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Vergilis, Stenger, Roberts, Davis& Dimond LLP .. ,. .. .. ifI/I1 VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP ifI/I1 ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 W APPINGERS FALLS, NEW YORK 12590 .. Phone: (845) 298-2000 Fax: (845) 298-2842 Email: info@vsrp.com www.vsrp.com . ~~~~D~J7~(Q) JAN 0 3 2010 \ I TOWN OF WAPPINGER \ TOWN CLERK .. RESPONSE TO REQUEST FOR PROPOSALS TOWN OF WAPPINGER TOWN BOARD .. .. - GERALD A. VERGILIS" 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 (845) 298-2000 FAX (845) 298-2842 www.vsrp.com e-mail: info@vsrp.com OF COUNSEL: KAREN MacNISH LEGAL ASSISTANTS: AMY E. DECARLO SANDRA A. OAKLEY SARAH SALISBURY CLOSING COORDINATOR: MARIA L. JONES - KEVIN 1'. McDERMOTr ANGEL I. FALCON ANTHONY M. DEF AZIO**" JAMES P. HORAN...... LISA M. COBB M. ELLEN O'SULLIVAN MARINA O'NEILL POUGHKEEPSIE OFFICE 276 MAIN STREET POUGHKEEPSIE, NY 12601 (845)452-1046 . ALSO ADMITTED IN Fl.A "ALSO ADMITTED IN CONN. '''ALSO ADMITTED IN NJ ....ALSO ADMITTED IN Fl. & MA .. November 7,2011 .. Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Inez Maldonado, Secretary to the Supervisor .. Re: RFP for Legal Services Dear Ms. Maldonado and Town Board Members: ... I am a partner in the law firm of Vergilis, Stenger, Roberts, Davis & Diamond, LLP, with offices located at 1136 Route 9, in the Town of Wappinger. This letter is submitted to provide a response to the "Request for Proposals Town of Wappinger Town Board". Enclosed in this packet is the firm's resume, as well as my personal resume. Submitted in a sealed enclosed envelope is the proposed Schedule of Fees for this appointment if selected. As you know, the Planning Board has also made a Request for Proposals (RFP), and I have separately provided you with a copy of the information supplied to the Planning Board. The format of this submission is similar to that made for the Planning Board RFP, tailored to the needs of the Town Board. .. .. Firm Overview " We are 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 Count)' 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 .. .. 1 .. .. 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 Wappinger, with its wide-ranging legal needs, particularly in such esoteric areas as the formation of water and sewer districts and improvement areas and, when required, the requisites for approval by the New York State Department of Audit and Control, application of statutory "period of probable usefulness" for bonded projects, preparation of local laws, preparation of municipal construction contracts, just to name a few. .. . 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. .. . I have been attorney to the Town of Wappinger since January of 1990 and am intimately familiar with many of the real estate developments and municipal projects undertaken within the Town during this time. Prior to my appointment as attorney to the Town, I was the attorney of record for numerous projects in the Town, most notably the original Walbaum's Shopping Center (now Hannaford) in the 1980s, and the Sherwood Heights Subdivision in the 1970s. During my tenure as attorney to the Town, I oversaw the implementation of the first Inajor Town wide rezoning in 1990, the initial agreement with the Tri-Municipal Sewer Plant authorizing the Central Wappinger Sewer Improvement and the Rockingham Farms Sewer District to connect to the Tri-Municipal Sewer Plant, the implementation of the second expansion of sewer with the Tri-Municipal Sewer Plant, the formation and implementation of the 1999 2R Water Improvement, which required the calling of the Performance Bond upon the failure of the prime contractor to complete the job in accordance with the contract, overseeing the consolidation of various water systems into United Wappinger Water District as well as overseeing the implementation of the consolidation of various sewer systems into the United Wappinger Sewer District. I also reviewed the legal requirements for the more recent developments in the Town, including the Alpine Commons Shopping Center (BJ'S and Stop & Shop), Corporate Park, Executive Park, Keenan Acres Subdivision, Meadowood Subdivisions 1 and 2, Shamrock Hills Subdivision (Toll Brothers) and more recently, the Adams Fairacre Farms project. II' ., .. .. , 2 . .. I also represent the Town of Union Vale and other members of the firm represent the Town of Hyde Park and the Village of Wappingers Falls. I represent 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. .. I 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 municipalities and private clients in various municipal transactions, particularly in land use. In the event the firm is selected to represent the Town Board, I will be the lead attorney for the Town of Wappinger. .. As noted, I have represented the Town since 1990, and it is my intention to continue the past practice of reviewing all submissions, correspondence and back up material submitted in connection with a particular project, and consulting with fellow consultants in preparation for any advice that the Town Board may require on matters that may arise. For the past decade, I have prepared numerous resolutions for adoption by the Town Board. As indicated above, I have also overseen the preparation of numerous construction contracts, and I have drafted most of the forms presently in use by the Town, including the formats for Offers of Dedication, SWPPP Maintenance, Water, Sewer, and Storm Water Easements, Site Easements, Common Driveway Agreements, to name a few. I was also co-author of the "Greenway Connections" portion of our Zoning Code which has been used by several other communities in their Zoning Codes. The level of time assigned to a particular project will depend on the complexity of the particular assignment or project. In addition, my office also provides Town Code and Zoning Code Enforcement as well as vehicle and traffic prosecutions. Since the firm has undertaken the enforcement process, the Town has generated tens of thousands of dollars in revenue. . .. " , James P. Horan and Lisa M. Cobb are also available to provide legal assistance whenever needed. 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 complete the necessary assignments for each project. In the event I am unable to attend a particular meeting, James P. Horan and Lisa M. Cobb will be available to act as a substitute counsel. , . 3 .. The following is a list of references: . Hon. Lisette Hitsman, Supervisor Town of U nion Vale 249 Duncan Road La Grangeville, New York 12540 Phone: 845-724-5600 Fax: 845-724-3757 supervisOI@unionvalenv. 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 su pervisorsecretary@hydeparknv. us ., Victor Fanuele, Present Chairman Planning Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Phone: 845-297-7712 vfanuele(d),townofwc.uminger. 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 , Mr. Phillip DiNonno - Former Chairman of the Town of Wappinger Planning Board Phone: 845-297-1710 , Mr. Howard Prager - Chairman of the Town of Wappinger Zoning Board of Appeals Phone: 845-297-6961 , Mr. Denis E. White - Former Mayor of the Village of Fishkill Phone: 845-896-4004 , 4 .. .. Enclosed in a sealed 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. VelY truly yours, .. VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP ~/4C12~_.. ALBERT P. ROBERTS APRj af ,. Enclosures .. .. .. .. .. .. 5 If' ., VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP Attomeys and Counselors of Law 1136 Route 9 Wappingers Falls, New York 12590 (845) 298-2000 Fax (845) 298-2842 E-mail: info@vsrp.com .. A Dutchess County law firm offering representation to municipalities throughout the County. If The attorneys of VERGJLIS, STENGER, ROBERTS, DAVIS & DIAMOND, LIJP have been representing municipalities throughout Dutchess County for more than 30 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. If Currently, the law firm of VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, ILP provides representation to the Town of Wappinger, the Town of Hyd,~ Park, the Town of Union Vale and the Village ofW'appingers F~Jls. Partners . ALBERT P. ROBERTS is the partner in charge of the Municipal Law Department of thefiml. Mr. Roberts has beeni:t:prcsenting municipalities his entire careet. Mr. Roberts currently represents thtc Town of Wappinger and the Town of Union Vale. He previously has represented the Wappinger Central School District, New P'lltz Central School District, the Village of Fishkill and the Town of Dover. Mr. Roberts was also appointed Special Counsel to represent the interests of the Republicac Legislative Caucus m a Federal District Court challenge to the appointment of a Democrat Comnussioner of Electto1lS brought by dissident Democrats. Mr. Roberts is also a former Chaitot the Dutchess County Economic Development Corporation. He htio.gs a great deal of municipal experience to the representation of his clients He is well versed in the ABCs of municipal law, from assessors to zoning. Mr. Roberts graduated from Siena College, New York, with a Bachelor of Arts in 1966. He received his Juns Doctor degree from Suffolk University Law School in Massachusetts in 1970 and he has been prtlcticing law before the courts of the state of New York State since 1971. He also is admitted to the United States District Court for the Southern District of New York. ., ... III GERALD A. VERGILIS co-chairs the Litigation Department of the fi.rm. He has litigated numerous municipal law issues in both the state and federal courts. Mr. Vergilis graduated from Kings College in Pennsylvania with a Bachelor of Arts in 1968 and from St. John's University in New York, in 1971. He also received an LLM in Taxation from the New York University School of Law in 1980. He is admitted to practice in New York (1972), Florida (1978), U.S. Tax Court (1979), U.S. District Court (Southern Distric.t of New York) (1976) and the Supreme Court of the United States. .. 1 . If If KENNETH M. STENGER co-chairs the Litigation Department with Mr. Vergilis. Mr. Stenger graduated Syracuse University, New York, with a Bachelor of Arts in 1973 and Georgetown University School of Law, Washington D.C., JD (1976). He is admitted to practice in Ne'v York (1977) and the U.S. District Court (Southern District of New York) (1989). .. THOMAS R. DAVIS is the partner in charge of municipal prosecutions, appearing in the local justice courts to enforce municipal ordinances and building code violations. Mr. Davis graduated the State University of New York College at New Paltz, New York (1985), the New England School of Law, Boston, Massachusetts cum laude (1991) and is admitted to pracTIce in New York, (1992) and U.S. District Courts (l"-Jorthern, Southern & Eastern District of New York). .. STEPHEN E. DIAMOND heads the Estate Department of the firm. Mr. Diamond advises clients on estate and tax planning issues, lending law and real estate issues. Mr. Diamond graduated from Marist College with a B.S. in 1978, from Pepperdine University widl a Juris Doctor in 1983 and from University of Florida with an MA in 1984. Mr. Diamond is admitted to practice in New York (1984), Florida (1984) and Massachusetts (1983). Associates .. JAMES P. HOB_AN is boL."r an attorney and engineer. Mr. Horan is the principal attomey to the Town of Hyde Park and regularly provides assistance to the Village of Wappingers Falls, the Town of \Vappinger and the Town of Union Vale. He has handled enforcement issues for the Town of Wappingcr and the Village of Wappingers ralls. He is well versed in SEQRA and Civil Service issues as they relate to municipalities. Mr. H0ran received an engineering deg-rec from the Cooper Union in 1983. He graduated trcm New York Law Scho01 in 1993. He is admitted to practice in New York (1994), New Jersey (1993), the United States Court of Appeals f()r the Second Circuit (1995) and the United States District Coutts for the Northern, Scut.hern and Eastern Districts of New York (1994). Mr. Horan is also admitted to the Urjted States Patent and Trademark Office bar (1998). . " LISA M. COBB is the firm's primary liaison with t.he Pbnning and Zoning Boards of the Village of Wappingers Falls, and regularly advises its Building Department andCl:efk:: on zoning matters. She also regularly advises Planning Boards and Zoning Board of Appeals, and h:l11dles various matters for other municipalities, including the Towns of Union Vale and Hyde Park. In addition, Ms. Cobb handles the tax certiorari work for the Town of Union Vale. Ms. Cobb also was a member of the ZOlling Board of Appeals in the Village of Harrirnan (Orange County) far morc than a decade, through October 2011. She has litigated numerous municipal issues in state and federal courts at both the uial and appellate levels. She presendy serves on the Executive Committee of the Municipal Law Section of the N Y.S. Bar Association, as well as serving on the Section's Green Construction and Technology Ca1TI1uittees, She also is a fOlmer co-chair of various committees of the American Bar Association's Section of Litigation (1998-2004). She is a graduate of SUNY Albany, (BA) 1990, and the Dickinson School of Law, OD) 1993. She is admitted to practice in New York (1993) and Pennsylvania (1993). She is admitted in the U.S. District Court Southern and Eastern Districts of New Yark (1997) and the U.S. District Court Middle & Third Districts of Pennsylvania (1994). .. . . 2 " .. .. JOAN F. GARRETT provides both general municipal law services and litigation services. She graduated Manhattanville College, New York, BA (1977), Pace University School of Law, New York, JD (1987). She was admitted to practice in New York and Connecticut (1988) and the ns. District Court, Southern District of New York (1991). .. ANTHONY M. DEFAZIO prosecutes all building and zoning violations for the Town of Wappinger and the Town of Union Vale. Mr. DeFazio regularly consults with the code enforcement officers and zoning administrators from each town with regard to pending violations and zoning matters. Mr. DeFazio is a former prosecutor with the K.ings County District Attorney's office (1998-2003). He graduated from New York University Stern School of Bus111ess with a Bachelor of Science. Mr. DeFazio graduate from St. John's University School of Law and is admitted to practice in New York State (1998) and in the Southern, Eastern and NOithern Federal Districts of N ew York. .. KAREN MacNISH works primarily i..'1 the Litigation Department, though she has also assisted with matrimonial, personal injury and municipal matters. She received a B.A. in English in 1993 from The Ohio State University and a J.D, Cum Laude, in 1998 from Albany Law School of Union University. She was admitted to the New York State Bar in January, 1999. She worked as a trial attorney fu! an insurance company in Elmsford, New York between 1991 lind 2001, and began working fO! Vergilis, Stenger, Roberts, Davis and Diamond, LLP as all Associate Attorney in November 2001. Sinr:e Febru::ny, 2007, she has been Of Counsel to the firm. .. . },NGEL 1. FALCON acts as special prosecutor in the Town of W1appinger widl resp,~ct to all violations of the New York State Vehicle and Traffic Law issued by the New York State Police, 'and as prosecutor of violations of the 10c~1 Zoning Code in die Village of Wappingcrs Falls. A graduate of the State University of New York at New Paltz with a B::lchclor of Arts (1999), he attended The Benjamin N. Cacdozo School of Law, Yeshiva University rt'cei.ving a Juris Doctor in 2004. He-is admitted to pnl.ctice law in the State of New York (2005). If .. .. .. 3 . ., ., VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP Attorneys and Counselors of Law 1136 Route 9 Wappingers Falls, New York 12590 Phone: (845) 298-2000 Fax: (845) 298-2842 E-mail: aroberts@vsrp.com .. ALBERT P. ROBERTS Al graduated from Suffolk University Law School in Boston in 1970 with a Juris Doctor degree. .. He was admitted to practice before the Bar in New York State in February 1971. He initially joined the firm of Russell E. Aldrich in Poughkeepsie and worked there until Mr. Aldrich's death .. in 1977. He then became a partner in a firm which eventually came to be known as Cra.ne,' W olf~on, Roberts & Greller at 1 i Market Street in Poughkeepsie. Al remained at Crane, . Wolfson, Roberts & Grener until 1990 when he became the Town Attorney for the Town of . Wappinger (Carl Wolfson was Town Justice and a conflict arose). He was briefly at the fIrm of Gellert & Cutler from 1990 until 1993 when he joined his present firm, now known as V orgilis, Stenger, Roberts, Davis & Diamond, LLP. AI's emphasis in his practice has been zoning lliid . land use, environmental law, mWlicipallaw, general business, corporate matters, small business organization, cornmen.:ial and residential real estate development, and estate and probate matters. . In the past, AI's municipal clients have included the Wappinger Central School District (1971- 1983), the New Paltz Central School District (1980s), the Town of Dover (1980s), the Town of . Union Vale (1971-]993 and 2004-present), and the Village of Fishkill (1990s). Al was also appointed Special Counsel to the Dutchess County Republican Legislative Caucus in a federal challenge brought by Democrats regarding the appointment of the Democrat Commissioner of . Elections (1996). AI's present municipal clients include the Town of Wappinger and the Town 1 iii' .. ., of Union Vale and he has also provided assistance and oversight on various legal matters in the Town of Hyde Park and the Village of Wappingers Falls. While at the Town of Wappinger, Al has overseen the major town wide rezoning of 1990, the complicated negotiations between the Town and the Tri-Municipal Sewer Commission for sewer processing, and all legal work associated with the 1999 2R Water Improvement (interconnection of the Atlas water system to the Hilltop tanks), as well as the consolidation of the various water and sewer districts into United Wappinger Water District and United Wappinger Sewer District. In the 1980s, while at the Town of Union Vale, Al oversaw the first major amendments to the Town's Zoning Code, and also drafted a complicated series of Local Laws and ballot propositions which authorized the use of a portion of the Town owned Tymor Park for a Town Hall facility. ., . . . AI's private sector work has included the legal work for numerous commercial projects such as the original Walbaum's Shopping Center (1978 - now Hannaford), Fishkill Shoprite (which required an annexation of property to t.~c Village of Fishkill- 1980s), Foam & Wash Facility on Route 9 in Fishkill (which required complex negotiations and agreements with the Village of Fishkill and the Town of Fishkill for water and sewer facilities)) the Shoprite Plaza in Middletown (which required a complex assemblage of parcels, relocation of utility easements, rezoning and site plan review), the two plazas in front of The Galleria (Dollar General and Bugaboo Creek Steakhouse), and the site of the Wells Fargo Bank:. .. .. Ill' Ill' 2 Ill'