Vergilis,Stenger,RobertsDavis&DiamondVERGILIS, STENGER ROBERTS, DAMS & DIAMOND_ , LLP
SCHEDULE OF CHARGES - 2012
TOWN OF WAPPINGER
General Planning Board Work, including Justice Court:
Attorneys $165.00 per hour
Paralegals $125.00 per hour
Litigation (Federal Courts & Supreme Courts):
Partners $215.00 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 $.25 per page
Digital reproduction at cost
Disbursements -Filing Fees, Recording Fees,
Court Costs, etc. at cost
Unspecified Expenses at cost
e~~~~o~
. _, ',"~ .. v ~:1
pt,ANNiNG DEPAfa7fVlENT
7QWN OF WAPPINGER
VERGILIS, STENGER, ROBERTS,
DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
Phone: (845) 298-2000
Fax: (845) 298-2842
Email: info@vsrp.com
www.vsrF.com
RESPONSE TO REQUEST FOR PROPOSALS
TOWN OF WAPPINGER PLANNING BOARD
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
GERALD A. VERGILIS* WAppINGERS FALLS, NEW YORK 12590
KENNETH M. STENGER
ALBERT P. ROBERTS
THOMAS R. DAMS
STEPHEN E. DIAMOND****
JOAN F. GARRETT**
KEVIN T. McDERMOTT
ANGEL I. FALCON
ANTHONY M. DEFAZIO***
JAMES P. HORAN***
LISA M. COBB
M. ELLEN O'SULLIVAN
MARINA O'NEILL
(845)298-2000
FAX (845) 298-2842
www.vslp.com
e-maii: info~;vstp.com
POUGHKEEPSIE OFFICE
276 MAIN STREET
POUGHKEEPSIE, NY 12601
(845)452-1046
November 7, 2011
Planning Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attention: Susan Dao, Planning Board Secretary
Re: RFP for Legal Services
Dear Ms. Dao and Board Members:
OF COUNSEL:
KAREN MacNISH
LEGAL ASSISTANTS:
AMY E. DECARLO
SANDRA A. OAKLEY
SARAH SALISBURY
CLOSING COORDINATOR:
MARIA L. JONES
•AI.SO ADMITTED IN FLA.
*'ALSO ADMITTED IN CONN.
'*'ALSO ADMITTED IN NJ
'•'~ALSO ADPATTED IN FL & MA
The law firm of Vergilis, Stenger, Roberts, Davis 8ti Diamond, LLP, located
in the Town of Wappinger, is pleased to provide this response to the Request
For Proposals for a professional services agreement solicited by the Planning
Board. In addition to this submission letter, we are enclosing a copy of our
firm resume as well as the personal resume of Albert P. Roberts, who will be
the lead attorney if the firm is selected, and our proposed Schedule of Fees
enclosed in a separate envelope for this appointment.
_J
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 County and are able to provide a historical, as well as legal
perspective to local municipal issues. The attorneys in the firm's Municipal
Department have extensive and varied private sector and municipal experience,
including the representation of certain local communities for decades. We have
successfully handled complex legislative, contractual and litigation matters
both on behalf of and against various municipalities. This experience affords
us a perspective not shared by attorneys who have represented only one side of
the matter. The diverse experiences of our attorneys make the firm particularly
well-suited to the representation of a complex entity like the Town of
• 1
Wappinger, with its wide-ranging legal needs, particularly in the area of land
use applications such as subdivision review, site plan review and
environmental analysis.
The attorneys of Vergilis, Stenger, Roberts, Davis 8v 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 Wappinge~j.
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.
Albert P. Roberts, a partner in the firm, has been attorney to the Town of
Wappinger since January of 1990 and is intimately familiar with many of the
real estate developments and municipal projects undertaken with the Town
during this time. Mr. Roberts' knowledge of the history of the development of
the Town is an invaluable resource. In addition, Mr. Roberts represents the
Town of Union Vale and other members of the firm represent the Town of Hyde
Park and the Village of Wappingers Falls. Mr. Roberts represents all Boards in
the Town of Union Vale. James P. Horan, an associate in the firm, is presently
lead attorney to the Town Board of the Town of Hyde Park. Lisa M. Cobb of the
firm represents the Planning Board and Zoning Board of Appeals in the Village
of Wappingers Falls.
Mr. Roberts also provided advice to the Town Board of the Town of Hyde
Park in connection with certain issues that arose between the Hyde Park Town
Board and the Hyde Park Planning Board.
Proposal Requirements
As indicated in our attached resume, the members of the firm have a
long history of representing both Planning Boards and private clients in land
use activities. In the event the firm is selected, Mr. Roberts will be named as
the lead attorney for the Town of Wappinger. As indicated, Mr. Roberts has
represented the Town of Wappinger and the Town of Wappinger Planning Board
continuously since 1990.
In representing the Wappinger Planning Board's interest, Mr. Roberts
intends to continue the past practice of reviewing all submissions,
correspondence and back up material submitted in connection with a
particular project, consulting with fellow consultants such as the Engineer to
the Planning Board and the Planner, as well as the Zoning Administrator and
~•- 2
Code Enforcement Office, if necessary, all in preparation of any advice that the
Planning Board may require on matters that may arise. Judging from past
practice and experience, the role of the attorney to the Planning Board
accelerates at the conclusion of the project when the attorney is called upon to
pass upon the legal efficacy of various legal instruments associated with project
approval. For instance, at the conclusion of subdivision review, the attorney is
called upon to review Offers of Dedication of the various roads, utility
easements and other public improvements, recreation land transfers, and the
formation of drainage districts when necessary. With the advent of MS-4 and
Storm Water Pollution Prevention Plans (SWPPP), the attorney is called upon to
oversee the 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.
James P. Horan and Lisa M. Cobb are also available to provide legal
assistance whenever needed. As indicated in the attached resume, both Mr.
Horan and Ms. Cobb have extensive municipal and land use experience. In
addition to Mr. Horan and Ms. Cobb, the firm's municipal department has a
dedicated paralegal and a dedicated legal assistant to assist with the
assignments for each project. In the event Mr. Roberts is not able to attend a
particular meeting, James P. Horan and Lisa M. Cobb will be available to act as
a substitute counsel.
The following is a list of references:
Mr. Phillip DiNonno -Former Chairman of the Town of Wappinger Planning
Board
Phone: 845-297-1710
Victor Fanuele, Present Chairman
Planning Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Phone: 845- 297-7712
vfanuele(c~townofwappin~er. us
Paul Heslin, Present Chairman
•r Planning Board
Town of Union Vale
249 Duncan Road
La Grangeville, New York 12540
Phone: 845-724-5543
„~ paulheslin(a~optonline.net
~• 3
Hon. Lisette Hitsman, Supervisor
Town of Union Vale
249 Duncan Road
La Grangeville, New York 12540
Phone: 845-724-5600
Fax: 845-724-3757
supervisornunionvalen~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
supervisorsecretarynh~parkn T~us_
Enclosed in a separate envelope is our Schedule of Charges for attorneys,
paralegals and legal assistants. Legal assistants are rarely billed separately,
and then only when they work independently on a particular project such as a
compilation of legal documents in litigation matters. The municipal paralegal
is occasionally billed separately, and generally only when she prepares
documents independently; in such case the paralegal's work is overseen and
reviewed by an attorney.
We thank you in advance for your consideration of our response and look
forward to an interview at your convenience.
Very truly yours,
VERGILIS, STENGER, ROBERTS, DAMS & DIAMOND, LLP
? ~-''~""
-~.,.~~r
ALBERT P. ROBERTS
APR/ of
Enclosures
Cc: Town of Wappinger Town Board (without enclosures)
4
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
Attorneys 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 la~v firm o~fering representation to municipalities throughout the County.
The attorneys of VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP have been
representing municipalities throughout Dutchess County for more than 30 years. Offering support
to rriunicipal 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 VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
provides representation to the Town of Wappinger, the Town of Hyde Park, the Town of Union
Vale and the Village of Wappingers Falls.
Partners
ALBERT I'. 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 was also appointed Special Counsel to represent the interests of the Republican
Legislative Caucus in a Federal District Court challenge to the appointment of a Democrat
Commissioner of Elections brought by dissident Democrats. Mr. Roberts is also a former Chair of
the Dutchess County Economic Development Corporation. He brings a great deal of municipal
experience to the representation of his clients. Iie 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 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.
GERALD A. VERGILIS co-chairs the Litigation Department of the firm. 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 District of New York) (1976) and the Supreme Court of the United
States.
1
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 New York
(1977) and the U.S. District Court (Southern District of New York) (1989).
THOMAS R. DAMS 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 (Northern, 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 with 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. HORAN is both an attorney and engineer. Mr. Horan is 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 engineeruig degree from the Cooper
Union in 1983. He graduated from New York L aw 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 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
Zoning Board of Appeals in the Village of Harriman (Orange County) for 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. District Court Southern and
Eastern Districts of New York (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 U.S.
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 Kings County District Attorney's
office (1998-2003). He graduated from New York University Stern School of Business 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 Northern Federal
Districts of New York.
KAREN MacNISH works primarily in 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 for an
insurance company in Elmsford, New York between 1991 and 2001, and began working for Vergilis,
Stenger, Roberts, Davis and Diamond, LLP as an Associate Attorney in November 2001. Since
February, 2007, she has been Of Counsel to the firm.
ANGEL I. FALCON acts as special prosecutor in the Town of Wappinger 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).
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 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 Vergilis,
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
Union Vale (1971-1993 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). Al's present municipal clients include the Town of Wappinger and the Town
1
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 overseeTi 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 tarLks), 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 - 1984s), Foam & Wash Facility on
Route 9 in Fishkill (which required complex negotiations and agreements with the Village of
FisYilcil_l 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