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HomeMy WebLinkAbout2014-06-10 Board of Selectmen Handout - Part 2Miyares and Harrington LLP J. Raymond Miyares Thomas J. Harrington Christopher H. Heep May 8, 2014 Robert W. LeLacheur, Jr. CFA Town Manager Town of Reading 16 Lowell Street Reading, MA 01867 Re: Request for Proposals — Town Counsel Services Dear Mr. LeLacheur and Members of the Search Committee: A private law firm in the public interest Jennie M. Merrill Marguerite D. Reynolds Jonathan E. Simpson Miyares and Harrington LLP is dedicated to the practice of law in the public interest and concentrates its professional work in municipal and related areas of law. We are pleased to submit this proposal to provide Town Counsel services to the Town of Reading. As called for in your Request for Proposals, we have extensive experience in zoning and planning; conflict of interest; public construction; public contracts; environmental law; municipal finance; litigation; open town meeting and other areas of municipal law. This experience is described in more detail in our proposal. In addition, we believe that we offer a level of service that others may not. We have an array of expertise in the variety of matters that Reading typically faces, but we are not so large that our attorneys will be unfamiliar to Town officials. Rather, because of our size, Reading will always be a priority for us, and the Town will benefit from being among our most important clients, rather than merely one among many others. We offer competitive rates, years of municipal law experience, the personal service of our firm's partners, diligent attention to our clients' needs, and good humor. Thank you for the opportunity to present this proposal to Reading. We look forward to being able to discuss your legal needs and how we can be of service. . S"44 l .-1 50 Leonard Street • Suite Three • Belmont, MA 02478 1 Tel: 617.489.1600 1 Fax: 617.489.1630 1 www.miyares- harrington.com Miyares and Harrington LLP Town of Reading May 8, 2014 Page 2 of 2 Respectfully submitted, MIYARES AND HARRINGTON LLP J. Ray i Thomas J. Harri Christopher H. Heep 56� -a Miyares and Harrington LLP J. Raymond Miyares Thomas J. Harrington Christopher H. Heep A private law firm in the public interest Jennie M. Merrill Marguerite D. Reynolds Jonathan E. Simpson QUALIFICATIONS PROPOSAL —TOWN COUNSEL LEGAL SERVICES J. Raymond Miyares BBO #350120 Miyares and Harrington LLP 50 Leonard Street • Suite Three Belmont, MA 02478 Tel. (617) 489 -1600 Fax. (617) 489 -1630 rav@miyares-harrington.com www.miyares-harrington.com 50 Leonard Street • Suite Three • Belmont, MA 02478 1 Tel: 617.489.1600 1 Fax: 617.489.1630 1 www.miyares - harrington.com Miyares and Harrington LLP Miyares and Harrington LLP was formed in 1988, and has been serving municipal and other public interest clients for over 25 years. Founding partner, J. Raymond Miyares, had significant prior experience serving state and local government and, in 1997, Thomas J. Harrington became a partner in our firm, enabling us to broaden and expand the range of municipal services provided. In 2011, we welcomed Christopher H. Heep as our newest partner, in order to enhance our land use, real estate and appellate litigation services. The Martindale- Hubbell Law Directory has awarded Miyares and Harrington LLP an AV® Rating, signifying that our firm has "reached the heights of professional excellence," and is "recognized for the highest levels of skill and integrity." We are a full- service municipal law firm, with experience in a wide range of local government law, including procurement, contracts, insurance, land use, environmental law, wetlands protection, historic preservation, telecommunications, public ways, parks and recreation, civil rights, municipal finance, public health, taxation, licensing, construction law, employment, civil rights, ethics, and open meeting and public records requirements. We are members of the American Bar Association Section on State and Local Government, the Massachusetts Bar Association Public Law and Property Law Sections and the Environmental Law Committee of the Boston Bar Association. We are active participants in the Massachusetts Municipal Law Association and have served as contributing authors to the Massachusetts Continuing Legal Education, Inc. (MCLE) publication, Municipal Law Handbook (2012). Together, the partners of h iyares and Harrington LLP have over 70 years of experience serving the needs of public sector clients. We currently serve as Town Counsel to the Towns of Littleton (1988 - present), Stockbridge (1996 - present), Hopkinton (2007 — present), Carlisle (2013 — present) and Wellesley (2014 — present) and as special counsel to particular boards or officials in Ayer, East Bridgewater, Hamilton, Kingston, Shirley, Wareham, Wenham, Webster and Weymouth. Within the past five years, our firm has also acted as counsel to municipal boards and commissions in Acton, Auburn, Concord, Gloucester, Lincoln, Norfolk, Rockland, Sherborn, Sturbridge, Tewksbury, Tyngsborough, Westwood, Whitman and the Northborough - Southborough Regional School District. We also serve as counsel to the Minute Man Air Field in Stow. As discussed more specifically in Exhibit A, we have extensive experience in all areas of practice referenced in the Request for Proposals. We look forward to putting our talents, expertise and experience to work for the Town of Reading. 561_H Miyares and Harrington LLP 1. Please identify by name (and BBO #, address and phone number if different than above) the proposed Town Counsel and, if applicable, lead counsel as well as members of a team, and each proposed back- up counsel. J. Raymond Miyares (proposed Town Counsel) BBO # 350120 Thomas J. Harrington (proposed back -up counsel) BBO# 556741 Christopher H. Heep (proposed back -up counsel) BBO# 661618 Jennie M. Merrill BBO# 661421 Jonathan Simpson BBO# 660841 Magdalene Carter BBO# 687462 Ivria G. Fried BBO# 688177 2. Please attach resumes or curriculum vitae for each attorney identified above. R6sumes for each of the firm's attorneys are attached as Exhibit B. 3. Do each of the attorneys identified above meet the minimum bar admission requirements of the RFP? If other than "yes," please explain. Yes. 4. With respect to each attorney identified, please list each and every Massachusetts municipality represented by the attorney within the past ten years, the years of such representation, and the name, address and phone number of at least one contact person in each municipality with knowledge of the attorney's representation. A list is attached as Exhibit C. 2 Miyares and Harrington LLP 5. Please describe each identified attorney's experience in municipal law. J. Raymond Miyares Mr. Miyares holds a degree in Urban Studies from the Massachusetts Institute of Technology, in addition to his law degree from the University of Virginia. Mr. Miyares currently serves as lead Town Counsel for the Towns of Stockbridge and Hopkinton, and is principally known for his expertise in planning, zoning and facility siting matters. He served on the Secretary of Environmental Affairs' Siting Policy Task Force and has represented municipalities both in favor of and opposing a wide range of major developments and facilities. An experienced negotiator, Mr. Miyares has concluded numerous Host Community Agreements requiring mitigation and offsetting benefits in Towns that are asked to accept controversial facilities, provide zoning or tax relief, provide support in state permitting processes or settle development - related litigation. Two recent examples are the agreements reached in connection with the Legacy Farms open -space mixed -use development in Hopkinton and the Gloucester Crossing retail/commercial development in Gloucester. Mr. Miyares was the lead author of a Chapter entitled "Municipal Real Estate Transactions" in MCLE's Massachusetts Municipal Law (2012). Mr. Miyares is particularly adept in land use matters with significant technical issues requiring interaction with expert consultants and witnesses. He has frequently appeared in proceedings where technical and engineering issues are being adjudicated. For the Town of Stockbridge, Mr. Miyares crafted a Zoning Bylaw creating an innovative Special Permit process that allows the Town's many Cottage Era estates to be rehabilitated and adaptively reused while preventing the use of their acreage for development as conventional subdivisions. For Hopkinton, Mr. Miyares authored a Zoning Bylaw creating an Open -Space Mixed -Use Overly District, applicable to a 730 -acre parcel, to be developed with 940 new dwelling units, 450,000 square feet of commercial space and 500 acres devoted to open space, recreational and municipal uses. Mr. Miyares has served as a member of a number of advisory committees in his hometown of Belmont, and currently is a member of the Town's Bylaw Review Committee. Thomas J. Harrinaton Mr. Harrington currently serves as Town Counsel for the Towns of Littleton, Carlisle and Wellesley, and has focused his practice on general municipal governance, planning, zoning, real estate, land development, and wetlands Miyares and Harrington LLP protection issues, and assisting municipal boards in procurement, contracting, conveyancing, permitting and litigation matters. He has particular experience representing municipal interests in construction and engineering contract matters, as well as in matters before the Department of Environmental Protection. Mr. Harrington holds degrees from Hartwick College in Oneonta, New York, and Northeastern University School of Law. He has been advising municipal and other public sector clients in a variety of settings for over 20 years. Before joining our firm, Mr. Harrington served in the state Division of Capital Planning and Operations. Mr. Harrington has been a panelist at the Massachusetts Association of Conservation Commissions (MACC) Annual Meeting, and was a member of the Sherborn Conservation Commission for five years. He has also served on the Advisory Board to the Community Environmental Program of Roxbury Community College. He has also served as an elected Town Meeting Member in the Town of Wellesley and as an elected member of the Town of Wellesley Recreation Commission. Christopher H. Heep Since joining Miyares and Harrington LLP in 2005, Mr. Heep has been advising clients in all areas of our firm's municipal practice. In addition to his general Town Counsel work, Mr. Heep devotes a significant portion of his practice to working with our permitting boards, inspection officials and planning staff on matters relating to zoning, subdivision control and land use. He is also experienced in all permitting and land use litigation typically encountered by municipalities, and with the acquisition and disposal of real property, and interests therein, on behalf of municipal clients. Mr. Heep provides key guidance throughout the local review and permit application process for development projects that are expected to have significant impacts on our Towns' local interests. He recently assisted one of our client Towns with the permitting of a 200 -unit affordable housing development pursuant to Chapter 40B, and the negotiation of an associated host community agreement that secured substantial financial mitigation from the project proponent. Before joining Miyares and Harrington LLP, Mr. Heep served as Law Clerk to the Honorable Gordon H. Piper of the Massachusetts Land Court. Mr. Heep received his law degree from Northeastern University School of Law in, and has worked for the Honorable William G. Young of the United States District Court for the District of Massachusetts and for the Office of Regional Counsel of the United States Environmental Protection Agency (Region 1). He received his B.A. in History from Oberlin College and currently serves as a member of the Watertown Zoning Board of Appeals. 4 5d I -� Miyares and Harrington LLP Jennie M. Merrill Jennie M. Merrill's practice is focused on representing municipal interests in construction and engineering contract matters, as well as matters relating to public procurement. She also has experience representing municipalities and private clients in wetlands protection permitting and appeals. Ms. Merrill received her law degree from Northeastern University School of Law and graduated magna cum laude from the University of Massachusetts at Lowell. Ms. Merrill has served as a law clerk for the Honorable James McHugh of the Massachusetts Appeals Court. Her experience also includes work at the U.S. First Circuit Court of Appeals, the Conservation Law Foundation, and the U.S. Environmental Protection Agency ategion I). She is presently a member of the Topsfield Conservation Commission and serves on the Boston Bar Association's Steering Committee for the Administration of Justice Section. Jonathan Simpson Jonathan Simpson graduated cum laude from Harvard College with a degree in Environmental Science and Public Policy. He received his law degree from the New York University School of Law, where he served as Casebook Division Editor of the Moot Court Board. He serves clients in all areas of the firm's practice, with an emphasis on municipal litigation. Mr. Simpson joined Miyares and Harrington LLP after having been an associate at Mintz Levin Cohn Ferris Glovsky and Popeo P.C. and Berman DeValerio Pease Tabacco Burt and Pucillo, concentrating in litigation at both firms. He is a member of the Planning Board for the Town of Brookline and has formerly served on the Moderator's Committee on Parking as well as numerous Design Advisory Teams for major development projects within the Town. Magdalene K. Carter Magdalene K. Carter received her law degree from Villanova University School of Law, where she graduated cum laude and served as Editor -in -Chief of the Villanova Environmental Law Journal. Before attending law school, Ms. Carter graduated cum laude from Middlebury College with a degree in International Studies. Prior to joining Miyares and Harrington, Ms. Carter's experience included work at the Villanova Farmworker Legal Aid Clinic and Connecticut Legal Services in Willimantic, Connecticut. Ivria G. Fried Ivria G. Fried's practice is focused on zoning matters and environmental regulation and compliance, as well as other areas of municipal law. Ms. Fried graduated magna cum laude from the University of Vermont, received her 5 5d I- 8 Miyares and Harrington LLP law degree from Northeastern University School of Law and graduated summa cum laude from Vermont Law School with a Master of Environmental Law and Policy. Her experience also includes work at the U.S. Department of Justice, Environmental Enforcement Section; the Conservation Law Foundation; Earthjustice and the Massachusetts Appeals Court. She is presently an active member of the Boston Bar Association's Environmental Law Public Service Committee. 6. Please describe how you propose to satisfy the Accessibility and Accountability requirements of the RFP, specifically with regard to Reading's somewhat decentralized form of government, including volunteer boards. We pride ourselves in providing maximum accessibility to our municipal clients so that issues can be addressed expeditiously. We believe that department heads and board chairs should have ready access to Town Counsel to have questions answered before actions are taken, subject only to whatever restrictions the Town Manager or Board of Selectmen deem to be essential. We are happy to respond to requests for legal assistance promptly and without unduly cumbersome gatekeeping requirements. In municipal government, last minute requests are routine and not unexpected. We encourage our municipal clients to contact us at any time, including at home, to make necessary requests, and we are prepared to respond expeditiously when circumstances so demand. Time- sensitive aspects of all matters are tracked on our firm's networked computer calendar. All matters receive our prompt attention, so that necessary actions can be taken in a timely fashion. Questions and issues raised by our clients are always answered in advance of the relevant meeting or action and, as a general rule, written opinions are provided no later than one week after a request is received. The partners are accessible by email, fax and telephone, both at the office and at home. Telephone calls are always returned the same day or, at the latest, within 24 hours. Our municipal clients are also provided with cell phone numbers for each partner so that contact can be made quickly and smoothly whenever needed, and the firm can be available after hours and on weekends to answer immediate questions when necessary. 7. Please describe how you propose to satisfy the Back -up requirements of the RFP. Our partners work collaboratively, and meet regularly to discuss pending matters, update each other on progress and discuss strategic options. They schedule vacation time to avoid overlaps, designate a specific back up to handle each pending matter during their absences, and maintain close contact with the office when they are away. Accordingly, it is always possible C 5l-9 Miyares and Harrington LLP for one partner to substitute for another when circumstances require, without a significant disruption to the matter at hand. 8. If services are to be provided by a team of lawyers, describe how the team approach would work. For example, will specific attorneys be assigned to specific cases or subject matters? Will the specific attorney remain the contact throughout the case or matter? All legal services will be provided under the general supervision of J. Raymond Miyares, who will be the principal contact person for the Town. It is expected that the initial principal staffing of assignments for Town legal services will be as set forth below. Other attorneys may be assigned if workload, staffing changes, or other factors require. Mr. Miyares and any other attorney assigned to a particular case or matter will remain in contact with appropriate Town officials at all relevant times. Principal Contact: J. Raymond Miyares Backup Contacts: Thomas Harrington/Christopher Heep Litigation: Christopher Heep /Jonathan Simpson Real Estate, Procurement, Contracts, Construction: Jennie MerrilliThomas Harrington Planning Board, Zoning Board of Appeals: Christopher Heep /J. Raymond Miyares Conservation Commission and Wetlands: Jennie Merrill/J. Raymond Miyares Municipal Finance: J. Raymond Miyares/Jonathan Simpson 9. How would you conduct or oversee litigation, including administrative proceedings, in which the Town and its boards are involved in their official capacity, to the extent such legal services are not provided by the Town's insurance carriers or outside counsel? Miyares and Harrington LLP regularly conducts litigation on behalf of our municipal clients. Our attorneys have appeared before all courts of the Commonwealth, as well as the U.S. District Court for Massachusetts and the First Circuit Court of Appeals. We have also participated in adjudicatory proceedings before administrative agencies such as the Department of Environmental Protection, the Housing Appeals Committee, the Appellate Tax Board, the Energy Facilities Siting Board, the Board of Conciliation and Arbitration, the Massachusetts Commission Against Discrimination, and the Division of Administrative Law Appeals. 7 5dl -10 Miyares and Harrington l Y We are particularly adept in litigation with significant technical issues requiring interaction with expert consultants and witnesses. We have frequently appeared in proceedings before administrative agencies such as DEP and the Energy Facilities Siting Board, where technical and engineering issues are being adjudicated. In Reading, we expect that the decision to commence litigation or to undertake a defense would be made by the appropriate official or Board, in consultation with the Town Manager or Board of Selectmen, as appropriate. After that, we will carry the case forward and we will remain in regular contact with the Town Manager and the affected Boards and officials. We would also ensure that Article 5.2 of the Town's Bylaws, `Resolution of Legal Matters" is scrupulously adhered to. In addition to our litigation skills, we also have substantial expertise in alternative dispute resolution techniques. When appropriate, we can assist the Town in reaching favorable resolutions of matters in or heading toward litigation, without undergoing the expense of a trial Beyond our Town Counsel work, a significant portion of our Special Counsel representation is for municipal boards and officials who require specialized expertise with respect to land use or environmental litigation. For various municipal clients, we have been involved in supporting, defending or opposing a wide range of development projects, including construction and demolition, hazardous and other solid waste facilities and transfer stations; power plants; shopping malls, lifestyle centers and "big box" stores; office facilities; highway projects; water and wastewater treatment facilities; a variety of residential, hotel and mixed -use developments; and a religious shrine. 10. Are you available to review and approve as to form and content all contracts to which the Town is a party? Yes. We expect to draft, review and defend all Town contracts and have experience doing so in a variety of factual contexts ranging from a typical goods and services agreement executed subsequent to a Chapter 30B procurement to more complex design, project management and construction contracts obtained by means of the Town's designer selection procedures adopted pursuant to M.G.L. c.7C, § §44 -57 and the Commonwealth's public construction statutes (M.G.L. c. 149, § §44A -44J (building construction), M.G.L. c.149A (public construction, alternate delivery methods) and M.G.L. c.30, §39M (public works). We also have experience assisting Towns with school construction projects funded by the Massachusetts School Building Authority ("MSBA "), reviewing all project agreements with the MSBA and MSBA bidding and contract documents. In addition, we have also assisted Towns with the procurement and execution of energy management contracts with solar energy providers pursuant to M.G.L. c.25A, § §11C & 11I. 8 561 - � 1 Miyares and Harrington LLP We also assist Towns with all matters related to the license, lease, acquisition and disposition of interests in real estate (including the acquisition or creation of various restrictions thereon), pursuant to any applicable statute, including M.G.L. c.30B, §16, M.G.L. c.184, M.G.L. c.44B, §12, M.G.L. c.40, § §3 and 14, M.G.L. c.79, and M.G.L. c. 82. Our attorneys have also negotiated myriad protocols, memoranda of understanding and other types of agreements, big and small, with permit applicants, regulators, taxpayers, vendors and users of municipal services in a wide range of circumstances. In particular, our firm has been extraordinarily successful in negotiating Host Community Agreements with major project proponents that have sought to locate in or near our client towns, as well as agreements for payment in lieu of taxes (PILOT) and tax increment financing (TIF) agreements. 11. Do you provide regular updates on regulations, legislation and court decisions affecting municipalities and, if so, would this be a separate expense? Yes. Our firm subscribes to numerous legal update services so that we are kept abreast of new developments in the law. When we believe that a new court ruling, statute, regulation or other legal development is of particular relevance to one or more of our municipal clients, we provide this information to the relevant boards or officials, either by memorandum or email so that they will have ready access to the most current developments in the law relevant to their concerns and activities. There is no charge for these updates. 12. Do you provide training in legal obligations and compliance for elected, appointed and compensated town employees on issues such as conflict of interest, ethics, open meeting law and harassment, and, if so, would this be a separate expense? Upon request, we typically present training programs to our municipal clients when new members have been elected or appointed, or substantive or procedural issues have arisen. We would be pleased to provide a yearly training session to department heads and support staff, as well as up to two sessions per year to elected and appointed officials. The topics will be selected by the Selectmen with the advice of the Town Manager and Town Counsel. These sessions shall be at no cost to the Town. We devote a substantial portion of our practice to preventive maintenance and believe that proper legal advice helps to avoid problems before they emerge. We notify all our municipal clients of important new developments in case law and statutory amendments, and we encourage our municipal clients to participate in relevant associations that support various aspects of their municipal work. When we identify an unrecognized problem within a municipality, we will inform the Town Manager of the problem and, with the 5d i - l@- Miyares and Harrington up concurrence of the Town Manager, take the steps necessary to address the issue. 18. Please describe your suggestions for the transition from current town counsel. If chosen as Town Counsel, we would propose to undertake an intensive "listening tour" of Town Boards and Offices during our first month as Town Counsel, to hear firsthand what issues they are currently facing, what advice and counsel they require, and how best to interact with them efficiently and cost - effectively. Thereafter, we would plan to present our findings to the Board of Selectmen and, with their assistance, develop a plan for managing the provision of legal services at the high level that the Town expects. There would be no charge to the Town for this effort. In general, we propose that matters that will require significant attention after the effective date of our appointment should be assigned to us, with the understanding that we will bring ourselves "up to speed," at no cost to the Town. In contrast, matters that are close to completion at the time of our appointment should remain with whoever is handling them now. There may be good reasons, however, for exceptions to this arrangement; these will be discussed with the Town Manager and the relevant officials or Boards before we make a recommendation for going forward. 14. Please describe any complaints with the Board of Bar Overseers or suits against each identified attorney and how the complaints or suits have been resolved. There are none. 15. Please identify any past or current clients that may give rise to a conflict of interest as a result of representing the Town of Reading. In our opinion, we have no past or present clients that would give rise to a conflict of interest as a result of representing the Town of Reading. The policy of Miyares and Harrington LLP is to forego representation of any client located within a municipality where we serve as Town Counsel or have a significant ongoing representational interest with a Town board or official. This policy extends to the client, rather than to the matter, so that we can avoid, to the maximum extent feasible, undertaking representation of clients who might possibly need to appear before Town boards in the future. In addition, we believe strongly that it is not in a municipality's interest for a Town Counsel to serve in such capacity in two abutting Towns, and we will not do so. Our experience is that a Town Counsel's service in adjacent Towns is a common source of conflicts, leaving both Towns with the need to obtain substitute counsel who will be less familiar with the municipal clients needs, culture, values and objectives. 10 5dI -I3 Miyares and Harrington LLP 16. For each Town you and, if applicable, members of your firm have represented, please list those cases where municipal litigation has been undertaken (do not list special ed or appellate tax board cases). We believe our entire roster of cases is too voluminous to list here. However, examples of the firm's cases are: In Eliades v. Planning Board of the Town of Ayer, Land Court No. 287351 and 29012 (CWT), we successfully defended the Ayer Planning Board's rescission of a constructive approval of a definitive subdivision plan. In this case, the applicant placed several mortgages on the subdivision property immediately after the constructive approval occurred, and then claimed that these mortgages prevented rescission pursuant to M.G.L. c.41, §81W. The Land Court initially ruled, without a trial, that one of the mortgages was "in good faith and for a valuable consideration" and therefore prevented the rescission. On appeal, we obtained remand to the Land Court for a full trial. We then tried all issues relating to the mortgages, and won a judgment that the mortgages were not given in good faith. Then, having cleared away the mortgagees' objections, we obtained a judgment affirming the Planning Board's decision. In Water Department of Fairhaven v. Department of Environmental Protection, 455 Mass. 740 (2010), we represented the Town of Hamilton before the Supreme Judicial Court in a case in which the Court ruled that the Department of Environmental Protection may impose conservation measures on public water suppliers that hold registered water rights only if it does so by regulation and only if those measures do not infringe upon the registrants' entitlement to their existing withdrawals. • We represented the Lincoln Conservation Commission before the Appeals Court in a case where the Court found that the Commission was within its rights to deny a project under its local wetlands bylaw despite the fact that the project was approved by DEP. This is now one of the leading cases in defining the powers of a conservation commission under a local bylaw. Hobbs Brook Farm Property Co. Ltd. Partnership v. Conservation Commission of Lincoln, 65 Mass. App. Ct. 142 (2005), further review denied, 446 Mass. 1104 (2006). When a telecommunications provider initially attempted to construct a new cell tower on privately owned, residentially zoned land, and appealed the denial of its special permit application to Federal Court, we worked with the provider to make a preferable municipally owned site available for lease as an alternative means of fling that gap. Omnipoint Communications, Inc. v. Town of Littleton, U.S. District Court Civil Action No. 06- 11140 -PBS. • In Bernier v. Pittorino, Superior Court MICV2010- 04856, we obtained, on behalf of the Town of Littleton, a preliminary injunction ordering a 11 5a H4 Miyares and Harrington LLP property owner to cease and desist all earth removal, all dumping activities, and all truck deliveries to and from the property at issue. We represented the Town of Needham in a wetlands matter before DEP. In the Matter of the Town of Needham, OADR WET- 2010 -034, DEP File No. 234 -0577. The Town's public pool is constructed within a man -made lake. For almost 40 years, the Town has drained the lake for two weeks a year to perform maintenance on the pool. In 2009, the DEP denied the Town's application to continue this practice. We have identified an avenue that allows the Town to continue maintenance through 2016. We are working on securing the Town's rights in the future. • In Lannan v. Sewer Commissioners of the Town of Shirley, Superior Court MICV2003- 01731, we successfully defended the Town of Shirley Sewer Commission after a landowner challenged a $400,000 sewer betterment assessment. • In Town of Sturbridge v. Tantasqua Regional School District, Superior Court Civil Action No. 04- 2356 -C (Worcester) (2006), we successfully defended a school District's allocation of operating costs based on the minimum required local contribution formula found in the Education Reform Act. • In Bankruptcy Court, we secured the ratification of certain deed restrictions affecting the local golf course, thereby preserving the Town of Wareham's ability to influence future development. In re Buzzards Bay Golf, Inc., US Bankruptcy Court, Case No. 06- 11659 -WCH. We also renegotiated the terms of the existing long -term lease with the golf course. • In Wenham, a developer received approval for a 40B project, but later sought and was denied permission to modify his plan. We defended the Town's decision to deny the amendment by the Conservation Commission and ZBA before DEP, the Housing Appeals Committee and in Superior Court. In the Matter of Burley Street, LLC, Docket No. DEP 06 -122, DEP File No. 326 -0248, OADR Docket No. 2005 -228; Burley Street, LLC v. Wenham Zoning Board of Appeals, HAC No. 2009 -12; Town of Wenham Conservation Commission v. Department of Environmental, Superior Court Civil Action No. 2008- 2445B. • We represented Weymouth in connection with a proposed transfer station in Abington, which was found to pose a hazard to a potential public water supply aquifer, undergoing development by the Town. A Site Assignment Rescission decision was ultimately upheld in the Massachusetts Appeals Court. Abington Transfer Station, LLC v. Board of Health of the Town of Abington, 64 Mass. App. Ct. 1111 (2004). 12 561 - 6 Miyares and Harrington LLP By my signature, I certify that the information contained in this Response to Request for Proposals are complete and accurate, to the best of my knowledge and belief. Miyares and Harrington LLP Christopher H. Heep, artne Miyares and Harrington LLP 13 5� 1- ICo Miyares and Harrington up Exhibit A: MUNICIPAL LAW EXPERIENCE General Municipal Law/Town Counsel: Miyares and Harrington LLP has served as Littleton Town Counsel for 25 years (since 1988); Stockbridge Town Counsel for 17 years (since 1996); and Hopkinton Town Counsel for six years (since 2007). We were also recently appointed Town Counsel in Carlisle (May 2013) and Wellesley (May 2014). We regularly advise our municipal clients on the requirements of federal, state and local laws and regulations, and provide updates and counsel as appropriate or in response to specific inquiries. We also have extensive experience with procurement instruments, contracts, indemnification and other special - purpose documents. Municipal Finance: We have advised our client municipalities with respect to a host of budgeting, funding, taxation, borrowing and accounting issues related to capital, operating, reserve, enterprise and revolving funds. We work closely with bond counsel and the Department of Revenue's Division of Local Services in addressing concerns beforehand and resolving issues as they arise. We have assisted in the preparation of grant and loan applications, federal and state assistance agreements and special - purpose gift accounts. We have drafted numerous debt exclusion, capital outlay exclusion and override ballot questions and related Town Meeting motions, and have advised our municipal clients regarding Community Preservation Act accounting issues. Town Bylaws and Regulations: We have drafted hundreds of zoning and general bylaws, amendments and regulations. We have also developed a cordial working relationship with the staff of the Attorney General's Office Municipal Law Unit, which ultimately must review and approve all Town bylaws before they go into effect, and routinely discuss unusual issues of bylaw substance or language with them prior to finalizing warrant articles, so as to ensure approval if adopted. Open Meeting, public record, executive session, and conflicts of interest law: We have provided advice and guidance on the application of the Open Meeting Law, M.G.L. c.30A, § §18 -25 and the Public Records Law, M.G.L. c. 4, §7(26) and c.66, §10. Our attorneys have served on the Open Meeting Law and Electronic Records Working Groups of the Massachusetts Municipal Law Association (formerly known as the City Solicitors and Town Counsel Association). One of the few duties statutorily assigned to Town Counsel is set forth in the State Ethics Law, M.G.L. c.268A, §22, which provides that any municipal employee is entitled to seek the opinion of Town Counsel upon any question arising under that law relating to his/her duties, responsibilities or interests. Pursuant to section 22, we have provided assistance in resolving a multitude of ethical issues pertaining to public officials' financial interests in municipal contracts or other particular matters in which the municipality has an interest, as well appearances of conflict. 1 5dH7 Miyares and Harrington LLP We have provided numerous conflict of interest opinions, pursuant to the requirements of M.G.L. c.268A, §22, in response to requests from municipal employees concerning facts and circumstances that might result in a conflict between the interests of a town and those of the employee, so as to prevent participation by the employee in public matters in which s/he has a direct or indirect financial interest. We take great care in examining these facts and circumstances from various perspectives and, where appropriate, we consult with the legal staff of the State Ethics Commission prior to rendering our opinion. Land Use, Zoning Laws and Subdivision control law: Beyond our Town Counsel work, a significant portion of our Special Counsel representation is for municipal boards and officials who require specific expertise with respect to land use and related environmental controversies. For our municipal clients, we have been involved in developing, supporting permitting or opposing a wide range of development projects, including construction and demolition, hazardous and other solid waste facilities and transfer stations; power plants; shopping malls, lifestyle centers and "big box" stores; office facilities; highway projects; water and wastewater treatment facilities; a variety of residential, hotel and mixed -use developments; "40B" developments and a religious shrine. We have participated in countless public hearings of local boards, and devote a significant portion of our practice to interpreting and explaining the proper application of the Zoning Act for our client Boards or in Court. The bulk of this work consists of assisting Boards of Appeals with variance or comprehensive permit applications; Planning Boards with applications for preliminary or definitive subdivision plan approval; or Special Permit Granting Authorities (generally the Board of Appeals or Planning Board but, in some Towns, the Board of Selectmen) with a Special Permit application. Typically, we guide our clients through an application process from determining if an application is complete to drafting the decision and representation in Court, if necessary. We offer guidance through phone calls and emails if just a little assistance is needed, or by appearing at hearings if necessary. We have assisted with a host of zoning changes for our client Towns, ranging from fine- tuning a use table to the creation of an Open -Space Mixed -Use Development Overlay District (OSMUD), which included 19 pages of detailed regulatory requirements. We have drafted countless special acts, bylaws and regulations, including Planning Board and ZBA rules and regulations. We have undertaken a comprehensive revision of the Town Zoning Bylaws in Stockbridge; assisted in the development of entirely new Subdivision Regulations in Dracut and West Boylston; and, in 1998, under a contract with the Metropolitan District Commission, authored a set of Model Subdivision Control Regulations for use by any community with special water resource protection needs. 2 5d► -19 Miyares and Harrington LLP Some recent examples of our work: • For the City of Gloucester, we negotiated an innovative Tax Increment Financing (TIF) Agreement and Host Community Agreement for the Gloucester Crossing shopping center. The agreements secured a number of infrastructure improvements for the Town and provided for the conveyance of interests in property necessary to allow the Town to redevelop a former school property. • For the Town of Littleton, we opposed a telecommunications provider's efforts to site a new cell tower on privately owned, residentially zoned land, and later worked with the telecommunications provider to make an alternative, municipally owned site available to fill the provider's gap in service. • For the Town of Westwood, we assisted in negotiating a Tax Incentive Financing (TIF) Agreement intended to implement a Development Agreement for Westwood Station, a transit - oriented, "smart growth" mixed -use development. The TIF Agreement was unique in that it provided for increased (rather than reduced) tax payments during the early years of implementation. Real Estate Issues: We have participated in both the purchase and sale of municipal real estate interests, as well as in acquisitions of property by gift and by eminent domain. We have considerable experience in representing client towns with respect to special- purpose interests in real estate, including easements and rights of way for sewer and water facilities, municipal light utilities, and streets and ways. We have also been involved in the acquisition or donation of numerous Conservation Restrictions, pursuant to M.G.L. c. 184, § §31 -33. Town Meeting: We have participated in preparing countless warrant articles for Annual and Special Town Meetings. We have also served at numerous Annual and Special Town Meetings, and have advised moderators with respect to procedural and substantive issues of concern. When required, we have served as stand -ins at Town Meetings when Town Counsel was unavailable to attend. Drafting and monitoring special legislation: We have considerable experience drafting special legislation and working with our Towns' legislative delegation to shepherd their particular proposals through the legislative process. Of particular note, J. Raymond Miyares has served as counsel to two legislative commissions and authored two entire chapters of the General Laws, the Water Management Act, M.G.L. c.21G, and the Low -Level Waste Management Act, M.G.L. c.111H. Bidding, public construction and municipal procurement issues: We have substantial experience in assisting our municipal clients in contracting for the services of professional consultants, with diverse skill sets and expertise, in a wide range of contexts, both in compliance with the requirements of the Uniform Procurement Act, M.G.L. c.30B and with respect to procurements that are exempt from Chapter 30B. 3 56I -1 I Miyares and Harrington LLP We have reviewed countless Requests for Proposals and contract documents, and advised municipalities on strategies both to cut unnecessary red tape and to enable resources to be concentrated on the most significant procurements. We have facilitated our clients' ability to foster robust competition, to promote integrity in procurements, and ultimately to save money through uniform and transparent contracting procedures. We have represented client municipalities in public works construction contracting involving school and other public buildings, water and sewage facilities, solid waste disposal facilities, roads and bridges, dams and telecommunications facilities. We can draft, review, and defend public construction contracts and have experience doing so in a variety of factual contexts, including advising our municipal clients in all aspects of public construction processes, preparation of bid documents, resolving bid disputes, contract negotiations, project changes, contractor claims and litigation defense. We work hard with Town representatives to keep construction projects on time and within budget, while resolving controversies in a common -sense fashion as the project proceeds. However, we do not hesitate to remain firm when necessary for the Town to obtain the benefit of the contract it has signed and the commitments it has paid for. Some recent examples of our work: • We assisted the Town of Hopkinton in the negotiation of an Intermunicipal Agreement with the Town of Milford to allow up to 200,000 gallons per day of wastewater generated in Hopkinton to be accepted at Milford's wastewater treatment facility and to defray certain capital costs associated with the Agreement by way of a MORE Grant from the Commonwealth. • We negotiated one of the Commonwealth's first facility lease and power purchase agreements to allow the location of solar generating equipment to be located on the rooftops of several Hopkinton school and general municipal buildings. Hopkinton's efforts have consistently been cited as a model for municipal- private partnerships to promote solar technology development in the Commonwealth. • We assisted the Town of Hopkinton in the acquisition of a privately owned Library building in anticipation of a significant restoration and renovation project, and guided the Town throughout the process of preparing an application for grant funding from the Massachusetts Board of Library Commissioners. • We assisted the Town of Littleton in all phases of numerous construction projects, including a new high school, a new middle school, a renovation and addition to an elementary school, a new police station, a new Town Hall, and a new light department building. Our service to the Town includes the drafting of all contracts and guidance and representation on: procurement, payments disputes, disputes with the contractors and designers during construction and 0 56 � -ao Miyares and Harrington LLP post construction, contract completion issues, the acquisition of state grants and loans. • We represented the Town of Littleton in the acquisition of a working apple orchard. When the acquisition was complete, we assisted the Town in leasing the land to a farmer so that the orchard remained in production, and in protecting the land with a conservation restriction. • For the Town of Shirley, we have provided legal representation and guidance in the development and implementation of a Town sewer system, including upgrades to existing authority, easement acquisition, betterment assessments, construction bidding and contracting, and representation in abatement proceedings and contract disputes. • We assisted the Town of Stockbridge in reconfiguring an elementary school building for use as Town, Regional School Committee, and private offices. Our efforts included the procurement of design and construction services, including the incorporation of geothermal heating; resolution of water service deficiencies; post - construction dispute resolution; and the solicitation and award of bid proposals for the private office space. As Stockbridge Town Counsel, we assisted the Water and Sewer Commission in the financing and construction of a sewer system expansion, including preparation of Town Meeting articles and motions, amending the Commission's enabling authority to allow the use of service fees to defray capital costs, acquisition of property interests and indemnification agreements, and development of connection policies. • Also in Stockbridge, we assisted the Water and Sewer Commission in the financing, design and construction of an expansion to the water system service area and the addition of a new water tower. We also and assisted in the acquisition of property interests and drafted Town meeting articles and motions and indemnification agreements for affected land owners. • For the Town of Wareham, we secured the ratification of certain deed restrictions affecting the local golf course, thereby preserving the Town's ability to influence future development. We also renegotiated the terms of the existing long -term lease with the golf course. Affordable Housing: We have been involved in both the permitting and opposition to affordable housing developments in a variety of settings. Some recent examples of our work: • For the Town of Hopkinton we negotiated a series of agreements with the owner and developer of an open -space master - planned community comprising approximately 730 acres of land, on which are proposed 940 new dwelling units, of which 240 will be eligible for inclusion in the Massachusetts E 5di -QI Miyares and Harrington up Department of Housing and Community Development's Subsidized Housing Inventory, 450,000 square fee of commercial space, and 500 acres of open space and other restricted land. • We participated in the drafting a an amicus curiae brief for the Supreme Judicial Court, on behalf of the Towns of Hopkinton, Boxborough, Norton, Townsend and Tyngsborough, in the case of Zoning Board of Appeals of Lunenburg v. Housing Appeals Committee (SJC- 11102). • For the Town of Littleton, we negotiated a comprehensive Host Community Agreement with a developer that sought to construct 190 rental housing units pursuant to M.G.L. c.40B, § §20 -23, twenty -one single family house lots in an open space subdivision as provided for in the Town's Zoning Bylaw, and twelve additional single - family houses on lots within an abutting, previously approved subdivision. Pursuant to the Host Community Agreement, the developer has agreed to pay the Town up to $1,255,125.00 as mitigation for, these development projects. The developer further agreed, as a matter of contract, that it would maintain sufficient number of SHI- eligible housing units within the rental 40B development to keep the number of SHI - eligible housing units in Town at or above ten percent (10°x6) of the total housing units through 2031. • In Wenham, a developer received approval for a 40B project, but later sought and was denied permission to modify his plan. We defended the Town's decision to deny the amendment by the Conservation Commission and ZBA before DEP, the Housing Appeals Committee and in Superior Court. In the Matter of Burley Street, LLC, Docket No. DEP 06 -122, DEP File No. 326- 0248, OADR Docket No. 2005 -228; Burley Street, LLC v. Wenham Zoning Board of Appeals, HAC No. 2009 -12; Town of Wenham Conservation Commission v. Department of Environmental, Superior Court Civil Action No. 2008- 2445B. Community Preservation Act: All of the Towns that we serve as Town Counsel have accepted the Community Preservation Act. Each year, we assist their Community Preservation Committees in reviewing project proposals, preparing spending recommendations for Town Meeting, and implementing projects that have been funded. We have negotiated numerous grant agreements, deed restrictions and other documents that secure the public benefits of projects, and we have provided assistance regarding Community Preservation Act accounting issues. Oil and Hazardous Waste Contamination/Environmental Issues and Wetland Regulations: In addition to our reputation in municipal law generally, Miyares and Harrington LLP is probably best known for our expertise in environmental controversies. We have represented municipal clients in a very wide range of natural resource conservation and environmental protection matters, arising under federal, state and local laws and regulations pertaining to wetlands protection, water quality and management issues, air emissions, odor control, toxic and hazardous materials, noise abatement and control, traffic mitigation, public R 56 � -aa Miyares and Harrington up nuisances, noisome trades and site assignments, and environmental impact analysis, in the context of compliance advice, permitting, enforcement proceedings, administrative appeals and litigation. Our firm has represented a number of Boards of Health with respect to a variety of solid waste facility issues, hazardous material remediation, asbestos abatement and noisome trades. Our services have involved regulatory drafting, strategic planning, site selection review, permitting assistance, enforcement and litigation. We have represented municipal interests in solid waste site assignment hearings before Boards of Health — including, in particular, the Marshfield Board of Health —and have also provided hearing officer services for such proceedings. We have also represented Boards of Health with respect to solid waste facility closures. We have provided legal representation and guidance in the development and implementation of municipal sewer systems, including upgrades to existing authority, easement acquisition, betterment assessments, construction bidding and contracting, and representation in abatement proceedings and contract disputes. We have assisted in the financing and construction of sewer system expansions, including preparation of Town Meeting articles and motions, amending enabling authority, obtaining grant funding and low- interest loans, acquisition of property interests and indemnification agreements, and development of connection policies. We have also provided strategic advice and support in connection with the acceptance and implementation of M.G.L. c.40N governing the creation of a Sewer Commission independent from the Town. Some recent examples of our work: • We are assisting the Town of East Bridgewater in the acquisition by tax title of a brownfield site in the town center. We are in the process of securing grants to remediate the property. Once remediated, the property will be sold to a developer. • We assisted the Town of Hopkinton in the negotiation of an Intermunicipal Agreement with the Town of Milford to allow up to 200,000 gallons per day of wastewater generated in Hopkinton to be accepted at Milford's wastewater treatment facility and to defray certain capital costs associated with the Agreement by way of a MORE Grant from the Commonwealth. We represented the Lincoln Conservation Commission in an action before the Appeals Court in which the Court found that the Commission was within its rights to deny a project under its local wetlands bylaw despite the fact that the project was approved by DEP. This is now one of the leading cases in defining the powers of a conservation commission under a local bylaw. Hobbs Brook Farm Property Co. Ltd. Partnership v. Conservation Commission of Lincoln, 65 Mass. App. Ct. 142 (2005), further review denied, 446 Mass. 1104 (2006). • We are representing the Town of Needham in a wetlands matter before DEP. The Town's public pool is constructed within a man -made lake. For almost 40 7 5d1 -�3 Miyares and Harrington LLP years, the Town has drained the lake for two weeks a year to perform maintenance on the pool. In 2009, the DEP denied the Town's application to continue this practice. We have identified an avenue that allows the Town to continue maintenance through 2011. We are working on securing the Town's rights in the future. • We represented Weymouth in connection with a proposed transfer station in Abington, which was found to pose a hazard to a potential public water supply aquifer, undergoing development by the Town. A Site Assignment Rescission decision was ultimately upheld in the Massachusetts Appeals Court. Elections Law and Procedures: We have advised Town Clerks in the conduct of elections and in re- counts as appropriate. We have also provided advice when elections have resulted in failures to elect. In one case involving a tie in the counted vote, we obtained a court order allowing an overlooked absentee ballot to be opened and counted. See In re. a Certain Ballot Cast in the Town Of Hopkinton Annual Town Election, Superior Court Civil Action 20111999. Liquor Licensing: We have advised local licensing authorizes on a range of liquor issues, involving license award, renewal, suspension and other discipline. We consult regularly with the Alcoholic Beverage Control Commission on matters subject to their purview so that local decisions can be upheld if appealed. We have also draft special legislation seeking an increase in the permitted number of licenses available to be issued in one of our client towns. Representation of Town in all courts: Our attorneys have appeared before all courts of the Commonwealth, as well as the U.S. District Court for Massachusetts and the First Circuit Court of Appeals. We have also participated in adjudicatory proceedings before administrative agencies such as the Department of Environmental Protection, the Housing Appeals Committee, the Appellate Tax Board, the Energy Facilities Siting Board, the Board of Conciliation and Arbitration, the Massachusetts Commission Against Discrimination, and the Division of Administrative Law Appeals. 8 5di -aq Miyares and Harrington LLP Belmont Purecoat Planning Instructor and Staff Attorney Committee 2004 -2006 Boston University School of Public Health 1982 -1983 Belmont Bylaw Review Committee 2006 - present Director of Research The Research Group, Inc., 1974 -1978 56 � -a51 J. Raymond Miyares, founding partner of the firm, is J. RAYMOND MIYARES, Esq. principally known for his work in facility siting, water and resource management, and municipal Academic Background finance matters. He is the principal author of two entire Chapters of the Massachusetts General Laws. Juris Doctor Mr. Miyares is particularly experienced in matters University of Virginia with significant technical issues requiring interaction with expert consultants and witnesses. Bachelor of Science Urban Studies Mr. Miyares has represented municipalities and Massachusetts Institute of private clients both in favor of and opposing a wide Technology range of major developments and facilities. A veteran negotiator, he has concluded numerous Member of the Bar host community agreements requiring mitigation Massachusetts and offsetting benefits in Towns that accept United States District Court controversial facilities or provide property tax relief. for Massachusetts United States Court of Mr. Miyares is the lead author of a Chapter entitled Appeals, First Circuit "Municipal Real Estate Transactions" in MCLE's Massachusetts Municipal Law (2012). Community Service Siting Policy Task Force, REPRESENTATIVE CLIENTS Executive Office of Town Counsel: Town of Stockbridge MA 1996 - present Environmental Affairs 1990 Town Counsel: Town of Hopkinton MA 2007 - present Construction Industry Arbitrator Counsel, Low -Level Radioactive Waste American Arbitration Management Board 1989 -1999 Association 1988 -1994 Counsel, Special Legislative Commission on Water Supply Secretary. Board of Directors 1982 -1983 Massachusetts Hazardous Waste Insolvency Fund PROFESSIONAL EXPERIENCE 1986 -1989 Partner, Miyares and Harrington LLP 1988 - present Belmont Financial Task Force Advisory Committee Visiting Lecturer 1995 -1996 Clark University, Department of Geography 1987 Belmont Telecommunications Bylaw Study Committee Bracken and Baram 1978 -1987 1997 -1998 Partner 1982 -1987 Belmont Purecoat Planning Instructor and Staff Attorney Committee 2004 -2006 Boston University School of Public Health 1982 -1983 Belmont Bylaw Review Committee 2006 - present Director of Research The Research Group, Inc., 1974 -1978 56 � -a51 Miyares and Harrington up Member Thomas J. Harrington focuses his practice on real estate, THOMAS J. HARRINGTON, Esq. land development, planning and wetlands protection Center for Environmental issues, assisting municipal boards in contracting, Academic Background conveyancing, permitting and litigation matters. He has 1997 -2000 particular experience representing municipal interests in Juris Doctor construction and engineering contract matters, as well as Northeastern University in matters before the Department of Environmental Regulations Protection. Before joining our firm, he served in the state Bachelor of Arts Division of Capital Planning and Operations. Hartwick College Miyares and Harrington LLP 1998 Mr. Harrington is a graduate of Hartwick College and the Member of the Bar Northeastern University School of Law. He is particularly Massachusetts recognized for his successful defense of a Conservation United States District Court Commission's decision under a local Wetlands Bylaw, for Massachusetts despite the project's having received an inconsistent 1990 -1996 Superseding Order of Conditions from the Department of Community Service Environmental Protection. See Hobbs Brook Farm Chair Property Co. v. Conservation Commission of Lincoln, 65 Wellesley Recreation Mass. App. Ct. 142 (2005). Commission 2010 -2014 Mr. Harrington has been a panelist at the Massachusetts Association of Conservation Commissions (MACC) Annual Member Meeting, and was a member of the Sherborn Conservation Wellesley Town Meeting Commission for five years. He has also served on the 2004 -2009 Board of Directors Roxbury Community College Center for Environmental Education from 1997 through 2000. He President was an elected Town Meeting Member in the Town of Vice President Wellesley from 2005 through 2008, and was an elected Wellesley United Soccer Club member of the Wellesley Recreation Commission from 2002 -2009 2010 through 2014. Member REPRESENTATIVE CLIENTS Board of Directors Roxbury Community College Town Counsel: Town of Wellesley, MA 2014 - present Center for Environmental Education Town Counsel: Town of Carlisle, MA 2013 - present 1997 -2000 Town Counsel: Town of Littleton, MA 2001 - present Principal Author PROFESSIONAL EXPERIENCE Model Subdivision Control Regulations Partner, 1997 - present Metropolitan District Counsel, 1990 -1997 Commission Miyares and Harrington LLP 1998 1986 -1987 Member Payment Appeals Coordinator Sherborn Conservation Office of the General Counsel, DCPO Commission 1990 -1996 5di-0('0 Miyares and Harrington LLP Law Clerk, 2003 Miyares and Harrington LLP Legal Intern, 2002 U.S. Environmental Protection Agency Office of Regional Counsel 5d1 -a-� Our newest partner, Christopher Heep serves clients in CHRISTOPHER H. HEEP, Esq. all areas of the firm's practice, with particular emphasis on disputes concerning zoning and land use. Before Academic Background joining Miyares and Harrington LLP, Mr. Heep served as Law Clerk to the Honorable Gordon H. Piper of the Juris Doctor Massachusetts Land Court. Northeastern University Mr. Heep received his law degree from Northeastern Bachelor of Arts University School of Law, and has worked for the Oberlin College Honorable William G. Young of the United States District Court for the District of Massachusetts and for Member of the Bar the Office of Regional Counsel of the United States Massachusetts Environmental Protection Agency (Region 1). He United States District Court received his B.A. in History from Oberlin College. Mr. for Massachusetts Heep is presently an associate member of the Watertown Zoning Board of Appeals. Community Service Member Watertown Zoning Board of PROFESSIONAL EXPERIENCE Appeals 2011 present Partner, 2011 - present Counsel, 2005 -2011 Lead Author Miyares and Harrington LLP "Municipal Real Estate Transactions," Chapter 15 of Law Clerk, 2004 -2005 Massachusetts Municipal Law The Honorable Gordon H. Piper (MCLE) Massachusetts Land Court 2012 Legal Intern, 2003 Sugarman, Rogers, Barshak & Cohen PC Law Clerk, 2003 Miyares and Harrington LLP Legal Intern, 2002 U.S. Environmental Protection Agency Office of Regional Counsel 5d1 -a-� Miyares and Harrington LLP Legal Intern, Fall 2003 The Honorable Norman H. Stahl US Court of Appeals for the First Circuit Legal Intern, Spring 2003 Conservation Law Foundation Legal Intern, Fall 2002 U.S. Environmental Protection Agency 56 1 -a8 Jennie M. Merrill's practice is focused on JENNIE M. MERRILL, Esq. representing municipal interests in construction and engineering contract matters, as well as matters Academic Background relating to public procurement. She also has experience representing municipalities and private Juris Doctor clients in real estate matters, wetlands protection Northeastern University permitting and appeals. Me. Merrill received her law degree from Northeastern University School of Law Bachelor of Science and graduated magna cum laude from the University of Massachusetts University of Massachusetts at Lowell. at Lowell Ms. Merrill served as a law clerk for the Honorable Member of the Bar James McHugh of the Massachusetts Appeals Court. Massachusetts Her experience also includes work at the U.S. First United States District Court Circuit Court of Appeals, the Conservation Law for Massachusetts Foundation and the U.S. Environmental Protection Agency (Region 1). Ms. Merrill is presently Community Service Chairman of the Topsfield Conservation Member Commission. Topsfield Conservation Commission PROFESSIONAL EXPERIENCE 2008 present Associate, 2005- present Member Miyares and Harrington LLP Steering Committee of the Administration of Justice Law Clerk, 2006 -2007 Section of the Boston Bar The Honorable James F. McHugh Association Massachusetts Appeals Court 2009 -2012 Law Clerk, 2005 Contributing Author Anderson & Kreiger, LLP "Municipal Real Estate Transactions," Chapter 15 of Research Assistant: Professor L. Breckenridge, 2004 -2005 Massachusetts Municipal Law Northeastern University School of Law (MCLE) 2012 Legal Intern, Spring 2004 Latronico, Black, Cetkovic & Whitestone Legal Intern, Fall 2003 The Honorable Norman H. Stahl US Court of Appeals for the First Circuit Legal Intern, Spring 2003 Conservation Law Foundation Legal Intern, Fall 2002 U.S. Environmental Protection Agency 56 1 -a8 Miyares and Harrington up Contributing Author "Municipal Real Estate Transactions, " Chapter 15 of Massachusetts Municipal Law (MCLE) 2012 PROFESSIONAL EXPERIENCE Associate, 2008 - present Miyares and Harrington LLP Contract Attorney, 2007 -2008 Proskauer Rose, LLP Associate, 2006 -2007 Berman DeValerio Pease Tabacco Burt & Pucillo Associate, 2004 -2006 Mintz Levin Cohn Ferris Glocsky and Popeo PC 56 � -aG Jonathan Simpson graduated cum laude from JONATHAN SIMPSON, Esq. Harvard College with a degree in Environmental Science and Public Policy. He received his law Academic Background degree from the New York University School of Law, where he served as a Casebook Division Editor of Juris Doctor the Moot Court Board. New York University School of Law Mr. Simpson joined Miyares and Harrington LLP after having been an associate at Mintz Levin Cohn Bachelor of Arts Ferris Glovsky and Popeo P.C. and Berman Harvard University DeValerio Pease Tabacco Burt and Pucillo, concentrating in litigation at both firms. He Member of the Bar currently serves as a member of the Planning Board Massachusetts and for the Town of Brookline, and has formerly served Federal District Court for on the Moderator's Committee on Parking as well as Massachusetts numerous Design Advisory Teams for major development projects within the Town. He serves Member clients in all areas of the firm's practice, with an Brookline Planning Board emphasis on municipal litigation and brownfields 2010 present regulation. Contributing Author "Municipal Real Estate Transactions, " Chapter 15 of Massachusetts Municipal Law (MCLE) 2012 PROFESSIONAL EXPERIENCE Associate, 2008 - present Miyares and Harrington LLP Contract Attorney, 2007 -2008 Proskauer Rose, LLP Associate, 2006 -2007 Berman DeValerio Pease Tabacco Burt & Pucillo Associate, 2004 -2006 Mintz Levin Cohn Ferris Glocsky and Popeo PC 56 � -aG Miyares and Harrington LLP Associate, 2013 - present Miyares and Harrington LLP Certified Student Attorney, 2013 Villanova University Farmworker Legal Aid Clinic Villanova, PA Legal Intern, Summer 2012 Connecticut Legal Services, Inc. Willimantic, CT Summer Associate, 2011 Downs Rachlin Martin, PLLC Burlington, VT 561-30 Magdalene K. Carter received her law degree from MAGDALENE K. CARTER, Esq. the Villanova University School of Law, where she served as Editor -in -Chief of the Villanova Academic Background Environmental Law Journal and served as a member on the Villanova Environmental & Energy Juris Doctor Law Society and the Sustainability Committee. Villanova University School of Law Ms. Carter graduated cum laude from Middlebury College with a degree in International Studies with Bachelor of Arts a focus in Economics and Latin America Middlebury College Ms. Carter is that author of a Case Note: `Flooding Cultural Immersion the Possibility of Recovery Under a Temporary Programs Takings Analysis: The Drowning Effects of Universidad del Salvador Arkansas Game & Fish Commission v. United Buenos Aires, Argentina States," 23 Villanova Environmental Law Journal 211 (2012) Universidad de Salamanca Salamanca, Spain Ms. Carter serves clients in all areas of the firm's practice.. She is highly proficient in Spanish. Member of the Bar Massachusetts PROFESSIONAL EXPERIENCE Associate, 2013 - present Miyares and Harrington LLP Certified Student Attorney, 2013 Villanova University Farmworker Legal Aid Clinic Villanova, PA Legal Intern, Summer 2012 Connecticut Legal Services, Inc. Willimantic, CT Summer Associate, 2011 Downs Rachlin Martin, PLLC Burlington, VT 561-30 Miyares and Harrington LLP IVRIA G. FRIED, Esq. Academic Background Master of Environmental Law and Policy Vermont Law School Juris Doctor Northeastern University Ivria G. Fried graduated magna cum laude from the University of Vermont with a degree in a Political Science and Sociology and summa cum laude from Vermont Law School with a Masters of Environmental Law and Policy. She received her law degree from the Northeastern University School of Law, where she was a semifinalist in the Pace National Environmental Law Moot Court Competition and was a member of the Wind Action Committee and Environmental Law Society. Ms Fried was a recipient of the 2012 ABA Section of Bachelor of Arts Environment, Energy and Resources Law Student University of Vermont Program of the Year award for a published report entitled Public Access to the Tidelands: Compliance with Ch.91 Licenses Member of the Bar Massachusetts Ms. Fried serves clients in all areas of the firm's practice. She is highly proficient in Spanish. Member Boston Bar Association PROFESSIONAL EXPERIENCE Environmental Public Service Committee Associate, 2014 - present Miyares and Harrington LLP Member Boston Bar Association Associate, 2013 -2014 Young Lawyers Division Law Office of Stuart J. Farkas Community Service Volunteer Iraqi Refugee Assistance Project Volunteer Legal Services Law Line 2008 -2009 Legal Intern, 2013 Department of Justice, Environmental Enforcement Section Washington, D.C. Law Clerk, 2013 Anderson & Kreiger, LLP Legal Intern, 2012 Conservation Law Foundation Volunteer Legal Intern, 2012 Victim Rights Law Center Earthjustice, San Francisco, CA 2007 Judicial Intern, 2011 Massachusetts Appeals Court Associate Justice Cynthia J. Cohen 56 i -31 iwu4 to present Mark Fermanian, Chair Ayer Planning Board 1 Main Street Ayer, MA 01432 (978) 486 -9058 56 - 3--� 2005 Current contact information unavailable 561- 33 Wareham t Vuml uult'y r.uullvlull:.Ur VOwyluouv 1°l --Xuy 54 Marion Road 2006 to present Wareham, MA 02571 (508) 291 -3100 x3103 56 � -3q 56i-35 5d� -3Cp Laura Brown, Tax Title Counsel East Bridgewater The Cornerstone Building 2009 to present 800 Hingham Street Rockland, MA 02370 (781) 871 -3111 5d� -3Cp 56l -3� Jorja -Ann P. Marsden, Town Administrator Stockbridge 50 Main Street 1996 to present Stockbridge, MA 01262 (413) 298 -4170 56l -3� 5-d I - Y 5d� -39 LUlU yvn oia„u�ra vivvr (978) 458 -4583 56i -40 Miyares and Harrington Lu Jean Connaughton, Chair Community Economic Development Authority Wareham 54 Marion Road 2006 to present Wareham, MA 02571 (508) 291 -3100 x3103 5di-Hi Miyares and Harrington LLP J. Raymond Miyares Thomas J. Harrington Christopher H. Heep ATTACHMENT B A private law firm in the public interest Jennie M. Merrill Marguerite D. Reynolds Jonathan E. Simpson RESPONSE TO REQUEST FOR PROPOSALS FOR TOWN OF READING TOWN COUNSEL - FINANCIAL INFORMATION Miyares and Harrington LLP 50 Leonard Street • Suite Three Belmont, MA 02478 Tel. (617) 489 -1600 Fax. (617) 489 -1630 ray@miyares- harrington.com 50 Leonard Street • Suite Three • Belmont, MA 02478 1 Tel: 617.489.1600 1 Fax: 617.489.1630 1 www.miyares- harrington.com 5di -qa Miyares and Harrington up 1. Please list the name and hourly rate for proposed Town Counsel and for each attorney intended or likely to serve as back -up: Our billing rates for Town Counsel services are $185.00 for the professional services of our firm's partners, J. Raymond Miyares, Thomas J. Harrington and Christopher H. Heep, and $160.00 for staff attorneys. 2. If you propose to bill for services provided by paralegals, clerical staff, or other non - attorney personnel, please list by title and by hourly rate each position for whom you may bill: Our billing rates are $65.00 for law clerks and paralegals assisting in the provision of Town Counsel services. We do not bill for clerical or administrative personnel. 3. Please provide a complete listing of all charges for expenses you intend to impose as incurred (i.e. any and all copy charges, telephone charges, fax charges, mileage charges and the like but excluding any fees for stenographers, court fees, service fees and the like): All expenses and disbursements (filing and outside photocopying fees, certified and express mail) are billed at cost (without any mark -up). There is no charge for telephone calls, in -house photocopying, faxes or regular postage. Nor do we bill for overhead charges or on -line research expenses. In accordance with IRS guidance, mileage will be billed during calendar year 2014 at $0.56 per mile. 4. In what hourly increments do you intend to bill? All time is billed in increments of 0.1 hours. 5. Do you bill out attorney time out of the office on a portal -to- portal basis or some other basis? Please describe. Travel time is billed at $$140.00 for our firm's partners, $125 for staff attorneys and $35.00 for law clerks and paralegals. 6. Please describe any proposed alternative fee arrangement. We are happy to discuss establishing a retainer arrangement for core Town Counsel services provided to the Town. The amount of the retainer would depend on the scope of services to be provided under the retainer and the services that we would be asked to provide on an hourly basis. 1 561 -43 Miyares and Harrington LLP Partner ,on LLP Thomas J.- Hbkrington, Partner Miyares and Harrington LLP Christopher H. Heep, artn Miyares and Harrington LLP gym- M T. ?-aVA 4 M14010 -s ATTACHMENT C MUNICIPAL LAW EXPERIENCE CHECKLIST (To be completed for each team member) Rate your experience in the following areas of municipal law using the scale below 1. No experience 2. Limited experience 3. Moderate experience 4. Advanced experience 5. Extensive experience General Municipal Law Municipal Finance Town bylaws and regulations open Meeting, public record, executive session, and conflicts of interest law Zoning G. L. c. 40A and land use i- Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax taking - Town Meeting: drafting and review of warrant articles and motions, advice on issues before and at Town Meeting _ Drafting and monitoring special legislation Public Bidding, Construction Law and Municipal Procurement Law Chapter 40B Affordable Housing Subdivision Control Law 5— Community Preservation Act G. L. c. 44B Wetlands Regulation (State and Local) oil & Hazardous Waste Contamination G. L. c. 21E Elections Law Liquor Licensing Municipal Labor Law Chapter 32B S61 .-q 7no kaA 5 Narr,,Fi ATTACHMENT C MUNICIPAL LAW EXPERIENCE CHECKLIST (To be completed for each team member) Rate your experience in the following areas of municipal law using the scale below 1. No experience 2. Limited experience 3. Moderate experience 4. Advanced experience 5. Extensive experience General Municipal Law Municipal Finance A Town bylaws and regulations - Open Meeting, public record, executive session, and conflicts of interest law Zoning G. L. c. 40A and land use Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax taking _ Town Meeting: drafting and review of warrant articles and motions, advice on issues before and at Town Meeting Drafting and monitoring special legislation Public Bidding, Construction Law and Municipal Procurement Law Chapter 40B Affordable Housing Subdivision Control Law _ Community Preservation Act G. L. c. 44B Wetlands Regulation (State and Local) Oil & Hazardous Waste Contamination G. L. c. 21E Elections Law Liquor Licensing Municipal Labor Law _ Chapter 32B 561- q(0 Cf?reV1t4r A . ATTACHMENT C MUNICIPAL LAW EXPERIENCE CHECKLIST (To be completed for each team member) Rate your experience in the following areas of municipal law using the scale below 1. No experience 2. Limited experience 3. Moderate experience 4. Advanced experience 5. Extensive experience _4 General Municipal Law Municipal Finance Town bylaws and regulations Open Meeting, public record, executive session, and conflicts of interest law Zoning G. L. c. 40A and land use Real estate issues: acquisitions, sales, eminent domain, easements, leases, tax taking _ Town Meeting: drafting and review of warrant articles and motions, advice on Issues before and T at Town Meeting Drafting and monitoring special legislation _ Public Bidding, Construction Law and Municipal Procurement Law Chapter Affordable Housing Subdivision Control Law Community Preservation Act G. L. c. 44B Wetlands Regulation (State and Local) Oil & Hazardous Waste Contamination G. I. c. 21E Elections Law f _ Liquor Licensing Municipal Labor Law Chapter 32B 561 -H �'•�Mo�d � %yard ATTACHMENT D STATEMENT OF LITIGATION EXPERIENCE (To be completed for each team member) Rate your experience practicing with the following Courts, Boards and Commissions based on the scale listed below. 1. No experience 2. Limited experience 3. Moderate experience 4. Advanced experience S. Extensive experience Trials before State Courts (District, Superior, Land Courts) _ Trials before Federal District Courts Appeals before Massachusetts Appeals Court Appeals before Massachusetts Supreme Judicial Court Administrative Proceedings before Massachusetts Civil Service Commission Arbitration Proceedings 9 Mediation Proceedings Administrative Proceedings before Massachusetts Appellate Tax Board Administrative Proceedings before Massachusetts Department of Environmental Protection Z Administrative Proceedings before Massachusetts Commission Against Discrimination 3 Administrative Proceedings before the ABCC Administrative Proceedings before the Housing Appeals Committee Administrative Proceedings before Division of Administrative Law Appeals 5A l i I 1 7htm rtA X Avr, 45*n ATTACHMENT D STATEMENT OF LITIGATION EXPERIENCE (To be completed for each team member) Rate your experience practicing with the following Courts, Boards and Commissions based on the scale listed below. 1. No experience 2. Limited experience 3. Moderate experience 4. Advanced experience S. Extensive experience Trials before State Courts (District, Superior, Land Courts) _ Trials before Federal District Courts _ 3 Appeals before Massachusetts Appeals Court 2 Appeals before Massachusetts Supreme Judicial Court Administrative Proceedings before Massachusetts Civil Service Commission _ Arbitration Proceedings W Mediation Proceedings Administrative Proceedings before Massachusetts Appellate Tax Board _ Administrative Proceedings before Massachusetts Department of Environmental Protection Administrative Proceedings before Massachusetts Commission Against Discrimination _ Administrative Proceedings before the ABCC Administrative Proceedings before the Housing Appeals Committee Administrative Proceedings before Division of Administrative Law Appeals 5� -q Ch g. ATTACHMENT D STATEMENT OF LITIGATION EXPERIENCE (To be completed for each team member) Rate your experience practicing with the following Courts, Boards and Commissions based on the scale listed below. 1. No experience 2. Limited experience 3. Moderate experience 4. Advanced experience S. Extensive experience _ Trials before State Courts (District, Superior, Land Courts) Trials before Federal District Courts Appeals before Massachusetts Appeals Court _ Appeals before Massachusetts Supreme Judicial Court Administrative Proceedings before Massachusetts Civil Service Commission - - Arbitration Proceedings Mediation Proceedings Administrative Proceedings before Massachusetts Appellate Tax Board Administrative Proceedings before Massachusetts Department of Environmental Protection Administrative Proceedings before Massachusetts Commission Against Discrimination Administrative Proceedings before the ABCC Administrative Proceedings before the Housing Appeals Committee Administrative Proceedings before Division of Administrative Law Appeals 56� -5o