HomeMy WebLinkAboutJohnson, Peter Esq. SUFiQ(,FC� RESOLUTION 2023-910
ADOPTED- DOC ID: 19599
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-910 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 24, 2023:
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 1/1/2024 - 12/31/2024. Funds are available in account A.1355.4.500.100 (Legal
Counsel).
Denis Nonearrow ,.
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Brian O. Mealy, Councilman
SECONDER:Sarah E.Nappa, Councilwoman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
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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: 631-76576639
MEMORANDUM
To: Kevin Webster, Chairman Board of Assessors
From: Missy Mirabelli, Secretary to Town Attorney
Date: November 6, 2023
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.
comm
cc:Accounting,Lown Clerk_'
PETER D. JOHNSON
Attorney at Law
28 Manor Road, Suite 1
Smithtown, New York 1.1787
(631)335-0870
e-mail:piohnson6290-msn.com
October 11, 2023
Kevin Webster, Chair
Board of Assessors
Town of Southold
53095 Main Road, P.O. Box 1179
Southold, New York 11971
Re: Retainer Agreement/Tarr Certiorari Legal.Proceedings/2024
Dear Mr. Webster,
Pursuant to your recent request, I am enclosing herewith a
formal proposal to continue to assist the Town of Southold in
handling assessment review matters during 2024, on the terms set
forth below.
SCOPE OF ENGAGKKWT:
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
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 commitments, workload and part-time
practice and resources limits my availability and will 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: Any 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 possihls_
Thank you for your consideration.
Ver my yours,
Y
s�ter D. Vsn
PDJ/m
encl.
THE FOREGOING IS UNDERSTOOD, ACCEPTED & AGREED TO:
Town of South d
or
By: dated:
** Pursuant to Part 137 of the Rules of the Chief Administrator of the Courts, the
client has a right to arbitration of any fee disputes.
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, Southold, East Hampton 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 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 formerly served 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
Appcal�, 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: June, 2023