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Stenger,Roberts,Davis&diamond ~11='~; i~ a~ ~i)~ 3 °1.. ~~ STENGER, ROBERTS, DAVIS & DIAMONDS LLP ~, ATTORNEYS AND COUNSELORS AT LAW ii36 ROUTE 9 WAPPINGERS FALLS, NEW YORK i259o Phone: (845) 298-2000 Fax: (845) 298-2842 Email: infoCa?srddlw.com RESPONSE TO REQUEST FOR PROPOSALS TOWN OF WAPPINGER PLANNING BOARD April 3, 2oi3 ~/-/ ~ - s; _~- ~ V m ,APP ~ X01 s STENGER, ROBERTS, DAMS 8a DIAMOND, LLP SCHEDULE OF CHARGES - 2013 ~ ~~ TOWN OF WAPPINGER /° General Town Work, including Justice Court: Attorneys ~ 165.00 per hour Paralegals $125.00 per hour Litigation (Federal Courts & Supreme Courts): Partners X215.00 per hour Associates $185.00 per hour Paralegals $125.00 per hour Legal Assistants ~ 85.00 per hour 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 x.25 per page Digital reproduction at cost Disbursements -Filing Fees, Recording Fees, Court Costs, etc. at cost Unspecified Expenses at cost Legal Research Database Access at cost .~~ 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 April 3, 2013 www.srddlaw.com e-mail: info@srddlaw.com Planning Board Town of Wappinger Kenneth M. Stenger 20 Middlebush Road Wappingers Falls, New York 12590 Albert P. Roberts Attention: Robert Valdati, Chairman Thomas R. Davis Re: RFP for Legal Services Stephen E. Diamond* Joan F. Garrett** Dear Mr. Valdati and Board Members: Kevin T. McDermott I am a partner in the law firm of Stenger, Roberts, Davis 8v Diamond, LLP, with offices located at 1136 Route 9, in the Town of Angel I. Falcdn Wappinger. Enclosed with this letter is our firm's resume, as well James P. Horan*** as my personal resume. Submitted in a sealed envelope is the proposed Schedule of Fees for this appointment. Lisa M. Cobb M. Ellen O'Sullivan Marina O'Neill Firm Overview .r Melissa A. Manna-Williams My firm is one of the larger firms resident in Dutchess County, with four partners, eight associates and two attorneys affiliated on an "Of Counsel" basis. My firm has one of the largest OF COUNSEL Municipal Law Departments in Dutchess County. The attorneys in Scott L. Volkman the firm's Municipal Department have extensive and varied private ~ Karen MacNish sector and municipal experience, including the representation of several local communities for several decades. PARALEGALS Sandra Oakley The firm has successfully handled complex legislative, Dawn M. Paino 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 CLOSING COORDINATOR Maria L. Jones • ALSO ADMITTED IN FL S MA •• ALSO ADMITTED IN CT •" ALSO ADMITTED IN NJ ~' 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 the area of land use applications such as subdivision review, site plan review, planning and environmental analysis. The attorneys in the firm have been representing municipalities throughout Dutchess County for more than 40 years. I personally have represented municipalities since I graduated law school in 1970. 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, my firm won a landmark case on behalf of the Town of Wappinger (Absolute Property Management v. Town of Wappinger). 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 astate-wide precedent. As of January 1, 2013, Scott L. Volkman, formerly of Gellert 8v Klein in Poughkeepsie, New York, has become "Of Counsel", and moved his practice to the firm. Scott has extensive experience in Municipal Law and represents various municipalities. He is presently attorney to the Dutchess County Legislature, as well as the Town of Pleasant Valley, the City of Poughkeepsie Corporation Counsel, the Poughkeepsie Joint Water Board and the Pawling Joint Sewer Commission. Scott has represented the Town of Wappinger in tax certiorari matters and has been Bond Counsel to a number of local municipalities. I have been attorney to the Town of Wappinger since January of 1990 and am intimately familiar with many of the commercial and residential developments and municipal projects undertaken with the Town during this time. I respectfully submit that my knowledge of the history of the development of the Town is an invaluable resource. In addition, I represent the Town of Union Vale and other members of the firm represent the Village of Wappingers Falls. I represent all Boards in the Town of Union Vale (Town Board, Planning Board and Zoning Board of Appeals). Lisa M. Cobb of the firm represents the Planning Board and Zoning Board of Appeals in the Village of Wappingers Falls. 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 I am selected as the attorney for the Planning Board, I will have available assistance from Scott L. Volkman, James P. Horan +• 2 and Lisa M. Cobb whenever required. As noted, I have represented the Town of Wappinger and the Town of Wappinger Planning Board continuously since 1990. In representing the Wappinger Planning Board's interest, I intend 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 Code Enforcement Office, if necessary, all in preparation of any advice that the Planning Board may require on matters that may arise. Judging from my 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 formation 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. The firm's municipal department has one dedicated paralegal and one legal assistant to complete the necessary assignments for each project. In the event for some chance I am not able to attend a particular meeting, James P. Horan or Lisa M. Cobb will be available to act as a substitute counsel. The following is a list of references: Hon. Lisette Hitsman, Supervisor Town of Union Vale 249 Duncan Road La Grangeville, New York 12540 Phone: 845-724-5600 supervisor~a unionvaleny.us Paul Heslin, Present Chairman Planning Board Town of Union Vale 249 Duncan Road La Grangeville, New York 12540 Phone: 845-724-5543 paulhe slin(c~optonline .net +~ 3 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 Craig Wallace, Esq. -Deputy Town Attorney for Town of Poughkeepsie Wallace 8v Wallace, LLP 299 Main Street Poughkeepsie, New York 12601 Phone: 845-473-0900 Paul Ackermann, Esq. -Corporation Counsel for City of Poughkeepsie Michael Brady, Esq. -Deputy Corporation Counsel for City of Poughkeepsie City of Poughkeepsie City Hall 62 Civic Center Plaza Poughkeepsie, New York 12601 Phone: 845-451-4065 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 and distribution of legal documents in litigation matters. Whenever the municipal paralegal is billed separately, her work is overseen, reviewed and approved by an attorney as required by law. We thank you in advance for your consideration of our response and look forward to an interview at your convenience. Very truly yours, STENGER, ROBERTS, DAVIS & DIAMOND, LLP ALBERT P. ROBERTS APR/ so Enclosures '~ 4 STENGER, ROBERTS, DAMS & DIAMOND, LLP A Dutchess County la~v firm offering representation to municipalities throughout the County. The attorneys of STENGER, ROBERTS, DAMS & 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. Currently, the law firm of STENGER, ROBERTS, DAMS & DIAMOND, LLP provides representation to the Town of Wappinger, the Town of Pleasant Valley, the Town of Union Vale and the Village of Wappingers Falls, and acts as Special Counsel to various municipalities. Partners KENNETH M. STENGER is the partner in charge of the Litigation Department. The Litigation Department supplements the litigation needs of the other Departments in the firm. 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 New York (1977) and the U.S. District Court (Southern District of New York) (1989). Mr. Stenger successfully represented the Town of Wappinger before the New York Court of Appeals in the seminal case of O'Mara v. Town of Wappinger, 9 N.Y.3d 303(2007). ALBERT P. ROBERTS is the partner in charge of the Municipal Law Department of the firm. Mr. Roberts has been representing municipalities his entire career. Mr. Roberts currently represents the Town of Wappinger and the Town of Union Vale. He previously has represented the Wappinger Central School District, New Paltz Central School District, the Village of Fishkill and the Town of Dover. Mr. Roberts graduated from Siena College, New York, with a Bachelor of Arts in 1966. He received his Juris Doctor degree from Suffolk University Law School in Massachusetts in 1970 and he has been practicing 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. +rr +rr THOMAS R. DAVIS is the partner in charge of municipal prosecutions, as well as the firms Matrimonial and Negligence Departments. 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 (Northern, Southern & Eastern District of New York). :~ STEPHEN E. DIAMOND is the partner in charge of 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 with a Juris Doctor in 1983 and from University of Florida with an LLM in Taxation in 1984. Mr. Diamond is admitted to practice in New York (1984), Florida (1984) and Massachusetts (1983). Associates JAMES P. HORAN is both an attorney and engineer. Mr. Horan was previously the principal attorney to the Town of Hyde Park and regularly provides assistance to the Village of Wappingers Falls, the Town of Wappinger and the Town of Union Vale. He has handled enforcement issues for the Town of Wappinger and the Village of Wappingers Falls. He is well versed in SEQRA and Civil Service issues as they relate to municipalities. Mr. Horan received an engineering degree from the Cooper Union in 1983. He graduated from New York Law School in 1993. He is admitted to practice in New York (1994), New Jersey (1993), the United States Court of Appeals for the Second Circuit (1995) and the United States District Courts for the Northern, Southern and Eastern Districts of New York (1994). Mr. Horan is also admitted to the United States Patent and Trademark Office bar (1998). LISA M. COBB is the firm's primary liaison with the Planning and Zoning Boards of the Village of Wappingers Falls, and regularly advises its Building Department and Clerk on zoning matters. She also regularly advises Planning Boards and Zoning Board of Appeals, and handles various matters for other municipalities, including the Towns of Union Vale and Wappinger. In addition, Ms. Cobb handles the tax certiorari work for the Town of Union Vale. Ms. Cobb also was a member of the Zoning Board of Appeals in the Village of Harriman (Orange County) fox more than a decade, through October 2011. She has litigated numerous municipal issues in state and federal courts at both the trial and appellate levels. She presently 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 Committees. She also is a former 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, QD) 1993. She is admitted to practice in New York (1993) and Pennsylvania (1993). She is admitted in the U.S. 2 District Court Southern and Eastern Districts of New York (1997) and the U.S. District Court Middle & Third Districts of Pennsylvania (1994). JOAN F. GARRETT works in the Litigation Department. 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 U.S. District Court, Southern District of New York (1991). ANGEL I. FALCON acts as special prosecutor in the Town of Wappinger and the Town of Union Vale with respect 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 local Zoning Code in the Village of Wappingers Falls. A graduate of the State University of New York at New Paltz with a Bachelor of Arts (1999), he attended The Benjamin N. Cardozo School of Law, Yeshiva University receiving a Juris Doctor in 2004. He is admitted to practice law in the State of New York (2005). Of Counsel SCOTT L. VOLKNIAN has now joined the firm as Counsel following 25 years of practice with the firm of Gellert & Klein, P.C. as successor by merger to the firm of Quartararo &Quartararo and has been representing municipalities his entire career. Mr. Volkman currently represents the Town of Pleasant Valley and is Counsel to the Dutchess County Legislature. Mr. Volkman acts as Special Counsel for the City of Poughkeepsie and the Town of Wappinger and has previously represented the Towns of Hyde Park and Rhinebeck and has served as Bond Counsel to various municipalities. Mr. Volkman has previously served the community as an elected member of the City of Poughkeepsie Common Council and brings the unique experience of having been an elected official. He recently chaired the Ciry of Poughkeepsie Redistricting Commission. Mr. Volkman has extensive Special District experience and has represented the Tri-Municipal Sewer Commission, Pawling Joint Sewer Commission, Poughkeepsies' Joint Water Board and Valley Dale Sewer District among others. Mr. Volkman is a graduate of the University at Albany in 1982 and Benjamin N. Cardozo School of Law of Yeshiva University in 1985. He is admitted to practice in New York (1986) and is admitted to the United States District Court for the Southern and Northern Districts of New York (1987). KAREN MacNISH works primarily in the Litigation Department. 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 began working for the firm as an Associate Attorney in November 2001. Since February, 2007, she has been Of Counsel to the firm. ~r 3 STENGER, ROBERTS, DAMS & 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@srddlaw.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 Crane, Wolfson, Roberts &Greller at 11 Market Street in Poughkeepsie. Al remained at Crane, Wolfson, Roberts &Greller 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 Stenger, Roberts, Davis & Diamond, LLP. Al's emphasis in his practice has been zoning and land use, environmental law, municipal law, general business, corporate matters, small business organization, commercial and residential real estate development, and estate and probate matters. In the past, Al'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 +~r Union Vale (1971-1993 and 2004-present), and the Village of Fishkill (1990s). Al was a so 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). Al's present municipal clients include the Town of Wappinger and the Town 1 ar 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. Al'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 the 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. 2 ^ VERGSTE-01 LBLEAU_ ' 1 '. DATE (MMIDD/YYYY) ,a-~o~R° CERTIFICATE OF LIABILITY INSURANCE a~3/2o13 __ - --- -- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ___ __-. __ IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cert~cate does not confer rights to the certificate holder in lieu of such endorsement s). ___ . ._ ____~_ __ _-- ---.-.-- - - - -- ---- __- _- ------- . L. CONTACT PRODUCER License # PC-1103659 NAME.. Lela S. Bleau, CISR, CPIA Ulster Insurance Services, Inc. PHONE @ 9 jnrc, No) ( _) 331-00__0.6 (aC No,_Ex1) (845) 338 6000 845 PO Box 3995 nor Rlless; Ibleau ulstersavin s.com !Kingston, NY 12402 - - - - ' INSURER(S) AFFORDING COVERAGE ~ NAIC # - , _~_INSURERn;Merchants Mutual Ins Co 123329 -- _ - - , --------- -_._----..____--- -._.___ jINSURER6__ -- -_._ --_ - - - ._..__. _.. ~. INSURED I -. - - - i~ g INSURER C : __, _-___ -_-I - -. I~ --- - ---_ _.. ___ Sten er Roberts Davis & Diamond LLP I'' INSURER D :____ __ - - 1136 Route 9 ~ Wa in ers Falls, NY 12590 ~ PP g INSURER E :_ -- -__- -. -_ . _- - _... _ ACORD 25 (2010105) COVERAGES _ __ CERTIFICATE NUMBER 1 _ ____. _ __ ______ __ _-_ _ REVISION NUMBER~PECT TO WHICH THIS THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CERT FICATE MAYVBE SSSUED OR MA Y POERTAINETHE I SURANCEOA~FORDEDFBYNTHE POLRIC ES DESCRIBEDOHEREIN IS SUB ECT TO ALL THE TERMS, ' LTR POSRCIWE~S -LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID LA _ -- -- - - _ _ -- _ I iNSRXCLUSIONS AND CONDITIONS OF SUCH IADDL SUER; - uMlTs - -- POLICY EFF POLICY EXP TYPE OF INSURANCE POLICY NUMBER (MMIDDIYY_ - -- 1,000,000 GENERAL LIABILITY ~ EACH OCCURRENCE $ _~ -- _ __. - ENERAL LIABILITY ~( (MM/Df)IYYYY) _ DAMAGE TO RENTED SOO,000,. MMERCIAL G BOP9O87644 4/14/2012 ' 4/14/2013 PREMISES (Ea occurrence)- I $ _._ A X CO- CLAIMS-MADE ~,, X ,, OCCUR '~ ~~ i MED EXP (Any one person)_~ $ - _ 15,000'., I -__ _. -- ~- Included. I '~, PERSONAL 8 ADV INJURY $ - _ _ _ _ - I I { 'I_-_~I --".---_. - - _. _ - -- I~, I. ~t'i ~~~~ PRODUCTSGCOMPiOPAGG $ 2,000,000' I POLICY GATE LIMIT APPLIES PER i - -.--- ----- ----- { --- ~-- -- --- --~ - L PRO- ECT _ ~. _ ~ AU,TOMOBILE~- J ~ I. COMBINED SINGLE LIMIT ' ' LIABILITY ~ LO I '. (Ea accident) _ $ _ _. - -~. ~,, 'BODILY INJURY (Per person) 'i, $ ' ANY AUTO '.. ~ __. __. ----- -'-. _._ _ _._ -'. ALL OWNED '. SCHEDULED ~, '', I, BODILY INJURY (Per accident) $ ; ' ~~ _ AUTOS '. AUTOS PROPERTY DAMAGE '~ '~ - NON-OWNED ~ 'I ~. ~'., (PER ACCIDENT) $ HIRED AUTOS ,.. '~. AUTOS '~. ~'. ~~'' --- $ ~- _ - ~ -'. i ', i ' X ~ UMBRELLA LIAB ~. X ~ OCCUR ~' ~ I ~ - -- ,EACH OCCURRENCE $ S,000,OOO' i 4/14/2012 ; 4/14/2013 ;AGGREGATE- __ _ _, A EXCESS LIAB 'CLAIMS-MADE, CUP9134T01 _ $ S,000,OOOj --- DED _.. _ ---- -~ ~. 10 0001 ' $ X RETENTION $ + - --- --- ~ - WCSTATU 'OTH COMPENSATION 'i ; TORY LIMITS ;_ER~ _____ __. AND EMPL~I _ OYERS' LIABILITY ANV PROPRIETO R/PARTNER/EXECUTIVE Y I N i I E.L. EACH.ACCIDENT $ _ OFFICER/MEMBER EXCLUDED? ~~ ' N r A I (Mandatory in NH) I I E L DISEASE - EA EMPLOYEE $ _ _ ' If yes, describe under ' ' E.L. DISEASE -POLICY LIMIT $ _ DESCRIPTION OF OPERATIONS below ~, _ _. ~- - - -- -- -. -- -- ---- -- - -- - _ ----- r--?---------- - _ -... I- i - -- - I I ~ ~ I ~ I ~~ ~~ ~ I ' ~ I l !--. - - _ DESCRIPTION OF OPERATIONS /LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 'Town of Wappinger is named as Additional Insured if required by written contract. Insurance is Primary and non-Contributory if that is required by the contract. I----- - _ _ _ - - _ - - CERTIFICATE HOLDER __ _ i Town Of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ', ~ ACCORDANCE WITH THE POLICY PROVISIONS. ~; AUTHORIZED REPRESENTATIVE ' I ~-~,riz l~ i.~ ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ^ VERGSTE-01 __ L_BLEA__U -~ 7 DATE (MMIDDIYYYY) 4/3/2013 ,aco~zo~ CERTIFICATE OF LIABILITY INSURANCE `,~ _ -- -- - - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS II CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. -_ _ - - IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certficate does not confer rights to the certificate holder in lieu of such endorsement(s). l _ -_--- - coNTncT Lela S. Bleau, CISR, CPIA PRODUCER License # PC-1103659 NAME: -~ - -- Ulster Insurance Services, Inc. PHONE (845) 338-6000 _ ~ jA C, N~ (845) 331-0006 AIC No Ext : - - - -~ PO Box 3995 E-MAIL Kingston, NY 12402 ADDRESS: Ibleau@ulstersavings.com _ -"- -_.. Stenger Roberts Davis & Diamond LLP 1136 Route 9 Wappingers Falls, NY 12590 INSURER(S) AFFORDING COVERAG_ E NAIC # wsuRERA:Merchants Mutual Ins Co _ - INSURER B : - - 23329 -- - -- -~ _ INSURER C : -. - -INSURER D : - ----.. - -~ ~ ~ -- ----- - -~ ~ INSURER E : _-- -- _ -- -- - -- -- INCI IRFR F ~ - I ~ I. _.. _-_ __ -. COVERAGES CERTIFICATE NUMBER: 1 REVISION NUMBE _ - _, - - --- - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, I' EXC' "~'ONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _- _ __ - __. _ - --"-- TYPE OF INSURANCE _ _ _ AD L IN R BR WVD -~ POLICY NUMBER __ __ POLICY EFF MMIDDIYYW POLICY EXP ~ _(MMIDDIYYYY LIMIT ._ __--__ _. ~ EACH OCCURRENCE S - - - - - 1,000,OOO $ L LIABILITY , DAMAGET~NTED T - - 000~ SOO X BDP9O87644 4/14/2013 4/14/2014 (Ea occunenc~ pREMISES . , _. _-_-. $ MMERCIAL GENERAL LIABILITY ~ r ~ _ MED EXP (Any one person) _ ~ 15,0001 j CLAIMS-MADE ~ X~ OCCUR ~ ttt - - "~--- 1 000 i PERSONAL & ADV INJURY , $ 1 +000, --- - i _._.-. - t - - -_ GENERAL AGGREGATE $ --. 000 00 2 _-- - i PRODUCTS -COMP/OP AGG , , $ . _ GGREGATE LIMIT APPLIES PER: __ -., -. - PRO- ~ j L OC LICY t -- ~ - - $ - _ L_1 _ _.. .. _._.. - . COMBINED SINGLE LIMIT OBILE LIABILITY Ea accident) _ $ BODILY INJURY (Per person) $ - Y AUTO L OWNED ~ SCHEDULED TOS - NON OWNED RED AUTOS AUTOS I ~ - - BODILY INJURY (Per accident) PROPERTY DAMAGE PER ACCIDENT) _. $ 1 1 $ _.. _ __ _. $ _ _ BRELLA LIAB X _ - _ - _ - EACH OCCURRENCE - ~ 5,000,000 $ __ .-_.- OCCUR IA CUP9134701 4114/2013 4/14/2014 'AGGREGATE ` $_ 5,000,000 c~X CLAIMS-MADE ~ 000 10 ~ ~ - II $ , oN$ __ RETENTI D RS COMPENSATION - - ~ _ - - ~ ~ WC STATU- OTH- ~TQRY LIMITS ER _ _. MPLOYERS' LIABILITY VE Y ~ N ~ i E.L. EACH ACCIDENT $_ - -- ~ OPRIETOR/PARTNER/EXECUTI N / A _ L R/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ _ _ _ tory in NH) escribe under ~ ~ E.L.DISEASE-POLICYLIMI - -~- _ ~.- _ _ ,. -- IPTION OF OPERATIONS below _... ~ _ - - - ~_. ~ ~ ~_. --- -- y. - __ A O A O N U M x E E R E s d R - - - --- - - Town Of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ACORD 25 (2010/05) I~; INSURED FINSRr LTR GENER ~A X~c i I ' ~ I~ GEN L P Ii AUTOM ~ ~ A AL , - A HI X u IAA ,E i_ D WORK AND E ANY P '~ OFFIC I~ (Mand If yes, DESC i ~~i I __-. ._ _--..- _L CRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) n of Wappinger is named as Additional Insured if required by written contract. Insurance is Primary and non-Contributory if that is required by the Tow - contract. ___ __ CERTIFICATE HOLDER NMI\VLLLI"~++y+• - - - --- --_~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ' ACCORDANCE WITH THE POLICY PROVISIONS. _ " - -- AUTHORIZED REPRESENTATIVE Q„,~/~ ~ ~~" I ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Date Prepared: 03/29/12 Pglic, "wa CUP91 ~-+701 OCCURRENCE EXCESS POLICY DECLARATIONS PAGE MERCHANTS MUTUAL INS. CO. Named Insured Your Agent DIRECT BILL VERGILIS STENGER, ROBERTS, 72657rESBCS 007 DAVIS & ~IAM90ND LLP ULSTER INSU ANCE SERVICES 1NC 1136 ROUTE i80 SCHWENK DRIVE WAPPINGERS FALLS, NY 12590-4905 KiNGSBON,3NY512402 Transaction Type: RENEWAL PREVIOUS POLICY NUMBER: CUP9134701 Policy Period: From Ap r i I 14 , 2012 to Ap r i I 14 , 2013 12:01 A.M. Standard time at -your mailing address shown above. In Return For The Payment of The Premium, and Subject to All The Terms of This Policy , "We" Agree With "You" to Provide The Insurance Coverage Stated In This Policy. ~ Limit of insurance $ 5 , 40p ODO - Palicy Aggregate Limit $ 5 , 400 , 000 ', Self-Insured Retention $ i 0 , 400 Each Occurrence ar Offense not Covered by Underlyfing Insurance Schedule of Underlying InsurancE: Type of Auto Insurance Liability rr ~pany General Employers Liability Liability MERCFIANTS I NSL~RANCc Poiicy No. BOP9087644 Policy From: From: 04 / 14 / 12 ,~,, Period To: To: 04 J 14 / 13 Limit Each Accident Each Occurrence of $ 1,000,000 Insurance BI: Each Person General Aggregate $ 2,000,000 BI: Each Occurrence Personal & Advertising Injury $ INCLUDED PD: Each Occurrence Products/Completed Operations Aggregate $ 1,000,000 From: To: Bodily Injury Each Accident Bodily Injury By Disease Policy Limit Bodily Injury By Disease Each Employee Form of Business: LLC Business Description: LAW FIRM Premium: $1 , 8pD . 44 .orsements Attached to This Policy 0000011204 0000030305 0000040509 , cuol z5v4ua , cuu~ 5~ u5u~ , 0002140111,CU2i230202,CU21251201,CU21310608,CU2158b509,ILP00~.~II4,IL00171198,MSIU051199, MU75130196 , MU78300407 , MU79320703 , MU79330407 , MU86590908 ~ ;~ ,.~~,,~ ,,,,~ __ , f.a'3~a~i.~s:c:~ .:r/+..~S:l~ ~ `•' r Countersigned By t~I~r••r~~,~~•~~~ -~ ~;c-c~a-~~,E„c (Date) _ (Authorized Representative) %`~ Policy Provisions: v~C 00 0~ QO B) r5 FI INFORMATION PAGE ~^~~G `JVORKERS COMPENSATION AND EMPLOYERS LI~,BILITY POLICY INSURER: HARTFORD INSURANCE CON,PANY OF THE MIDWEST ONE HARTFORD PLAZA, HARTFORD, CONNECTICUT 06155 NCCI Company Number: 20605 Company Code: G POLICY NUMBER: 39 WBG BI8576 Previous Policy Number: 39 WBG BI8576 HOTJ~IrIG CODE: DW 1. Named Insured and Mailinn Addrees~ VERGILIS, STENGER, ROBERTS, DAVIS (fvo., Street, Town, State, Zip Code) & DIP?~IOND, LLP FEIN Number: 141645801 State tdentiFication Number(s): 113 6 RG[7TE 9 Wl-.PPINGERS FA , ATY 12 5 9 0 The Named Insured is: CGRFGRATION Business of Named Insured: LANTYERS & LP_~a r IR1~IS Other woi tcplaces not shown above: 113 6 ROUTE 9 WAPFINGERS FALLS ?vTl' 12590 2. Policy Period: Frorn 12 / 31 / 12 To 12 / 31 / 13 12:01 a.rr., Standard time at the insured's mailing address. Producer's Name: USI/BAR ASSOCIATION PROGRAM/PHS 301 WOODS PARk llftiVE CLINTON, NY 13323 Producer's Code: 320411 THE HARTFORD Suffix LARS RENEWAL O1~ Issuing Office: THE HARTFORD 301 WOODS PARK DRIVE CLINTON NY 13323 (866) 467-8730 Total Estimated Annua! Premium: $3, 555 Deposit Premium: Policy Minimum Premium: $ 218 NY Audit Period: ANNUAL Installment Term: The policy is not binding unless countersigned by our authorized representative. 1~-u,~,n~~ . Countersigned by 11/24/12 Authorized Representative Date Form WC 00 00 01 A (1) Printed in U.S.A. Process Date: 11/24/12 (1RT(`_TTTnT. Page 1 (Continued on next page) Policy Expiration Date: 12 /31 / 13 I~':FQRMATION PAGE (Continued) Folicy Number: 39 WBG BIi3576 3. A. Workers Compensation Insurance: Part one of the policy applies to the Workers Compensation Law of the states listed here: NY (GFDV ) . B. Employers Liability Insurance: tart Two of the policy applies to work in each state listed in Item 3.A. The limits of our liability under Part Two are: Bodily injury by Accident $1, 000, 000 each accident Bodily injury by Disease $1, 000, 000 policy limit Bodily injury by Disease $1, 000, 000 each employee C. Other States Insurance: Part Three of the policy applies to the states, if any ,listed here: ALL STATES EXCEPT ND, OH, WA, WY, AND STATES DESIGNATED IN ITEM 3.A. OF THE INFORMATION PAGE. D. This policy includes these endorsements and schedule: WC 99 GO C5 WC OD 04 21C WC 00 04 22A WC 31 04 02 WC 00 04 14 WC 00 04 19 WC 31 03 08 WC 31 03 19F WC 99 03 61 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating P;~ns. All information required below is subject to verification and change by audit. Premium Basis Classifications Total Estimated Rates Per Estimated Code Number and Annual $100 of Annual Description Remuneration Remuneration Premium (~~E ATTACHED SCHEDULES) TO`?'AL FF.EMIL'M SUBJECT TO E<~PERIE.NCE MODIFICATION 2,088 1vY - MEkIT RATING DEBIT (9896) 1.040 F.?EI~?IUM ADJUSTED BY APPLICATION OF EXPERIENCE MGDIFICATION 2,172 TCTAL ESTIMATED ANNUAL STANDArZD PREMIUM 2.172 EXPENSE CONSTANT (0900) 200 NEW YORK STATE ASSESSMENT (0932) 18.8C PERCENT 531 TERRORISM (9740) 1,304,700 .040 522 TERRORISM (9740) PER~CAPITA 2.9 PERCENT 0 CATASTROPHE (9741) 1,304,700 .010 130 CATASTROPHE (9741) PER CAPITA 0.7 PERCENT 0 TOTAL ESTIMATED ANNUAL PREMIUM 3,555 Total Estimated Annual Premium: $3, 555 Deposit Premium: Policy Minimum Premium: $218 NY Interstate/Intrastate Identification Number: Labor Contractors Policy Number: / 000786380 NAILS: SIC: 8111 Form WC 00 00 01 A (ii rriiliEU iii U.S.:,. Prncecc r)~te~ ii /24/12 Page 2 Policv Expiration Date: 12/31/13 Crum fors ter ~~ Policy Number: 550-100869-2 INSURER: ^ United States Fire Insurance Company Renewal of Policy Number: 550-100213-1 ,'. The North River Insurance Company 305 Madison Avenue Morristown, NJ07962-1973 NEW YORK STATE LAWYERS PROFESSIONAL LIABILITY PLATINUM PROTECTION DECLARATIONS (Page t n( 2) :~ NOTICE: THIS IS A CLAIP,~S MADE POLICY. EXCEPT AS OTHERWISE PROVIDED HEREIN, THIS POLICY PROVIDES COVERAGE ONLY FOR CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POLICYPERIOD OR EXTENDED REPORTING PERIOD, ARISING FROM PROFESSIONAL SERVICES RENDERED ON OR AFTER THE PRIOR ACTS DATE, IF ANY. ALL COVERAGE UNDER THE POLICY WILL CEASE UPON THE TERi~~11NATI0N OF 1 HE POLICY; HUWE=VER THE ENSURED SHALL HAVE AN AUTOMATIC AND NON-CANCELABLE SIXTY DA.Y EXTENDED REPORTING PERIOD TO REPORT GLAIMS, AND MAY PURCHASE OPTIOtJAL EXTENDED REPORTING PERIODS AVAILABLE UPON PAYI J1ENT OF ,4N p,DDITION.AL PREMIUM AS INDICATED BELOW. rJURIfJG THE FIRST SEVERAL Y"=ARS GF "i HE CLAIMS ;MACE RELATIONSHIP, CLAIMS-MADE RATES ARE COf~,rIPARATIVELY LOWER THAN OCCURREPlCE RATES AND Tf-~E i.NSURED CAN EXPECT SUBSTANTIAL ANNUAL PREMIUM INCREASES INDEPENDENT OF O~~ERALL RATE LEVEL INCREASES, UNTIL THE CLAIMS-MADE RELATIO~~SNIPREACHES MATURITY. ir, the event of te~~~ination o! this policy, the following Optional Extendea Reporting Periods are available for the premium shown: (a) Ortionai Extended Reporting Period of 12 months for a premium charge of 90°ro of the annual policy premium; (o) Optional Extended Reporting Period of 36 months fer a premium charge of 150% of the annual policy premium; (c) Opti;,nal Extended Reporting Period of 72 months for a premium charge of 200°% of the annual policy premium; (d) Optional E~ten:~ed Reporting Period of untimiied duration for a premium charge of 225% of the annual policy premium. Item 1. Named Insured & Street Address: Stenger Roberts Davis & Diamond LLP 1136 Route 9 Wappingers Falls NY 12590 Item 2. Policy Period: From December 7, 2012 (Effective) To December 7; 2013 (Expiration) (12:01 a.m. local time at the address shown in Item 1.) Item 3. Limit of Liability: $2,000,000 each Claim $2,000,000 Policy Aggregate Item 4. Deductible: $10,000 each Claim This amount applies to each Claim unless this Section is amended by specific endorsement of this policy. Item 5. Premium: $20,352 Item 6. The following endorsements, if any, are made a part of this policy at issuance: 1-Ofac Notice 2-NYLPL-107 (03-11) Prior Acts Date Endorsement-Specific Attorney 3-Predecessor Firm Endorsement ~ NV"LPL- 100(03/11) I of 13 NEW YORK STATE LAWYERS PROFESSIONAL LIABILITY PLATINUM PROTECTION DECLARATIONS (Page 2 of 2) NOTICE If Item 6. of it~is Declarations indicates that endorsement NYLPL-111 is attached, then Defense Expenses shall reduce up io X0'/0 of tha Lin-~its of Liability. This means that up to 50% of the Limits of Liability may be used for Defense Expenses and any Defense Expenses that exceed this amount thereafter shall be in addition to the Limits of Liability. If Item 6. of this Declarations indicates that endorsement P~YLPL-113 is attached, then Defense Expenses shall reduce and may exhaust the Limit of Liability. The Company is not obligated to pay any judgments, awards, settlements or Defense Expenses after the Limit of Liability has been exhausted. If Item 6. of this Declarations indicates that endorsement NYLPL-109 is attached, then Defense Expenses shall be applied to, and act as a reduction of up to 50°ro of the each Clarrn Deductible. If Item 6. of this Declarations indicates that endorsement NYLPL-110 is attached, then defense Expenses shall be applied to, and act as a reductio~i of up to 50% of the aggregate Deductible. If Item 6. of this Declarations indicates that endorsement NYLPL-112 is attached, then Defense Expenses shall be applied to, and act as a reduction of up to 100% of the each Claim Deductible. If Item 6. of this Declarations indicates that endorsement NYLPL-122 is attached, then Defense Expenses shall be applied to, and act as a reduction of up to 100% of the aggregate Deductible. w These Declarations, the application, and the policy with endorsements attached thereto, constitute the entire agreement between the Insurer and the Insured. Countersigned (if required bylaw): r,~ _ I _,_<.~ ~_ Date: 1116112 tir NYLPL - 100 (03/11) 2 of 13