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Gellert&KleinLeonard Klein Arthur L. Gellert John A. Geoghegan Roderick ).MacLeod Keith G. Ingber Robert E. Noe John J. Evans Pamela B. Richardson' 'Also Admitted in NJ By Hand Planning Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Gellert & Klein,p.~. www.gklaw.us Apri14, 2013 Attorneys at Law Counsel 75 Washington Street • Poughkeepsie, NY 12601 Elizabeth M. Corrado Stephen E. Ehlers (845) 454-3250 S. Nina Gellert (845) 454-4652 fax Justice George D. Marlow Appellate Division (Ret.) Senator Stephen M. Saland Westchester County Office Lillian S. Weigert 3010 Westchester Avenue Suite 302 Joseph H. Gellert Purchase, NY 10577 (1907-1989) (914) 249-0100 (914) 249-0111 fax Attn: Mr. Robert Valdati, Chairman Re: Town of Wappinf;er Planning Board - 2013 Attorney RFP Dear Chairman Valdati and Planning Board Members: This letter is sent in conjunction with our 2013 RFP response letter and sets forth our proposed billing rates for 2013. For the last several years, this firm has provided legal services to the Town at an hourly rate of $165.00. We value the Town of Wappinger as a client and therefore propose to provide services to the Planning Board at the same hourly rate of $165.00. This rate shall be inclusive of all secretarial, clerical and administrative expenses such as local telephone, local postage and other customary overhead expenses. Tr the QyPrt that. an i4gt!e arises that requires a naralegal's assistance, the hourly rate would be $100.00. Not included in our hourly rate are customary disbursements such as: court costs, transcripts, service of process, long distance telephone calls, photocopies, computerized research, which are charged at the actual cost incurred with no additional premium. Travel expenses maybe charged at a rate of $0.34 per mile. Thank you for the opportunity to be considered for service to the Planning Board. Please don't hesitate to contact me with any questions. Very truly yours, GELLERT & KLEIN, P.C. PAMELA RIC~A1tDSQ1~`, ~~- ~; ~- _ =y V Leonard Klein Arthur L. Gellert John A. Geoghegan Roderick 1. MacLeod Keith G. Ingber Robert E. Noe John J. Evans Pamela B. Richardson' Gellert & Attorneys at Law • K e1n,P.~. Counsel 'Also Admitted in NJ 75 Washington Street • Poughkeepsie, NY 12601 (845) 454-3250 (845) 454-4652 fax Westchester County Office 3010 Westchester Avenue Suite 302 Purchase, NY 10577 (914) 249-0100 (914) 249-0111 fax www.gklaw.us Apri14, 2013 Elizabeth M. Corrado Stephen E. Ehlers S. Nina Gellert Justice George D. Marlow Appellate Division (Ret.) Senator Stephen M. Saland Lillian S. Weigert Joseph H. Gellert (1907-1989) r y ~,; ~ i ti; j By Hand Planning Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Attn: Mr. Robert Valdati, Chairman (ASR p 4 2~1 hLr'',N,"~, _., _.„ /.... ~~ Re: Town of Wappin;;er Planning Board - 2013 Attorney RFP Dear Chairman Valdati and Planning Board Members: I write in response to the recent RFP for Planning Board Attorney services for 2013. Gellert & Klein, P.C., has a successful history of providing legal services in the practice of municipal and zoning law. Our attorneys have represented a number of planning boards in Dutchess County, including Rhinebeck, Pleasant Valley, Milan, Town of Fishkill, City of Poughkeepsie, and Town of Wappinger. Our success in the field of planning board work can be attributed, in part, to our deep commitment and ties to our local communities. As planning board counsel, we review and comment on all planning board matters referred to us; in particular, applications for site plan, special permit and subdivision approvals, as well as any other applications that may be presented to the Planning Board; prepare resolutions; draft and review easements, maintenance agreements, conveyance and dedication documents. We ensure compliance with the zoning code and other legal requirements such as General Municipal Law §239 referrals, SEQRA review, and Town Law. We additionally oversee compliance with escrow, security and bonding requirements. We advise our clients regarding compliance with meeting procedures, FOIL and the Open Meetings Law. We will ,ref Gellert & Klein, P.~. Attorneys at Law Town of Wappinger Planning Board Apri14, 2013 Page 2 prosecute and defend Article 78 proceedings and other litigation that may arise. At the Planning Board's preference, if this function is not performed by the Town Planner, we will additionally coordinate SEQRA review and draft SEQRA determinations and resolutions. We provide legal opinions regarding application of the Town Code to particular matters before the Planning Board and regarding proposed amendments that may impact the Planning Board. Finally, we will prosecute zoning enforcement matters in the Justice Court and coordinate any related Planning Board proceedings in accordance therewith. From 2008 to 2013, I was the primary attorney for the Town of Rhinebeck and was the primary attorney for the Pawling Joint Sewer Commission for the calendar year 2012. My legal career began in New York City, representing applicants before the City Planning Commission and Board of Standards and Appeals (equivalent to the Town Zoning Board). After moving to the Hudson Valley in 2003, I continued to represent applicants in local planning and zoning matters. Thereafter, upon joining Gellert & Klein, I turned my focus toward representing municipal boards. Since joining Gellert & Klein, I have provided planning and zoning services for several municipalities, including the Town of Rhinebeck, City of Poughkeepsie, Town of Milan, Town of Fishkill, the Village of Fishkill and the Town of Wappinger. Roderick MacLeod is counsel to several fire districts in Dutchess County, including among others New Hackensack, New Hamburg, Unionvale, and Northeast. He has a broad general municipal knowledge. He may provide assistance with Planning Board matters from time to time. Keith G. Ingber heads our litigation department and is an experienced litigation attorney with thirty-five (35) years of experience litigating matters at all levels of the justice system. He is a former town justice in the Town of Crawford and former special prosecutor for the Town of Walkill. Mr. Ingber may assist in complex litigation matters that involve the Planning Board. All of our attorneys are licensed to practice in the State of New York. We have an excellent team of secretaries, paralegals and other support staff to assist our attorneys in meeting the needs of our clients. Our recognized success in Dutchess County in the area of municipal law, planning and land use development is a result of our consistent ability to provide each of our municipal clients a full range of legal services with a team of experienced and committed attorneys. Gellert & Klein. P.~. Attorneys at Law Town of Wappinger Planning Board Apri14, 2013 Page 3 For the past five (5) years this firm has had the honor of representing the Town, specifically as "conflict" counsel on specific assignment from the Town Board when the Town Attorney has been unable to represent the Town in certain matters due to conflicts within their office. As part of our representation of the Town as "conflict" counsel, we have handled the following matters which either involved violations of Planning Board approval or the Zoning Code, or were before the Planning Board: All Angels Heights Subdivision Dr. Soot/Doran site plan amendment Momar Gujizman (LinCarl Inc.) Old Troy Subdivision Osborne Inn Scorin, LLC Silver Fox Subdivision Tony Panagio Wappinger Airport DriveBottini Wappinger Gardens, LLC Thomas Masch I have been the primary contact to the Town with respect to many of these matters and would be honored to be able to continue to work with the Town, and specifically the Planning Board, as your designated attorney. In connection with zoning enforcement matters, I have worked extensively with both Barbara Roberti and Mark Lieberman. I enclose herewith our firm brochure and my curriculum vitae for your consideration. Also attached is contact information for some of the municipalities for which we have provided similar services. As requested, under separate cover we have provided a list of hourly rates for our professional services. We look forward to the opportunity to represent the Planning Board. We are available at your convenience to meet with you to discuss our qualifications. Very truly yours, GELLERT & KLEIN, P.C. ;-~ -;~ ~- r - '`~ Pamela Richards Enc. REFERENCES Town of Rhinebeck 80 East Market Street Rhinebeck, NY 12572 Attn: Thomas J. Traudt, Supervisor tomtraudt(cr~, email. com (845) 240-4294 (cell) (845) 876-3409 (Town Hall) Town of Pleasant Valley 1554 Main Street Pleasant Valley, NY 12569 Attn: Carl J. Tomik, Supervisor pvs(a~pleasantvalley-n~gov (845) 635-3598 Village of Fishkill 1095 Main Street Fishkill, NY 12524 Attn: Tom VanTine, Zoning Enforcement Officer tom(awofishkill.com (845) 897-4430 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 PAMELA B. RICHARDSON, ESQ. EXPERIENCE Gellert & HIein, P.C., Poughkeepsie, NY January 2008 -Present Municipal and Land Use Associate Represent local municipal clients at all levels of government, including town boards, county legislatures, local planning and zoning boards, and sewer commissions. • Advise Town and County boards on all aspects of local governance including, adoption of legislation, budgetary matters, contracts, real property transfers, and labor and employment matters. • Guide municipal agencies regarding compliance with the Open Meetings Law, FOIL and SEQRA regulations. • Assist public entities in the procurement of goods and services through the competitive bidding process; • Reseazch and analyze complex legal issues. • Prosecute and defend litigation, including Article 78 proceedings. • Draft Local laws and resolutions. • Counsel planning and zoning boards regarding land use applications for site plan, subdivision, special permits and variance approvals. • Draft land use applications on behalf of private clients and appear before planning and zoning boards in support of same. Cuddy & Feder, T,T P, Fishkill, NY Apri12005 -November 2007 Real Estate and Land Use Associate Represented commercial and residential developers in connection with acquisition and financing of real property as well as all aspects of land use applications. • Drafted and negotiated transactional documents, including contracts of sale, easements and financing documents. • Conducted commercial closings and performed title review and clearance:. • Composed properly owners association offering plans pursuant to General Business Law §352-e and relevant Attorney General regulations. • Drafted land use applications, and regulazly appeared before town, planning and zoning boards in support of same. • Worked cooperatively with local and county agencies to address issues related to proposed development. • Performed land use due diligence, including preparation of detailed zoning analyses, title review and survey evaluation for proposed land development. • Collaborated with engineering, environmental and planning consultants to prepare Environmental Impact Statements as required by SEQRA. Savoy Senior Horsing Corp., New York, NY May 2002 -February 2004 General Counsel Advised corporation on all legal matters, including real property, corporate compliance, litigation and insurance. • Represented client in connection with all aspects of commercial and large-scale residential developments located throughout the eastern United States. • Drafted and negotiated contracts for the sale and purchase of real property, construction contracts, Loan documents, leases and management agreements. • Created corporate entities and prepared and filed corporate compliance documents. • Prosecuted and defended litigation matters. • Submitted applications to administrative agencies in connection with tax abatement and deferral programs. ~ Established and administered properly owners and condominium associations. • Collaborated and advised corporate entities on issues of construction, development and marketing. P. RICHARD50N Page 2 Herrick, Feinstein LLP, New York, NY August 1998 -April 2002 Real Estate Associate Broad transactional real estate practice, including sales, acquisitions, leasing, and borrower and lender related financing. • Drafted and negotiated loan documents, contracts for the sale of real property and commercial leases, and related documents, including escrow agreements, environmental indemnity agreements, and real estate tax agreements. • Drafted and prosecuted applications before administrative agencies in connection with Land use and zoning transactions. • Analyzed and resolved title matters, formed corporate entities, conducted commercial and residential closings, and composed condominium offering plans and amendments. • Researched and co-authored New York Law Journal article entitled Plans Promote the Rebuilding of Downtown, N.Y.L.J, Vol. 226, No. 102; November 27, 2001, at 5. • Served as lead liaison with city, state and federal government agencies regarding economic recovery and redevelopment efforts following September 11~'. EDUCATION Northeastern University School of Law, Boston, MA J.D., May 1998 Legal Internships: Herrick, Feinstein LLP, New York, NY, Spring 1998 New York City Council, Office of Oversight and Investigations, New York, NY, Summer 1997 Sive, Paget and Riesel, P.C., New York, NY, Spring 1997 United States Attorney's Office, S.D.N.Y., Civil Division, New York, NY, Fall 1996 City University of New York, Brooklyn College, Brooklyn, NY B.A. in Political Science, Magna Cum Laude, January 1994, concentration in Business and Economics Honors: Dean's List, Departmental Honors in Political Science and Economics, and Academic Scholarships PROFESSIONAL ASSOCIATIONS Mid-Hudson Women's Bar Association (President 2012-2013; Vice President 2011-2012, Director 2009- 2011} Women's Bar Association of the State of New York New York State Bar Association, Municipal Law Section BAR ADMLSSIONS New York (2000), New Jersey (1999) COMN[UNITY SERVICE Temple Seth Elohim, Chair, Caring Committee 2011-Present The Imagination Station 2, Inc., Chair, Children's Committee Kent Elementary School, Member Site Based Team 2012 Art on the Lake, Member 2011-2012