Loading...
2012-039 2012-39 Resolution Employing Legal Services to the Town of Wappinger At a regular meeting of the Town Board of the Town of Wappinger. Dutchess County. New York. held at Town Hall. 20 Middlebush Road. Wappingers Falls. New York. on January 4. 2012. The meeting was called to order by Barbara Gutzler. Supervisor. and upon roll being called. the following were present: PRESENT: Supervisor Councilmembers Barbara Gutzler William H. Beale Vincent F. Bettina Ismay Czamiecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. BE IT RESOLVED, that Albert P. Roberts ofVergilis. Stenger. Roberts. Davis & Diamond. LLP. be and he hereby is employed and retained for the purposes of furnishing to the Town Board. the Planning Board. the Zoning Board of Appeals. and the Town's officers. departments and agencies. such legal advice and services as may be required by the Town Board. Planning Board and Zoning Board of Appeals and the Town's various departments and agencies during calendar year 2012; and BE IT FURTHER RESOLVED, that the Town Board acknowledges that the Planning Board has requested that Albert P. Roberts ofVergilis. Stenger. Roberts. Davis & Diamond. LLP be retained as attorney to the Planning Board to provide such legal services as the Planning Board may require during calendar year 2012; and BE IT FURTHER RESOLVED, that said Albert P. Roberts and Vergilis. Stenger. Roberts. Davis & Diamond. shall be paid in accordance to the proposal submitted to the Town Board dated November 18.2011; and BE IT FURTHER RESOLVED, that David Wise. of Gellert & Klein. be and he hereby is employed and retained for the purpose of furnishing to the Town Board. and its officers and Agencies. such legal advice and services as may be required for representing and defending the Town of Wappinger for all matters of Personnel and Labor Relations as may be required; and BE IT FURTHER RESOLVED, Scott Volkman. of Gellert & Klein. be and he hereby is employed and retained for the purpose offumishing to the Town Board. and its officers and agencies. such legal advice and services as may be required for representing and defending the Town of Wappinger for all Article 78 Tax Certiorari proceedings as may be filed against the Town; and BE IT FURTHER RESOLVED, that Scott Volkman. of Gellert & Klein. be and he hereby is employed and retained as the conflict attorney. whenever Albert P. Roberts or Vergilis. Stenger. Roberts. Davis & Diamond. LLP are unable to provide legal services because of professional conflict; and BE IT FURTHER RESOLVED, that David Wise and Scott Volkman shall be paid for such services in accordance with the proposal to the Town Board by Gellert & Klein dated November 8, 2011. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMA Y CZARNIECKI, COUNCIL WOMAN MICHAEL KUZMICZ, COUNCILMAN Voting: Voting: Voting: Voting: Voting: AYE AYE AYE AYE AYE Dated: Wappingers Falls, New York 1/412012 The Resolution is hereby duly declared adopted. '~~RK GERALD A. VERGlLlS* KENNETH M. STENGER ALBERT P. ROBERTS THOMAS R. DAVIS STEPHEN E. DIAMOND**** JOAN F. GARRETT** VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 OF COUNSEL: KAREN MacNISH KEVIN 1. McDERMOTT ANGEL I. FALCON ANTHONY M. DEFAZIO*"" JAMES P. HORAN*** LISA M. COBB M. ELLEN O'SULLIVAN MARINA O'NEILL LEGAL ASSISTANTS: AMY E. DECARLO SANDRA A. OAKLEY SARAH SALISBURY CLOSING COORDINATOR: MARIA L. JONES (845) 298-2000 FAX (845) 298-2842 www.vsrp.com e-mail: info@vsrp.com POUGHKEEPSIE OFFICE 276 MAIN STREET POUGHKEEPSIE, NY 12601 (845)452-1046 'ALSO ADMlTTED IN FLA. "ALSO ADMlTTED IN CONN. ... ALSO ADMlTTED IN NJ ....ALSO ADMlTTED IN FL & MA November 7,2011 Planning Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Susan Dao) Planning Board Secretary [R1~CG~~~~[Q) Re: RFP for Legal Services JAN 0 3 2010 TOWN OF WAPPINGER TOWN CLERK Dear Ms. Dao and Board Members: The law firm of Vergilis, Stenger, Roberts, Davis & 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. Firm Overview Weare 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 & Diamond, LLP have been representing municipalities throughout Dutchess County for more than 40 years. Offering support to municipal boards and officials, the firm has vast experience in all facets of municipal work, from the day-to-day administration of towns and villages to complex litigation on municipal issues in state and federal courts. As you may know, this firm won a landmark case on behalf of the Town of Wappinger (Absolute Property Management v. Town of Wappingery. The matter was originally brought in federal court and referred to New York State's highest court, which confirmed a municipality's ability to enforce open space requirements noted on a filed subdivision plat. This case set a state-wide precedent. 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 fonnation 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 vfan uele@townofwappinger~ us Paul Heslin, Present Chairman Planning Board Town of Union Vale 249 Duncan Road La Grangeville, New York 12540 Phone: 845-724-5543 paulheslin@optonline.net 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 supervisor(a:)unionvaleny. 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 suoervisorsecretary@hvdeoarknv.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, DAVIS & DIAMOND, LLP ~~J;;D-- ALBERT P. ROBERTS APRj af Enclosures Cc: Town of Wappinger Town Board (without enclosures) 4 VERGILIS. STENGER ROBERTS. DAVIS & DIAMOND. LLP SCHEDULE OF CHARGES - 2012 TOWN OF WAPPINGER General Town Work, including Justice Court: Paralegals $165.00 per hour $125.00 per hour Attorneys Litigation (Federal Courts & Supreme Courts): Partners $215.00 per hour $185.00 per hour $125.00 per hour $ 85.00 per hour Associates Paralegals Legal Assistants 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 ~~~~~~~\Q) JAN 0 3 20\0 TOWN OF WAPPINGER TOWN CLERK