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Town of Southold - Letter Board Meeting of May 9, 2006
RESOLUTION 2006-444 Item # 47
ADOPTED DOC ID: 1836
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-444 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 9, 2006:
RESOLVED that the Town Board of the Town of Southold hereby retains Peter Bereen, ESQ.
as Special Counsel for advice and representation of the Town in connection with rel!ulatorv
proceedinl!s broueht before the Federal Enerl!V Rel!ulatorv Commission relatinl! to the
proposed Broadwaters floatinl! LNG facility, at a rate not to exceed $175.00 per hour, in
accordance with the supervision of the Town Attorney.
PRr~a~~'tJ",
Elizabeth A. Neville
South old Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Daniel C. Ross, Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
Generated May 11, 2006
Page 75
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G. S. PETER BERGEN
ATTORNEY AT LAW
27 PINE STREET
PORT WASHINGTON, NY
1 1050
June 9, 2006
Kieran M. Corcoran
Assistant Town Atto! cey
Town of Southold
POBox 1179
Southold, NY 11971-0959
i-v",'J
Re Broadwater project
Dear Mr. Corcoran.
Based on our recent communications, and the Town Board's Resolution adopted May 9,
2006, this is to confirm that I will provide consulting legal services to the Town of Southold to
assist the Town achieve its objectives in relation to the Broadwater LNG project. My services
will be provided in cejilaboration with your office, and with other parties (including Suffolk
County and the Town of Riverhead and their attorneys) having objectives consistent with the
Town's regarding Broadwater.
My services on the Town's behalf will focus on opposing Broadwater Energy's pending
applications to the Federal Energy Regulatory Commission (FERC) for authorizations under the
Natural Gas Act (NGA), including related applications of Broadwater to the New York State
Department of State (NY DOS) for consistency determinations under the Coastal Zone
Management Act (CZMA) and comparable related approvals from other agencies. I anticipate
that we will discuss these options for the Town's consideration as they arise
As you know, I am currently "of counsel" to the firm of Farrell Fritz, PC in their
capacity as special cOlJnsel to the County of Suffolk in opposition to Broadwater. I have no other
of counsel relationsh':l with that firm I intend to continue my of counsel relationship with
Farrell Fritz. I am also counsel to the Town of River head in this matter. This agreement
confirms that such continuance is acceptable to the Town of Southold. My time charges and
disbursements for working on Broadwater, to the extent that they are incurred on behalf of
Southold, Riverhead and Suffolk, will be shared equally.
PHONE: 516-767-3449
FAX: 516-944-6640
EMAIL: PBERGEN@OPTDNLlNE.NET
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My compensation will be based on the hours of work performed, at an hourly billing rate
of$175 per hour. My out-of-pocket expenses, such as travel, photocopy, and related
disbursements will be billed additionally, at cost. I plan to submit itemized periodic statements
for my services and disbursements, and would appreciate payment within 45 days of receipt
I understand that my invoices to the Town will need to be accompanied by a claim
voucher Please forward copies of the necessary forms to me.
Either party may terminate this agreement on written notice to the other
If you and the Supervisor find this letter acceptable, please sign both copies as indicated
below, and return one copy to me at the above address I appreciate the opportunity to work with
you and the Town on this important matter, and look forward to achieving results that meet your
expectations.
S.iinn~~p~
/dJ1/;{~n
'G. S ~Bergen ~
. ran M. Corcoran
ssistant Town Attorney,
Town of South old
Dated June /2,-1006
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