VanDeWater&VavDeWaterVAN DEWATER AND VAN DI~:WATER, LLP COUNSELORS AT LAW luhn B. Van DeWatcr (IR92-196A) Kuhert B. Van DeWater (1921-1990) lames E. Nelson Gcrird I. Cunuitos. Ir. Ronald C (?,lass..Ir. I:~ic W. Barnett Audrev Eriedrichsen Scott Jonathan M. Ream Adrienne Odierna K, CIVIC CENTER PLA7A, SUITE 101 P.O. BOX 112 POUGIIKEEPSIE, NEW YORK 12601 ($d_>)4j2-1900 Fay (84i) 4i2-1848 WEBSITE ADDRESS: www.vandcwatcrlaw.com GENERAL E-MAIL ADDRESS: info~u!vandewaterlaw.com Noel deCordova..Ir. (Retired) Edward vh Cunnim~ham. Ir .lohn h. Gifford Cynthia S Rosenznvcig Shari S.L. Ilubncr ,lapis M. Gomez Anderson Counul :y{I,.:~ April 4, 2013 __ Hon. Robert Valdati, Chairman 11 ~} Town of Wappinger Planning Board J ~~"~ 20 Middlebush Road Wappingers Falls, NY 12590 Re: Request for Proposals for Attorney Services for Town of Wappinger Planning Board Dear Mr. Valdati: Please accept this cost proposal to supplement our response to RFP of the Town of Wappinger Planning Board. The rate for each attorney (listed below) will be $165/hour. • James E. Nelson, Esq., Partner • Ror_ald C. Blass, Jr., Esq., Partner • Audrey L. Friedrichsen Scott, Esq., Associate • Janis M. Gomez Anderson, Esq., Of Counsel These rates are inclusive of all secretarial, clerical and administrative services and all local telephone, postage and other customary overhead expenses. It is anticipated that the Planning Board maintains an escrow-based pass through of its legal fees to the applicants. Consequently, we are prepared to keep a separate billing account for each application. -~' y-//- /.3 - ..~ We offer up to three (3) hours per month of unbilled time toward general legal representation of the Planning Board on administrative matters not covered by applicant escrows. Very truly yours, VAN DEWATER & V DEWATER, LLP By. RO LD C BLASS, JR. VAN DEWATER AND VAN D~:WATER, LLP COUNSELORS ,4"f LAW luhn L3_ Van DcWalcr (IS92-196ti) Rohert 13 Van DeWater (1921-1990) lame, I.:. Nelson Gerard I_ Comatos..lr. Ronald C. Blass. Ir. K~ Ic W. 13arnctt Audre~~ Pricdrichscn Scott lunathan M. Ream Adrienne Odierna S~ CIVIC CL-N'fER I''I.A/_,4. SUI'fG 101 P.O. 13OX 112 POUGIIKEEPSIE. NEW YORK 12601 (g~5) q,2_j900 Pas (R-1~)d~2->Ra'~ WI'.l3SffG ADDRESS'. ~~~~~w.vandc~~~alcrlaw com GliNl?RAL. I.i-MAIL ADDRESS: n~cru ~_andc~a_at~rla~~ com April 4, 2013 Noel deCordova, Ir_ (Retired) [:chvard vK Cunningham. Ir. ,luhn K. Gifford Cynthia S. Rosenzweig Shari S.I.. Flubncr .lapis h1. GUmeZ Andcrs~m Counsel ~r~ Hon. Robert Valdati, Chairman Town of Wappinger Planning Board 20 Middlebush Road Wappingers Falls, NY 12590 Re: Request for Proposals for Attorney Services for Town of Wappinger Planning Board Dear Mr. Valdati: We respond to the RFP for legal representation of the Town of Wappinger Planning Board. Van DeWater & Van DeWater has existed since 1914. Most of our attorneys regularly provide guidance to local municipalities and public officials, including planning boards. Van DeWater & Van DeWater provides a full range of services to municipalities, including general counseling, land use issues, litigation, defense of tax review proceedings, municipal finance, legislative drafting, and legal administration of public works. In land use matters, Van DeWater & Van DeWater fairly and efficiently balances the playing field for its municipal clients. 1 r Our firm was a part of the legal team which handled the seminal SEQRA decision by the state's highest court in Merson v. McNally. There, the Court of Appeals identified rules for the proper scope of "impact mitigation negotiation" between a planning board and an applicant in order to develop, where possible, a sound project while being careful not to circumvent SEQRA procedures. That case was nominated by a lead SEQRA commentator, in 2000, as one of the six most important SEQRA decisions of the prior decade. Attached is the New York Law Journal column where this observation was made. Interestingly, Van DeWater & Van DeWater handled one of the other six most important SEQRA cases, WEOK Broadcasting Corp. v Planning Board of Lloyd, also noted in that column. The firm was on the winning side in both significant land use decisions. The firm has handled complex land use matters for the private sector as well, including the siting and SEQRA review of the Frank Gehry designed Fisher Center for the Performing Arts at Bard College in Red Hook. What distinguishes Van DeWater & Van DeWater is the longevity and continuity of the firm's representation of its municipal clients, for instance: (a) Town of LaGrange since the 1930's. (b) Town of Fishkill Planning Board since 2009. (c) Town of Washington since about 1973. (d) Town of Poughkeepsie commencing in 1977, and continuing in various capacities thereafter, including planning board representation since 2007. (e) Town of Kent Planning Board since 2001. (f) Town of Marlborough Planning Board since 2001. (g) Town of Pleasant Valley Planning Board, for about 20 years. (h) Village of Millbrook since 2009. We are pleased to respond to the Request for Proposal. By virtue of experience and skill, we can meet the legal representation needs of the Wappinger Planning Board. When represented by Van Dewater & Van DeWater in the area of land use, zoning and planning, our clients have available to them a team of attorneys who are experienced and skilled, working under the guidance of a senior partner who will 2 be fully accessible to the Board and on whose desk the buck will stop. The members of the Van DeWater & Van DeWater team are as follows: James E. Nelson, Esq., Partner Mr. Nelson is a 35 year member of the firm. He has extensive experience in the areas of land use, zoning, environmental and municipal law, including regulatory and media law issues by virtue of representation of the Dutchess County Resource Recovery Agency, Gannett Corporation (Poughkeepsie Journal) and Ottaway Newspapers (Times Herald Record). He currently serves as Town Attorney to the Town of Poughkeepsie. He represents the Town of Pleasant Valley Planning Board, and its Zoning Board of Appeals. Ronald C. Blass, Jr., Esq., Partner Mr. Blass is a 30-year member of the firm. He serves as the partner at Van DeWater & Van DeWater in charge of the decades- long representation of the Town of LaGrange. He manages the firm's representation of the Town of Marlborough and the Town of Kent in Putnam County. This experience involves regular attendance at meetings of the boards of these municipalities, including all meetings of the planning boards of the Town of Kent and the Town of Marlborough. Audrey L. Friedrichsen Scott, Esq., Associate Ms. Scott is a 2004 graduate of Pace Law School, where she earned a certificate in environmental law. She has been an associate with Van DeWater & Van DeWater, LLP since December of 2007, and also practices principally in the areas of municipal law, zoning and planning, environmental law and real estate. She also has experience in representing developers of commercial and residential projects before planning and zoning boards. Ms. Scott currently represents the Town of Fishkill Planning Board the Town of Poughkeepsie Planning Board. In addition, she does work for the Planning Boards of the Towns of Pleasant Valley, LaGrange, Marlborough and Kent. 3 Janis M. Gomez Anderson, Esq., of Counsel Ms. Gomez Anderson earned her Juris Doctor from Emory University in 1997, where she graduated in the top 10% of her class. She also practices principally in the areas of municipal law, zoning and planning. Proposed Work Program At Van DeWater & Van DeWater, we meet our clients' expectation that their consultants provide all necessary services in a competent and in a timely fashion. The firm, in consultation with the Planning Board, will designate one attorney to be on point to insure efficiency and continuity. For this purpose, we nominate Audrey L. Friedrichsen Scott. Her resume is enclosed for your review. We will swiftly integrate into the Planning Board's two-meeting per month schedule. We will work with the Secretary to the Planning Board to set up a method to obtain, prior to public meetings, the applications and other materials submitted to the Planning Board in order that the Planning Board and, the applicants (to the degree authorized), may be apprised of issues in advance. We will be in communication with other Planning Board consultants with regard to their reviews of applications. Post meeting, we will quickly follow up with any legal issues raised by the Planning Board's review and discussion of applications. All members of the team may be easily reached by phone or e-mail. We will provide legal coverage for all regular and special Planning Board meetings, and will be available for any site visits, off-line meetings with applicants and their consultants and other events as necessary. There will be one attorney on point for continuity and efficiency, and we propose Ms. Friedrichsen Scott, but in the event of a scheduling conflict or other unavailability of the lead attorney, the fact that there are several qualified attorneys on the Van DeWater team insures that an experienced representative will always be available. The depth of practical experience and skill of our planning board attorneys allows for us, in fairness to the private sector applicants, to control costs and to keep consulting fee pass-throughs within a reasonable range. 4 References Town of Marlborough Planning Board Joseph Porco, Chairman Town of Marlborough 1650 Route 9W, P. 0. Box 305 Milton, NY 12547 795-5243 Secretary: Kathi Natland KNatland@MarlboroughNY.US Town of Pleasant Valley Planning Board Rebecca Seaman, Chairwoman Town of Pleasant Valley 1554 Main Street Pleasant Valley, NY 12569 635-8395 Secretary: Maura Kennedy mkennedy@pleasantvalley-ny.gov Town of Poughkeepsie Planning Board John Weisman, Chairman Town of Poughkeepsie One Overocker Road Poughkeepsie, NY 12603 485-3658 Secretary: Carol Barone CBarone@townofpoughkeepsie-ny.gov Town of Fishkill Planning Board Mary Hendricks, Chairwoman Town of Fishkill 807 Route 52 Fishkill, NY 12524 831-7800 Ext. 3328 Secretary: Debbie Davis ddavis@fishkill-ny.gov Town of Kent Planning Board Russell Fleming, Chairman Town of Kent 25 Sybil's Crossing Kent Lakes, NY 10512 225-7802 Secretary: Vera Patterson planning@townofkentny.gov 5 Town of LaGrange Planning Board Alan Bell, former Chairman; current Town Board member Town of LaGrange 120 Stringham Road LaGrangeville, NY 12540 452-2046 Secretary: Eileen Mang emang@lagrangeny.org Thank you for the opportunity to submit this proposal. As requested, our cost proposal is submitted under separate cover. Please do not hesitate to contact the undersigned if you have any questions or require further information. Very truly yours, VAN By. Enclosures 6 ALiDREY L. FRIEDRICHSEN SCOTT Van DeV~'ater & Van DeWater. LLP 8.5 CivicCenter Plaza. Suite 101 Poughkeepsie. NY 12601 (845) :}52-5900 ascott(~wandewaterlaw.com EDUCATION Mace Law School, White Plains. NY, .furis Doctor, Cui~~ Lnuc~c~, May 2004 Class Ranh: 16/192 GPA: 3.58 Certificate in Environmental Law Admitted in New York State Pace Environmental Law Review. Operations/Symposium Editor; Pace Federal Judicial Extern Honors I~I'0~.?r~llll: Pace EllVll'Olllllental Lltlgatlo-1 C11111C; Pace D.C. Envll'omllelltal Extel'nShlp P1'Ogl'alll; Isaac Rlibin Clinical Lawyering Award Cornell University, School of Agriculture and Life Sciences, Ithaca, NY, Bachelor of Science. May 1995 Major: Biology; Varsity Women's Crew, 4 years LEGAL EXPERIENCE Van DeWater S Van DeWater, LLP. Pou~~hkeepsie. NY, Associate Attorney. December 2007 to Present Majority of practice is in municipal law as counsel to plam~ing, zoning and legislative boards as well as other municipal entities, including tiro districts and public authorities. Jacohowitz & Gubits, LLP, Monticello, NY, Associate Attorney, September 2004 to December 2007 Practiced in the areas of land use, environmental and municipal law. Coordinated with members of project teams representing applicants in the approval process for residential and commercial development projects. Pace Em~ironmental Litigation Clinic, 2003-4 Academic Year Conducted lc~~al work under the federal Clean Water Act and other environmental statutes. Rivert:ecper, Inc., White Plains, NY. Legal Intern, 2002-3 and 200 ~-4 Academic Years Assisted non-profit staff attorneys in environmental advocacy, especially protection of drinking water resources. United States Department of Justice, Environment and Natural Resources Division, Environmental Enforcement Scetion, Washin;~ton, D.C., Legal Intern, Summer 2003 Worked with .lustice Department assistant attorneys general in enforcement of federal environmental laws. Office of the New Yorl: State Attorney Ceneral, Environmental Protection Bureau. New York. NY L~~~al Intern. Summer 2002 Worked with state assistant attorneys general and represented the NY State Department of Environmental Conservation in the enforcement of state environmental laws. OTHER EXPERIENCC Rowing Coach, Varsity Women's Coach, Marist College, Poughkeepsie, NY, 1999 to 2001; Freshman Boys' Coach, F.D. Roosevelt High School, Hyde Park. NY, Spring 1999; Novice Men's Coach, Colgate University. Hamilton, NY, 1996-1997; Assistant Men's Coach. Cornell University, Ithaca, NY. 1995-]996. Developed trainin~~ plans and prepared student-athletes for regular season competition and national championships; maintained and set up rowing equipment; recruited athletes, conducted NCAA compliance reviews. ACTIV[T[ES Competitive road cyclist since 2007 holding a Category 1 USA Cycling license; triathlete. r VAN DEWATER AND VAN D~:WATER, LLP COUNSIiLORS A f L,AW lohn 1.3_ Van DcAVoter (I 592-1965) Robert 13 Van I)c~Vater (1921-1990) lanes L. Nelson (icrird I Conrllos..lr. Ronald C. I31ass. Jr. Kyle fib'. Barnett Audrev f~ricdrichsen Scotl lunathan NI. Ruun Adrienne (kiierna S? CIVIC CGN'I~GR PLA7A_ SUffG 101 P.O. 13OX 112 POUGHKI~EiPSII. N13~V YORK 12601 (54i) 4~2-i900 I a.~ (R-1~14?2-i5~45 Noel drCordova. Ir. QZctired) 6chvard vK Cunnineham. Ir. john K. (;if~liud Cynthia S. Kosaizwria Shari S.I.. I luhner Tanis M Gomez Anderson Counsel ~VII3S1"I li ADDRI?SS: ~Fww~.vandrwatciiaw.ann GL-N1=RAL. ~-MAII. ADURLSS: inib~u'vandcwateilu~c.com April 4, 2013 Hon. Robert Valdati, Chairman Town of Wappinger Planning Board 20 Middlebush Road Wappingers Falls, NY 12590 ~ I~ `~ ~ L.) I l~ ~5r ~~ Re: Request for Proposals for Attorney Services for Town of Wappinger Planning Board Dear Mr. Valdati: We respond to the RFP for legal representation of the Town of Wappinger Planning Board. Van DeWater & Van DeWater has existed since 1914. Most of our attorneys regularly provide guidance to local municipalities and public officials, including planning boards. Van DeWater & Van DeWater provides a full range of services to municipalities, including general counseling, land use issues, litigation, defense of tax review proceedings, municipal finance, legislative drafting, and legal administration of public works. In land use matters, van DeWater & Van DeWater fairly and efficiently balances the playing field for its municipal clients. 1 r Our firm was a part of the legal team which handled the seminal SEQRA decision by the state's highest court in Merson v. McNally. There, the Court of Appeals identified rules for the proper scope of "impact mitigation negotiation" between a planning board and an applicant in order to develop, where possible, a sound project while being careful not to circumvent SEQRA procedures. That case was nominated by a lead SEQRA commentator, in 2000, as one of the six most important SEQRA decisions of the prior decade. Attached is the New York Law Journal column where this observation was made. Interestingly, Van DeWater & Van DeWater handled one of the other six most important SEQRA cases, WEOK Broadcasting Corp. v Planning Board of Lloyd, also noted in that column. The firm was on the winning side in both significant land use decisions. The firm has handled complex land use matters for the private sector as well, including the siting and SEQRA review of the Frank Gehry designed Fisher Center for the Performing Arts at Bard College in Red Hook. What distinguishes Van DeWater & Van DeWater is the longevity and continuity of the firm's representation of its municipal clients, for instance: (a) Town of LaGrange since the 1930's. (b) Town of Fishkill Planning Board since 2009. (c) Town of Washington since about 1973. (d) Town of Poughkeepsie commencing in 1977, and continuing in various capacities thereafter, including planning board representation since 2007. (e) Town of Kent Planning Board since 2001. (f) Town of Marlborough Planning Board since 2001. (g) Town of Pleasant Valley Planning Board, for about 20 years. (h) Village of Millbrook since 2009. We are pleased to respond to the Request for Proposal. By virtue of experience and skill, we can meet the legal representation needs of the Wappinger Planning Board. When represented by Van Dewater & Van DeWater in the area of land use, zoning and planning, our clients have available to them a team of attorneys who are experienced and skilled, working under the guidance of a senior partner who will 2 be fully accessible to the Board and on whose desk the buck will stop. The members of the Van DeWater & Van DeWater team are as follows: James E. Nelson, Esq., Partner Mr. Nelson is a 35 year member of the firm. He has extensive experience in the areas of land use, zoning, environmental and municipal law, including regulatory and media law issues by virtue of representation of the Dutchess County Resource Recovery Agency, Gannett Corporation (Poughkeepsie Journal) and Ottaway Newspapers (Times Herald Record). He currently serves as Town Attorney to the Town of Poughkeepsie. He represents the Town of Pleasant Valley Planning Board, and its Zoning Board of Appeals. Ronald C. Blass, Jr., Esq., Partner Mr. Blass is a 30-year member of the firm. He serves as the partner at Van DeWater & Van DeWater in charge of the decades- long representation of the Town of LaGrange. He manages the firm's representation of the Town of Marlborough and the Town of Kent in Putnam County. This experience involves regular attendance at meetings of the boards of these municipalities, including all meetings of the planning boards of the Town of Kent and the Town of Marlborough. Audrey L. Friedrichsen Scott, Esq., Associate Ms. Scott is a 2004 graduate of Pace Law School, where she earned a certificate in environmental law. She has been an associate with Van DeWater & Van DeWater, LLP since December of 2007, and also practices principally in the areas of municipal law, zoning and planning, environmental law and real estate. She also has experience in representing developers of commercial and residential projects before planning and zoning boards. Ms. Scott currently represents the Town of Fishkill Planning Board the Town of Poughkeepsie Planning Board. In addition, she does work for the Planning Boards of the Towns of Pleasant Valley, LaGrange, Marlborough and Kent. 3 References Town of Marlborough Planning Board Joseph Porco, Chairman Town of Marlborough 1650 Route 9W, P. 0. Box 305 Milton, NY 12547 795-5243 Secretary: Kathi Natland KNatland@MarlboroughNY.US Town of Pleasant Valley Planning Board Rebecca Seaman, Chairwoman Town of Pleasant Valley 1554 Main Street Pleasant Valley, NY 12569 635-8395 Secretary: Maura Kennedy mkennedy@pleasantvalley-ny.gov Town of Poughkeepsie Planning Board John Weisman, Chairman Town of Poughkeepsie One Overocker Road Poughkeepsie, NY 12603 485-3658 Secretary: Carol Barone CBarone@townofpoughkeepsie-ny.gov Town of Fishkill Planning Board Mary Hendricks, Chairwoman Town of Fishkill 807 Route 52 Fishkill, NY 12524 831-7800 Ext. 3328 Secretary: Debbie Davis ddavis@fishkill-ny.gov Town of Kent Planning Board Russell Fleming, Chairman Town of Kent 25 Sybil's Crossing Kent Lakes, NY 10512 225-7802 Secretary: Vera Patterson planning@townofkentny.gov 5 Town of LaGrange Planning Board Alan Bell, former Chairman; current Town Board member Town of LaGrange 120 Stringham Road LaGrangeville, NY 12540 452-2046 Secretary: Eileen Mang emang@lagrangeny.org Thank you for the opportunity to submit this proposal. As requested, our cost proposal is submitted under separate cover. Please do not hesitate to contact the undersigned if you have any questions or require further information. Very truly yours, VAN By: Enclosures 6 AUUREY L. FRIEDRICHSEN SCOTT Van DeWater & Van DeWater. LLP ~5 Civic Center Plaza, Suite 101 Poughkeepsie. NY 12601 X845) 452-5900 ascott(cwandewaterlaw.com EDUCATION Pace Law School, White Plains. NY, Juris Doctor, Cann Luudc, May 2004 Class Ranl:: 16/192 CPA: 3.58 Certificate in Environmental Law Admitted in New York State Pace En~~ironmental Law Review, Operations/Symposium Editor; Pace federal Judicial Extern Clonors PI'0~,?ra111; Pace Envll'Om17el1tal )_,ltlgatl011 Chlllc; Pdce D.C. EnVll'017mental EXtel'nShlp P1'Ogl'alll; Isaac Rllbin Clinical Lawyering Award Cornell University, School of Agriculture and Life Sciences, Ithaca, NY, Bachelor of Science. May 1995 Major: Biology; Varsity Women's Crew, 4 years LEGAL EXPERIENCE Van DeWater & Van Dc~~'atcr, LLP. Poughkeepsie. NY, Associate Attorney. December 2007 to Present Majority of-practice is in municipal law as counsel to planning, zoning and legislative boards as ~ticll as other municipal entities, including fire districts and public authorities. Jacobowitz & Cubits, LLP, Monticello, NY, Associate Attorney, September 2004 to December 2007 Practiced in the areas of land use, envn•onmental alld llllltllctpal law. Coordinated with members of project teams representing applicants in the approval process for residential and commercial development projects. Pace Em-ironmenhil Litigation Clinic, 2003-~ ACadel171C Yeal' Conducted legal work under the federal Clean Water Act and other environmental statutes. Rivcrkeepcr, Inc., White Plains, NY, Legal Intern, 2002-3 and 2003-4 Academic Years Assisted non-profit staff attorneys in environnental advocacy, especially protection of drinking water resources. United States Department of Justice, Environment and Natural Resources Division, Environmental Enforcement Section, Washington, D.C., Legal Intern, Summer 2003 Worked with .lustice Department assistant attorneys general in enforcement of federal environmental laws. Oftice of the New Yorl: State Attorney General, Environmental Protection l3urcau, New York. NY Lc~~al Intern. Summer 2002 Worked with state assistant attorneys general and represented the NY State Department of Environmental Conservation in the enforcement of state environmental laws. OTI-IER EXPERIENCE Rowing Coach, Varsity Women's Coach, Marist College, Poughkeepsie, NY, 1999 to 2001; Freshman Boys' Coach. P.D. Roosevelt Cligh School, Clyde Park, NY, Spring 1999; Novice Men's Coach, Colgate University. I-lamilton, NY. 1996-1997; Assistant Men's Coach, Cornell University, Ithaca, NY, 1995-1996. Developed trall7ing plallS and 171'epal'ed student-athletes IOC 1'eglllar SeaSOn COmpetltlon alld Ilatlollal Chan7p1o11s111pS; maintained and set up rowing eduipment; recruited athletes, conducted NCAA compliance reviews. ACTIVITIES Competitive road cyclist since 2007 holding a Category 1 LISA Cycling license; triathlete. ti VAN DEWATER AND VAN D-:WATER, LLP COUNSELORS A~f LAW lohn 13_ Van Dc4Vatcr (1892-1968) Rohcrt B Van Dc~Vatcr (1921-1990) Iames 1{. Nelson Gerard I. Conuuos..lr. Ronald C Rlass_ .Ir. K~Ic W. 13amctt Audrec Fric<h~ichscn Scott Iunathan NI. Ream 1drienne Odicrna Noel deCordova. Ir. (Retircdl Gdward vK Cunninsham. Ir. john K- Gil~li~rd C~nthiaS Roscnzw~i~~ Sh;tri S.L. I luhner .lapis M. Gamer Anderson Counsel s, Clvlc cI::N~rIR t'Lnz:~. surrr I of P.O. l3Ua 112 POUGIiKGF.PSIG. NGbV YORK 12601 (g~i) 4i2-?900 fay 18~45)4S2-~SdB ~V113S1"IT ADDRIiSS: w_~t~w.vnxlc~~~atciiaw.atnt GLNI=RA1. [:-MAIL ADDRESS: inlru'~ and~~~'nl~rl_nc.com April 4, 2013 `1F'~'~ ~ >~ 1 Hon. Robert Valdati, Chairman Town of Wappinger Planning Board 20 Middlebush Road ~~ Wappingers Falls, NY 12590 ~i,~+? //"" r Re: Request for Proposals for Attorney Services for Town of Wappinger Planning Board Dear Mr. Valdati: We respond to the RFP for legal representation of the Town of Wappinger Planning Board. Van DeWater & Van DeWater has existed since 1914. Most of our attorneys regularly provide guidance to local municipalities and public officials, including planning boards. Van DeWater & Van DeWater provides a full range of services to municipalities, including general counseling, land use issues, litigation, defense of tax review proceedings, municipal finance, legislative drafting, and legal administration of public works. In land use matters, Van DeWater & Van DeWater fairly and efficiently balances the playing field for its municipal clients. 1 Our firm was a part of the legal team which handled the seminal SEQRA decision by the state's highest court in Merson v. McNally. There, the Court of Appeals identified rules for the proper scope of "impact mitigation negotiation" between a planning board and an applicant in order to develop, where possible, a sound project while being careful not to circumvent SEQRA procedures. That case was nominated by a lead SEQRA commentator, in 2000, as one of the six most important SEQRA decisions of the prior decade. Attached is the New York Law Journal column where this observation was made. Interestingly, Van DeWater & Van DeWater handled one of the other six most important SEQRA cases, WEOK Broadcasting Corp. v Planning Board of Lloyd, also noted in that column. The firm was on the winning side in both significant land use decisions. The firm has handled complex land use matters for the private sector as well, including the siting and SEQRA review of the Frank Gehry designed Fisher Center for the Performing Arts at Bard College in Red Hook. What distinguishes Van DeWater & Van DeWater is the longevity and continuity of the firm's representation of its municipal clients, for instance: (a) Town of LaGrange since the 1930's. (b) Town of Fishkill Planning Board since 20 09. (c) Town of Washington since about 1973. (d) Town of Poughkeepsie commencing in 1977, and continuing in various capacities thereafter, including planning board representation since 2007. (e) Town of Kent Planning Board since 2001. (f) Town of Marlborough Planning Board since 2001. (g) Town of Pleasant Valley Planning Board, for about 20 years. (h) Village of Millbrook since 2009. We are pleased to respond to the Request for Proposal. By virtue of experience and skill, we can meet the legal representation needs of the Wappinger Planning Board. When represented by Van Dewater & Van DeWater in the area of land use, zoning and planning, our clients have available to them a team of attorneys who are experienced and skilled, working under the guidance of a senior partner who will z be fully accessible to the Board and on whose desk the buck will stop. The members of the Van DeWater & Van DeWater team are as follows: James E. Nelson, Esa., Partner Mr. Nelson is a 35 year member of the firm. He has extensive experience in the areas of land use, zoning, environmental and municipal law, including regulatory and media law issues by virtue of representation of the Dutchess County Resource Recovery Agency, Gannett Corporation (Poughkeepsie Journal) and Ottaway Newspapers (Times Herald Record). He currently serves as Town Attorney to the Town of Poughkeepsie. He represents the Town of Pleasant Valley Planning Board, and its Zoning Board of Appeals. Ronald C. Blass, Jr., Esq., Partner Mr. Blass is a 30-year member of the firm. He serves as the partner at Van DeWater & Van DeWater in charge of the decades- long representation of the Town of LaGrange. He manages the firm's representation of the Town of Marlborough and the Town of Kent in Putnam County. This experience involves regular attendance at meetings of the boards of these municipalities, including all meetings of the planning boards of the Town of Kent and the Town of Marlborough. Audrev L. Friedrichsen Scott, Esq., Associate Ms. Scott is a 2004 graduate of Pace Law School, where she earned a certificate in environmental law. She has been an associate with Van DeWater & Van DeWater, LLP since December of 2007, and also practices principally in the areas of municipal law, zoning and planning, environmental law and real estate. She also has experience in representing developers of commercial and residential projects before planning and zoning boards. Ms. Scott currently represents the Town of Fishkill Planning Board the Town of Poughkeepsie Planning Board. In addition, she does work for the Planning Boards of the Towns of Pleasant Valley, LaGrange, Marlborough and Kent. 3 Janis M. Gomez Anderson, Esq., of Counsel Ms. Gomez Anderson earned her Juris Doctor from Emory University in 1997, where she graduated in the top 10% of her class. She also practices principally in the areas of municipal law, zoning and planning. Proposed Work Program At Van DeWater & Van DeWater, we meet our clients' expectation that their consultants provide all necessary services in a competent and in a timely fashion. The firm, in consultation with the Planning Board, will designate one attorney to be on point to insure efficiency and continuity. For this purpose, we nominate Audrey L. Friedrichsen Scott. Her resume is enclosed for your review. We will swiftly integrate into the Planning Board's two-meeting per month schedule. We will work with the Secretary to the Planning Board to set up a method to obtain, prior to public meetings, the applications and other materials submitted to the Planning Board in order that the Planning Board and, the applicants (to the degree authorized), may be apprised of issues in advance. We will be in communication with other Planning Board consultants with regard to their reviews of applications. Post meeting, we will quickly follow up with any legal issues raised by the Planning Board's review and discussion of applications. All members of the team may be easily reached by phone or e-mail. We will provide legal coverage for all regular and special Planning Board meetings, and will be available for any site visits, off-line meetings with applicants and their consultants and other events as necessary. There will be one attorney on point for continuity and efficiency, and we propose Ms. Friedrichsen Scott, but in the event of a scheduling conflict or other unavailability of the lead attorney, the fact that there are several qualified attorneys on the Van DeWater team insures that an experienced representative will always be available. The depth of practical experience and skill of our planning board attorneys allows for us, in fairness to the private sector applicants, to control costs and to keep consulting fee pass-throughs within a reasonable range. 4 References Town of Marlborough Planning Board Joseph Porco, Chairman Town of Marlborough 1650 Route 9W, P. 0. Box 305 Milton, NY 12547 795-5243 Secretary: Kathi Natland KNatland@MarlboroughNY.US Town of Pleasant Valley Planning Board Rebecca Seaman, Chairwoman Town of Pleasant Valley 1554 Main Street Pleasant Valley, NY 12569 635-8395 Secretary: Maura Kennedy mkennedy@pleasantvalley-ny.gov Town of Poughkeepsie Planning Board John Weisman, Chairman Town of Poughkeepsie One Overocker Road Poughkeepsie, NY 12603 485-3658 Secretary: Carol Barone CBarone@townofpoughkeepsie-ny.gov Town of Fishkill Planning Board Mary Hendricks, Chairwoman Town of Fishkill 807 Route 52 Fishkill, NY 12524 831-7800 Ext. 3328 Secretary: Debbie Davis ddavis@fishkill-ny.gov Town of Kent Planning Board Russell Fleming, Chairman Town of Kent 25 Sybil's Crossing Kent Lakes, NY 10512 225-7802 Secretary: Vera Patterson planning@townofkentny.gov s Town of LaGrange Planning Board Alan Bell, former Chairman; current Town Board member Town of LaGrange 120 Stringham Road LaGrangeville, NY 12540 452-2046 Secretary: Eileen Mang emang~lagrangeny.org Thank you for the opportunity to submit this proposal. As requested, our cost proposal is submitted under separate cover. Please do not hesitate to contact the undersigned if you have any questions or require further information. Very truly yours, VAN By. Enclosures 6 AUDREY L. FRIEllRICHSEN SCOTT Van DcVI'at~.r ~ Van DeWater I LP 85 Civic Center Plaza Suite 101 Pou~rhkeepsie• NY 12601 (84~) 452-5900 ascott~~~r vandewaterlaw.com EDUCATION Pace Law School, White Plains, NY, .iuris Doctor, Cum Lat~clc~, May 2004 Class Ranh: 16/192 CPA: 3.>8 Ccrtiticate in Environmental Law Admitted in New York State Pace Environmental Law Review, Operatirn~s/Symposium Editor; Pace Federal .Iudicial Extern Hunors PI'O~~I•anl; Pace EIIVlromllelllal L.ltlgatloll CllIl1C; Pace D.C. EnVll'olllllental Extel•nShlp Pl'Ogl'a111; Isaac Rublll Clinical Lawyering Award Cornell University, School of Agriculture and Life Sciences, Ithaca, NY, Bachelor of Science. May 199 Major: Biology; Varsity Women's Crew, 4 years LEGAL EXPERIENCE Van DeWater & Van DcWater, LLP, Pou~~hkeepsie, NY, Associate Attorney. December 2007 to Present Majority of practice is in municipal law as counsel to planning, zoning and legislative boatels as well as other municipal entities, including tine districts and public authorities. Jacobowitz & Gubits, LLP, Monticello, NY, Associate Attorney, September 2004 to December 2007 Practiced in the areas of land use, environmental and municipal law. Coordinated with members of project teams representing applicants in the approval process for residential and commercial development projects. Pace Environmental Litigation Clinic, 2003-4 Academic Year Conducted legal work under the federal Clean Water Act and other environmental statutes. Riverkeeper, Inc., White Plains. NY, Legal hltern, 2002-3 and 2003-4 Academic Years Assisted non-profit staff attorneys in environmental advocacy, especially protection of drinking water resources. United States Department of .)ustice, Environment and Natural Resources Division, Environmental Enforcement Section, Washington, D.C., Legal Intern, Summer 2003 Worked with .Iustice Department assistant attorneys general in enforcement of federal environmental laws. Oftice of the New York State Attorney General, Environmental Protection Bureau, New York. NY Legal Intern. Summer 2002 Worked with state assistant attorneys general and represented the NY State Department of Environmental Conservation in the enforcement of state environmental laws. OTHER EXPERIENCE Rowing Coach, Varsity Women's Coach, Marist College, Poughkeepsie, NY, 1999 to 2001; Fresh-nan Boys' Coach. P.D. Roosevelt High School, I-~Iyde Pai°k, NY, Sprin~~ 1999; Novice Men's Coach, Colgate University. Hamilton, NY. 1996-1997; Assistant Men's Coach, Cornell University, Ithaca, NY, 1995-1996. Developed trainin~~ plans and prepared student-athletes for regular season competition and national championships; maintained and set up rowing equipment; recruited athletes, conducted NCAA compliance reviews. ACTIVITIES Competitive road cyclist since 2007 holding a Category 1 LISA Cycling license; triathlete.