2012-039
2012-39
Resolution Employing Legal Services to the Town of Wappinger
At a regular meeting of the Town Board of the Town of Wappinger. Dutchess County.
New York. held at Town Hall. 20 Middlebush Road. Wappingers Falls. New York. on January 4.
2012.
The meeting was called to order by Barbara Gutzler. Supervisor. and upon roll being
called. the following were present:
PRESENT:
Supervisor
Councilmembers
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czamiecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
BE IT RESOLVED, that Albert P. Roberts ofVergilis. Stenger. Roberts. Davis &
Diamond. LLP. be and he hereby is employed and retained for the purposes of furnishing to the
Town Board. the Planning Board. the Zoning Board of Appeals. and the Town's officers.
departments and agencies. such legal advice and services as may be required by the Town Board.
Planning Board and Zoning Board of Appeals and the Town's various departments and agencies
during calendar year 2012; and
BE IT FURTHER RESOLVED, that the Town Board acknowledges that the Planning
Board has requested that Albert P. Roberts ofVergilis. Stenger. Roberts. Davis & Diamond. LLP
be retained as attorney to the Planning Board to provide such legal services as the Planning
Board may require during calendar year 2012; and
BE IT FURTHER RESOLVED, that said Albert P. Roberts and Vergilis. Stenger.
Roberts. Davis & Diamond. shall be paid in accordance to the proposal submitted to the Town
Board dated November 18.2011; and
BE IT FURTHER RESOLVED, that David Wise. of Gellert & Klein. be and he hereby
is employed and retained for the purpose of furnishing to the Town Board. and its officers and
Agencies. such legal advice and services as may be required for representing and defending the
Town of Wappinger for all matters of Personnel and Labor Relations as may be required; and
BE IT FURTHER RESOLVED, Scott Volkman. of Gellert & Klein. be and he hereby
is employed and retained for the purpose offumishing to the Town Board. and its officers and
agencies. such legal advice and services as may be required for representing and defending the
Town of Wappinger for all Article 78 Tax Certiorari proceedings as may be filed against the
Town; and
BE IT FURTHER RESOLVED, that Scott Volkman. of Gellert & Klein. be and he
hereby is employed and retained as the conflict attorney. whenever Albert P. Roberts or Vergilis.
Stenger. Roberts. Davis & Diamond. LLP are unable to provide legal services because of
professional conflict; and
BE IT FURTHER RESOLVED, that David Wise and Scott Volkman shall be paid for
such services in accordance with the proposal to the Town Board by Gellert & Klein dated
November 8, 2011.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCIL WOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
Dated: Wappingers Falls, New York
1/412012
The Resolution is hereby duly declared adopted.
'~~RK
GERALD A. VERGlLlS*
KENNETH M. STENGER
ALBERT P. ROBERTS
THOMAS R. DAVIS
STEPHEN E. DIAMOND****
JOAN F. GARRETT**
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
OF COUNSEL:
KAREN MacNISH
KEVIN 1. McDERMOTT
ANGEL I. FALCON
ANTHONY M. DEFAZIO*""
JAMES P. HORAN***
LISA M. COBB
M. ELLEN O'SULLIVAN
MARINA O'NEILL
LEGAL ASSISTANTS:
AMY E. DECARLO
SANDRA A. OAKLEY
SARAH SALISBURY
CLOSING COORDINATOR:
MARIA L. JONES
(845) 298-2000
FAX (845) 298-2842
www.vsrp.com
e-mail: info@vsrp.com
POUGHKEEPSIE OFFICE
276 MAIN STREET
POUGHKEEPSIE, NY 12601
(845)452-1046
'ALSO ADMlTTED IN FLA.
"ALSO ADMlTTED IN CONN.
... ALSO ADMlTTED IN NJ
....ALSO ADMlTTED IN FL & MA
November 7,2011
Planning Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attention: Susan Dao) Planning Board Secretary
[R1~CG~~~~[Q)
Re: RFP for Legal Services
JAN 0 3 2010
TOWN OF WAPPINGER
TOWN CLERK
Dear Ms. Dao and Board Members:
The law firm of Vergilis, Stenger, Roberts, Davis & Diamond, LLP, located
in the Town of Wappinger, is pleased to provide this response to the Request
For Proposals for a. professional services agreement solicited by the Planning
Board. In addition to this submission letter, we are enclosing a copy of our
firm resume as well as the personal resume of Albert P. Roberts, who will be
the lead attorney if the firm is selected, and our proposed Schedule of Fees
enclosed in a separate envelope for this appointment.
Firm Overview
Weare one of the larger Dutchess County firms, with five partners and
nine associates. Several of the partners and associates were born and raised in
Dutchess County and are able to provide a historical, as well as legal
perspective to local municipal issues. The attorneys in the firm's Municipal
Department have extensive and varied private sector and municipal experience,
including the representation of certain local communities for decades. We have
successfully handled complex legislative, contractual and litigation matters
both on behalf of and against various municipalities. This experience affords
us a perspective not shared by attorneys who have represented only one side of
the matter. The diverse experiences of our attorneys make the firm particularly
well-suited to the representation of a complex entity like the Town of
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Wappinger, with its wide-ranging legal needs, particularly in the area of land
use applications such as subdivision review, site plan review and
environmental analysis.
The attorneys of Vergilis, Stenger, Roberts, Davis & Diamond, LLP have
been representing municipalities throughout Dutchess County for more than
40 years. Offering support to municipal boards and officials, the firm has vast
experience in all facets of municipal work, from the day-to-day administration
of towns and villages to complex litigation on municipal issues in state and
federal courts. As you may know, this firm won a landmark case on behalf of
the Town of Wappinger (Absolute Property Management v. Town of Wappingery.
The matter was originally brought in federal court and referred to New York
State's highest court, which confirmed a municipality's ability to enforce open
space requirements noted on a filed subdivision plat. This case set a state-wide
precedent.
Albert P. Roberts, a partner in the firm, has been attorney to the Town of
Wappinger since January of 1990 and is intimately familiar with many of the
real estate developments and municipal projects undertaken with the Town
during this time. Mr. Roberts' knowledge of the history of the development of
the Town is an invaluable resource. In addition, Mr. Roberts represents the
Town of Union Vale and other members of the firm represent the Town of Hyde
Park and the Village of Wappingers Falls. Mr. Roberts represents all Boards in
the Town of Union Vale. James P. Horan, an associate in the firm, is presently
lead attorney to the Town Board of the Town of Hyde Park. Lisa M. Cobb of the
firm represents the Planning Board and Zoning Board of Appeals in the Village
of Wappingers Falls.
Mr. Roberts also provided advice to the Town Board of the Town of Hyde
Park in connection with certain issues that arose between the Hyde Park Town
Board and the Hyde Park Planning Board.
Proposal Requirements
As indicated in our attached resume, the members of the firm have a
long history of representing both Planning Boards and private clients in land
use activities. In the event the firm is selected, Mr. Roberts will be named as
the lead attorney for the Town of Wappinger. As indicated, Mr. Roberts has
represented the Town of Wappinger and the Town of Wappinger Planning Board
continuously since 1990.
In representing the Wappinger Planning Board's interest, Mr. Roberts
intends to continue the past practice of reviewing all submissions,
correspondence and back up material submitted in connection with a
particular project, consulting with fellow consultants such as the Engineer to
the Planning Board and the Planner, as well as the Zoning Administrator and
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Code Enforcement Office, if necessary, all in preparation of any advice that the
Planning Board may require on matters that may arise. Judging from past
practice and experience, the role of the attorney to the Planning Board
accelerates at the conclusion of the project when the attorney is called upon to
pass upon the legal efficacy of various legal instruments associated with project
approval. For instance, at the conclusion of subdivision review, the attorney is
called upon to review Offers of Dedication of the various roads, utility
easements and other public improvements, recreation land transfers, and the
formation of drainage districts when necessary. With the advent of MS-4 and
Storm Water Pollution Prevention Plans (SWPPP), the attorney is called upon to
oversee the fonnation of drainage districts when necessary and to review the
imposition of covenants and restrictions imposed against the subject property
to ensure proper maintenance of storm water facilities.
James P. Horan and Lisa M. Cobb are also available to provide legal
assistance whenever needed. As indicated in the attached resume, both Mr.
Horan and Ms. Cobb have extensive municipal and land use experience. In
addition to Mr. Horan and Ms. Cobb, the firm's municipal department has a
dedicated paralegal and a dedicated legal assistant to assist with the
assignments for each project. In the event Mr. Roberts is not able to attend a
particular meeting) James P, Horan and Lisa M. Cobb will be available to act as
a substitute counsel.
The following is a list of references:
Mr. Phillip DiNonno - Former Chairman of the Town of Wappinger Planning
Board
Phone: 845-297-1710
Victor Fanuele, Present Chairman
Planning Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Phone: 845-297-7712
vfan uele@townofwappinger~ us
Paul Heslin, Present Chairman
Planning Board
Town of Union Vale
249 Duncan Road
La Grangeville, New York 12540
Phone: 845-724-5543
paulheslin@optonline.net
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Hon. Lisette Hitsman, Supervisor
Town of Union Vale
249 Duncan Road
La Grangeville, New York 12540
Phone: 845-724-5600
Fax: 845-724-3757
supervisor(a:)unionvaleny. us
Hon. Thomas J. Martino, Supervisor
Hyde Park Town Hall
4383 Albany Post Road
Hyde Park, NY 12538
Phone: 845-229-5111 (#7)
Fax: 845-229-0831
suoervisorsecretary@hvdeoarknv.us
Enclosed in a separate envelope is our Schedule of Charges for attorneys,
paralegals and legal assistants. Legal assistants are rarely billed separately,
and then only when they work independently on a particular project such as a
compilation of legal documents in litigation matters. The municipal paralegal
is occasionally billed separately, and generally only when she prepares
documents independently; in such case the paralegal's work is overseen and
reviewed by an attorney.
We thank you in advance for your consideration of our response and look
forward to an interview at your convenience.
Very truly yours,
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
~~J;;D--
ALBERT P. ROBERTS
APRj af
Enclosures
Cc: Town of Wappinger Town Board (without enclosures)
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VERGILIS. STENGER ROBERTS. DAVIS & DIAMOND. LLP
SCHEDULE OF CHARGES - 2012
TOWN OF WAPPINGER
General Town Work, including Justice Court:
Paralegals
$165.00 per hour
$125.00 per hour
Attorneys
Litigation (Federal Courts & Supreme Courts):
Partners
$215.00 per hour
$185.00 per hour
$125.00 per hour
$ 85.00 per hour
Associates
Paralegals
Legal Assistants
MINIMUM BILLING
Appearance at Board or meeting
.5 hour
Correspondence - Received (including emails)
.2 hour
Correspondence - Generated (including emails)
.3 hour
Telephone calls
.2 hour
Photocopies
$.25 per page
Digital reproduction
at cost
Disbursements - Filing Fees, Recording Fees,
Court Costs, etc.
at cost
Unspecified Expenses
at cost
~~~~~~~\Q)
JAN 0 3 20\0
TOWN OF WAPPINGER
TOWN CLERK