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RESOLUTION 2008-280
ADOPTED
DOC ID: 3676
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-280 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 11, 2008:
RESOLVED that the Town Board of the Town of Southold hereby retains Peter Bereen, Esq.
as Special Counsel and authorizes and directs Supervisor Scott A. Russell to execute an
updated retainer letter in connection with representation of the Town re~ardine the
proposed Broadwater floating LNG facility, at an amended rate not to exceed $225.00 per
hour, in accordance with the supervision of the Town Attorney.
~Q~
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, I{rupski Jr., Wickham, Evans, Russell
~~
ORIGINAL
G. 5. PETER BERGEN
ATTORNEY AT LAW
27 PINE STREET
PORT WASHINGTON NY
11050
February 7, 2008
Kieran M. Corcoran
Assistant Town Attorney
Town of Southold
P.O. Box 1179
Southold, NY 1 1 971-0959
Re: Broadwater project -updated retainer
Dear Mr. Corcoran:
As I said in my January 2, 2008 letter, effective January 1, 2008, my hourly rate
increased to $225 per hour. This letter is to update my retainer with Southold to reflect this
change and to confirm that that I look forward to continuing to 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 continue to be provided in collaboration 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.
As you know, I am currently "of counsel" to the firm of Farrell Fritz, P.C. in their
capacity as special counsel to the County of Suffolk in opposition to Broadwater. I intend to
continue my of counsel relationship with Farrell Fritz. I am also counsel to the Town of
Riverhead 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 inc,arred on behalf of Southold, Riverhead and Suffolk, will be shared
equally.
Effective January 1, 2008, my compensation will be based on the hours of work
performed, at an hourly billing rate of $225 per hour. My out-of-pocket expenses, such as travel,
and related disbursements will be billed additionally, at cost. I plan to submit itemized periodic
statements for my services and disbursements, and would appreciate payment within 45 days of
receipt.
PHONE: 51 6-767-3449 EMAIL: PBERGEN~OPTONLINE.NET
FAX: 5 1 6-944-6640
Either party may terminate this agreement on written notice to the other.
If you and the Supervisor find this letter acceptable, please sign both copies as indicated
below, and return one- copy to me at the above address. I appreciate the opportunity to work with
you and the Town on this important matter, and look forward to achieving results that meet your
expectations.
Sincer % ~~~//^
/// /l/c~y//.~ /~,
~~~I~etef`$"ergen
Accepted a agreed to:
~1L~f~{~~.~
Scott A. Russell
sor, Town of Southold
Assi~ Town Attorney,
Town of Southold
Dated: ~ ~OOI$~
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