of this letter, the Town agrees to these terms. THE AGREED COURSE OF ACTION We will defend the Town of Southold in connection in these two Article 78 proceedings. We will respond to the notices of petition and petitions in each matter. We will be available to answer questions,provide advice, and will handle such matters with our best skill and judgment. t SOKOLOFF STERN LLP John J.Burke,Esq. January 18,2022 Page 2 of 2 We will work with you and the Town Attorney's Office to determine strategy and will attempt to negotiate a resolution,if appropriate. The attorney-client relationship is one of mutual trust and confidence. We therefore encourage our clients to feel free to raise questions about our representation. Should a dispute arise between us relating to our fees,you have the right to arbitration of the dispute pursuant to Part 137 of the Rules of the ChiefAdministrator of the Courts,a copy of which we can provide upon request. We hope and expect that our relationship will be smooth and mutually advantageous;however,if a problem or dispute does arise, we are committed to the principles of alternative dispute resolution. Please sign this letter and return it to me signaling the Town's agreement to these terms.If you have any questions or comments,or if you disagree with any aspect of this retainer agreement, let me know. Very truly yours, SOKOLOFF STERN LLP J. AY Brian S. Sokoloff BSS/-- AGREED TO: TOWN OF SOUTHOLD By: Scott A. Russell, Supervisor —/ 2