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RESOLUTION 2022-911
ADOPTED DOC ID: 18559
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-911 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 15,2022:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute a retainer agreement with Peter Johnson,Esq. to act as
counsel to Town of Southold Board of Assessors at the current municipal rate of$195.00 an hour
effective 1/1/2023. Funds are available in account A.1355.4.500.100 (Legal Counsel).
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Brian 0. Mealy, Councilman
SECONDER:Sarah E.Nappa, Councilwoman
AYES: Nappa,Doroski, Mealy, Doherty,Evans,Russell
PETER D. JOHNSON
Attorney at Law
28 Manor Road, Suite 1
Smithtown, New York 11787
(631) 335-0870
e-mail: Piohnson629CZDmsn.com
October 20, 2022
Kevin Webster, Chair
Board of Assessors
Town of Southold
53095 Main Road, P.O. Box 1179
Southold, New York 11971
Re: Retainer Agreement/Tax Certiorari .legal Proceedings
Dear Mr_ Webster,
Pursuant to our recent conversation, I am enclosing herewith
a formal proposal to assist the Town of Southold in handling
assessment review matters, on the terms set forth below.
SCOPE OF FIVGAG Z&-WT-•:
Services: I will provide the legal services that, in my
professional judgment, are appropriate for the matter and in
accordance with applicable legal and ethical standards. The
services to be provided will include limited representation in
proceedings commenced only pursuant to RPTL Article 7 (non-SCAR) ,
as follows:
1) review of all grievances/protests and petitions filed
each year as requested and when provided by Town,
2) consultations with the Assessor and/or Town Attorney,
3) demand and review of all relevant financial data
submitted by petitioners,
4) preliminary exposure analysis (e.g. pro-forma income
capitalization) ,
5) attendance at all settlement conferences,
6) legal research on all valuation issues and alternative
theories,
7) negotiation with adverse parties,
8) appraisal recommendations where necessary,
9) critique of petitioners` appraisals and/or analyses,
10) review of all proposals, agreements and/or stipulations,
and
BIOGRAPHY
Peter D. Johnson, Esq.
Mr. Johnson is a graduate of Hofstra University and Hofstra
Law School and has been practicing law since 1985, first
as an Associate with the -firm of Purcell & Reilly in Hauppauge, New
York and more recently in private practice and as Special Counsel_
to the Towns of Smithtown, Southampton and Shelter Island, N.Y. . He
is a former Counsel to the Suffolk County Assessors ' Association.
He has been a Panel Arbitrator for the American Arbitration
Association and a former Special Assistant District Attorney for
Suffolk County, N.Y.
Mr. Johnson is Counsel to the firm of Meyer & Meyer, Esqs. ,
PLLC. of Smithtown, N.Y. and is a former Chair of the Suffolk -
County Bar Association Condemnation & Tax Certiorari Committee. He
is Certiorari Counsel and consultant to a number of school
districts and municipalities.
In addition, Mr. Johnson currently serves as Assessor of the
Town of Smithtown, N.Y. , an assessing jurisdiction with 43,000+
parcels. He is a member of the Institute of Assessing Officers
(IAO) of the New York State Assessors' Association, (admitted 1995)
Mr. Johnson is a State Certified Assessor.
Although experienced in a variety of civil and commercial
matters, Mr. Johnson concentrates his practice in real estate
litigation, commercial transactions, public policy matters and
general municipal law, with an emphasis in Real Estate, Property
Tax Assessment, Municipal finance, Property valuation, Zoning and
Appellate matters. Included are appearances at every level of the
State Court system, from New York's high court, , the Court of
Appeals, to the lower level tribunals, and administrative hearings
before many State agencies, most notably the State Board of Real
Property Services.
In addition to traditional legal and assessing experience,
Mr. Johnson has years -of governmental and management experience,
including coordination of administrative, assessing and financial
management functions, implementation of specific policy directives,
preparation of annual and periodic regulatory reports, and
oversight of human resources.
Mr. Johnson is admitted to practice in the State of New
York, the United States Eastern District of New York, and the
United States Southern District of New York.
Dated: January, 2022
2
11) appearance and representation at Court conferences only.
In the event of trials, alternative or co-counsel arrangements may
be necessary, as my current workload and full-time employment may
require such assistance, depending upon the circumstances of each
case.
Fee: My fee for rendering assessment analysis and legal
services in connection with tax certiorari matters would be based
upon an hourly rate of $195.00 per hour. Any costs and/or
disbursements associated with the defense of these matters would
be the responsibility of the Client, and from time to time I might
request reimbursement for reasonable out of pocket expenses,
including but not limited to, title costs, filing fees and
appraisal expenses**.
Termination: Either party may terminate this agreement and
the arrangements described in this letter at any time by written
notice of termination. - If my relationship with you is terminated,
all confidential or privileged documents and information provided
by you shall remain confidential, except as required by law.
Records retention: Anv files will be retained in accordance
with the N.Y. Rules of Professional Conduct, and will be retained
for no longer then three years after the matter is concluded,
unless otherwise requested by you.
If the foregoing accurately reflects your understanding of
the circumstances under which you are retaining my services,
please arrange for the appropriate approvals, and execute the copy
of this letter enclosed to indicate our agreement, and return same
to me as soon as possible.
Thank you for your consideration.
ZtyrrD
my yours,
. Johnson
PDJ/m
Encls.
cc: kevinw@southoldtownny.gov.
THE FOREGOING IS UNDERSTOOD, ACCEPTED & AGREED TO:
Townof Southol
By: dated:
** Pursuant to Part 137 of th�. rofaqy
of the Chief: Administrator of the Courts, the
client has a right to arbitratifee disputes.
RECEIVED
= _ N 0V 2 1 2022
wo 4. 0Uth01d Town C!Perk
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Kevin Webster, Chairman Board of Assessors
From: Missy Mirabelli, Secretary to Town Attorney
Date: November 18, 2022
Subject: Contract between Town of Southold and Peter Johnson, Esq.
Enclosed please find a copy of the original agreement for your records. I have
forwarded the original signed agreement to Mr. Peter Johnson. A copy has also been
sent to the Clerks for record keeping.
If you have any questions regarding this matter, please do not hesitate to call me.
Thank you for your assistance.
mmm
cc:Accounting,Town �