Blatman Bobrowski Mead Proposal

B LA TMAN , B O B R OW S K I & M E A D , L L C

A T T O R N E Y S A T LAW

C o n c o r d • M i l l i s • N ew b u r yp o r t

DESCRIPTION OF THE FIRM

The firm of Blatman, Bobrowski & Mead, LLC, offers the Commonwealth’s cities and towns

expertise in general municipal law and land use law. The firm’s practice is focused on these

areas, providing its clients with relevant, timely and sound counsel. Most of the firm’s clients are

town governments, boards and housing authorities. The firm provides counsel in all areas of

municipal and land use law, except labor law and with offices located in Concord, Millis and

Newburyport, the firm is able to expediently serve all of its municipal clients.

The firm’s attorneys provide general municipal counsel as well as project-based special counsel

services. The team is thoroughly familiar with the day-to-day workings of municipal government

and the myriad of challenges facing localities as they manage daily operations, emergency

situations, long-term planning and strategic efforts. The firm presently serves as Town Counsel

to a growing number of municipalities, including the Towns of Ashland, Bellingham, Berkley,

Deerfield, Douglas, Easton, Kingston, Marblehead, Maynard, Rehoboth and Southbridge. As of

November 1, 2012, the Firm will also begin serving as Town Counsel for the Town of Chatham.

The firm has also represented well over 100 municipalities in the past 20 years on Special

Counsel assignments. A number of the firm’s municipal clients have ongoing relationships of

over 10 years.

Although well-versed in the full scope of services offered, the firm’s areas of expertise in the

municipal context are as follows:

Mark Bobrowski: Land use and planning law

Lisa L. Mead: Municipal law; Land use and planning law; renewable energy

Jason R. Talerman: Municipal Law; Land use, planning, wetlands and environmental law

Bettye Ann Blatman: All phases of Real Estate law

Adam J. Costa: Municipal law; Land use and planning law

Lynnea Thody: Municipal law; Land use and planning law

Arielle Cecala: Real Estate and Estate Planning

Mark Bobrowski

Mark Bobrowski, a founding partner, is an attorney with over 20 years of experience in land use

and related municipal matters, is the author of “The Handbook of Massachusetts Land Use and

Planning Law” (1993 & supplemented annually). He is a professor of Administrative Law, Land

Use, Local Government and Property at New England School of Law in Boston. Mark has

represented dozens of municipalities and others with land use concerns, and has written

extensively on issues affecting municipal government. As a member of the New England School

of Law faculty since 1986, he has worked with many communities across the region on

community growth control, economic development and resource protection. Mark was a member

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of the Massachusetts task force examining affordable housing law.

Education:

• B.A., Ithaca College (Ithaca, New York)

• M.A., University of Oregon (Eugene, Oregon)

• J.D., New England School of Law (Boston, Massachusetts)

Selected Publications:

• Handbook of Massachusetts Land Use and Planning Law, 2nd Edition, Aspen Law &

Business (2002). Supplemented annually.

• “Affordable Housing v. Open Space: A Proposal for Reconciliation,” 30 Boston College

Env. Affairs L. Rev. ___ (2003).

• “Reform of the Zoning Act: An Open Letter to the Legislature,” 33 Suffolk U. L. Rev. 19

(2000).

• “The Zoning Act’s ‘Person Aggrieved’ Standard: From Barvenik to Marashlian,” 18 W.

New Eng. L. Rev. 385 (1996).

• “Local Protection of the Scenic Landscape,” 22 B.C. Envt’l. Aff. L. Rev. 697 (1995).

This article was included in Boardman's Handbook of Planning and Zoning Law (1996),

an annual compilation of noteworthy articles.

• Handbook of Massachusetts Land Use and Planning Law, Little, Brown & Co. (1993).

Supplemented 1994-2000.

• “Planners and Lawyers: Toward a Division of Labor,” Urban Lawyer (Summer 1990).

Reprinted as “Planners and Lawyers: Toward a Division of Labor,” Zoning & Planning

L. Rev. (1991) and “Planners and Lawyers: Toward a Division of Labor,” Boardman's

Handbook of Planning and Zoning Law (1991 & 2000 Supplement).

Lisa L. Mead

Lisa L. Mead, a founding partner, is an attorney and former City Solicitor for the City of

Somerville, is also a former three-term Mayor of the City of Newburyport and a former two-term

City Councilor for the City of Newburyport. Lisa also served as State Director for Senator John

Kerry’s Massachusetts operations. Earlier, she worked in a private practice specializing in real

estate, banking, securities and corporate law, and as Assistant General Counsel for the

Massachusetts Department of Public Welfare. Having served as both the chief elected officer for

a municipality and City Solicitor for a major urban city, Lisa is broadly qualified to assist

municipalities as they address a variety of local legal issues, including: procurements, finances,

licensing, zoning, affordable housing development, permitting, public construction, renewable

energy, litigation, state and federal relations and public construction.

Education

• B.A., University of Massachusetts (Amherst, Massachusetts)


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Selected Publications and Presentations:

• Local Investment Accounts Ensure Funding, “American City and County Magazine”

(March 2002). Co-authored with Stephen Lisauskas.

• A New Look at the Old 40B, A Municipal Perspective, Suffolk University’s Moakley

Institute, September 2008.

• Keeping Current with chapter 40B, Citizens Housing & Planning Institute and

Department of Housing and Community Development, October, 2008 • Developing a Green Legal Thumb Emerging Practice Issues; Green Real Estate, How to

Handle Zoning and Permitting, October 2009.

• Massachusetts Mangers Association, Annual Boot-Camp; Strategies for Building

Relationships among the Board of Selectmen, Town Manager and Town Counsel,

October 2009 and 2010. • Boston Bar Association, Local Permitting and the Wind Siting Reform Act, December

2011.

Jason R. Talerman

Jason R. Talerman, Of Counsel, has more than a decade of experience in the area of municipal

law. Prior to joining the firm, Jay was a partner at Kopelman & Paige, where he provided Town

Counsel services to nearly a third of the cities and towns in the Commonwealth. Jay has wide

experience in a variety of municipal practice areas and has specific expertise in the areas of

environmental law, land use and affordable housing. He has a strong litigation background and

has practiced before the Housing Appeals Committee, Appellate Tax Board, Department of

Environmental Protection, District Court, Land Court, Superior Court and Appeals Court.

Additionally, Jay has experience litigating in administrative agencies and the federal courts,

including the Environmental Appeals Board, U.S. District Court, First Circuit Court of Appeals

and Bankruptcy Court. Jay is a resident of the Town of Norfolk, where he has served as a

member on a variety of local boards and committees, including the Conservation Commission,

Community Preservation Committee, Bylaw Review Committee, Council on Aging and Master

Plan Committee.

Education:

• B.A., University of Massachusetts (Amherst, Massachusetts)

• J.D., Boston College Law School (Newton, Massachusetts)

• Trinity College, Oxford University (Oxford, England)

Selected Presentations & Publications:

• Speech: “Affordable Housing in Massachusetts,” Annual Conference of the American

Planners’ Association (2006).

• Speech: “Chapter 40B Update,” CLE International Land Use Forum (2005-06).

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• Speech: “Ask the Experts,” Affordable Housing Seminar (co-sponsored by DHCD,

MassHousing, CHAPA & MHP) (2004-06).

• Speech: “Housing Everyone in the Commonwealth,” Harvard University Kennedy

School of Government (2003).

• “Life After 40B,” Architecture Boston Magazine (May/June 2003).

• “Planned Production Implementation,” MMA Annual Conference (2009).

• Community Preservation Act – Presentations to SE and Western Mass Moderators

Associations.

• Featured Panelist – 2012 REBA Annual Conference

Bettye Ann Blatman

Bettye Ann Blatman, a founding partner, has more than ten years experience in Real Estate Law.

She has substantial experience in all forms of sophisticated real estate matters. She assists the

firm’s clients in reviewing all forms of restrictions, easements, deeds and other related

documents.

Education:

• B.A., Brown University (Providence Rhode Island)

• M.A., Columbia University (New York, New York)

• J.D., Boston College Law School (Newton, Massachusetts)

Adam J. Costa

Associate

Adam J. Costa is an associate with more than six years experience in our Concord and

Newburyport offices. A graduate of Wake Forest University School of Law, Adam was active in

appellate advocacy and was a recipient of the N.C. Academy of Trial Lawyers Award for his

outstanding achievements in trial advocacy. As a junior associate with a North Carolina law firm,

he helped young municipalities draft zoning ordinances, plan for future growth and manage other

land use matters. Adam’s practice includes both land use and municipal law. He is admitted to

the bar in Massachusetts and New Hampshire.

Education:

• B.A., University of New Hampshire (Durham, New Hampshire)

• J.D., Wake Forest University School of Law (Winston-Salem, North Carolina)

Lynnea Thody

Associate

Lynnea Thody joined the firm in 2008 after serving as clerk to the Chief Justice of the

Massachusetts Land Court. Lynnea also interned with the Municipal Law Unit of the Office of

the Massachusetts Attorney General. She assists in our Millis and Newburyport offices. A

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graduate of New England School of Law, Lynnea was a member of the prestigious New England

Law Review. Lynnea’s practice includes both land use and municipal law.

Education:

• B.A., Quinnipiac College (Hamden Connecticut)


Presentations & Publications:

• Co-Author, Zuckerman v. Town of Hadley: The New Substantive Due Process Challenge

to Regulating Municipal Growth in Massachusetts, in MUNICIPAL LAW CONFERENCE

2007 at 551 (2007).

• Co-Author, THE MASSACHUSETTS STATE CONSTITUTION (Oxford University Press, 2011).

Arielle Cecala

Associate

Arielle Cecala joined the firm in 2010 with a background sophisticated estate planning

and in real estate transactions. She graduated summa cum laud from the University of New

Hampshire and received her law degree from the New England School of Law. During her

studies, Arielle served as a legal intern and research assistant at the Massachusetts Department of

Environmental Protection. She currently assists with all phases of real estate law, estate planning

and Community Preservation Act matters.

Education:

• B.A., University of New Hampshire (Durham, New Hampshire)


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FIRM PROJECTS

General Municipal Law

Ashland, Massachusetts (2008-present): The Firm serves as Town Counsel, representing the

Town in all phases of municipal law.

Bellingham, Massachusetts (2008-present): The Firm serves as Town Counsel, representing the


Berkley, Massachusetts (2011-present): The Firm serves as Town Counsel, representing the


Chatham, Massachusetts (beginning November 1, 2012): The Firm will serve as Town Counsel,

representing the Town in all phases of municipal law.

Deerfield, Massachusetts (2004-present): The Firm serves as Town Counsel, representing the


Douglas, Massachusetts (2011-present): The Firm serves as Town Counsel, representing the

Town in all matters of land use and zoning.

Easton, Massachusetts (2010-present): The Firm serves as Town Counsel, representing the Town

in all phases of municipal law.

Kingston, Massachusetts (2008-present): The Firm serves as Town Counsel, representing the


Marblehead, Massachusetts (2005-present): Attorney Mead represents the Town of Marblehead

on variety of general municipal matters.

Maynard, Massachusetts (2010-present): The Firm serves as Town Counsel, representing the


Millis, Massachusetts (2001-2006): Attorney Talerman served as primary municipal law contact

for Town. Responsible for coordination of all legal representation. Representation at Town

Meeting.

Millville, Massachusetts (2001-2006): Attorney Talerman served as primary municipal law

contact for Town. Responsible for coordination of all legal representation. Representation at

Town Meeting.

Norton, Massachusetts (2004-2006): Attorney Talerman served as primary municipal law contact

for Town. Responsible for coordination of all legal representation. Representation at Town

Meeting.

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Rehoboth, Massachusetts (appointed July 2012): The Firm serves as Town Counsel, representing

the Town in all phases of municipal law.

Scituate, Massachusetts (2004-present): Attorney Talerman represents the Town of Scituate on a

variety of general municipal matters, ranging from tax issues to sewer construction.

Somerville, Massachusetts (2002-2004): Attorney Mead served as City Solicitor, in charge of all

legal affairs for city.

Southbridge, Massachusetts (2009-present): The Firm serves as Town Counsel, representing the


Templeton, Massachusetts (2011-2012): The Firm served as Town Counsel, representing the


Wareham, Massachusetts (2011-present). The Firm serves as Town Counsel, representing the


Town Meetings: In addition to the foregoing, attorney Talerman has served as Town Counsel at

Town Meetings in the following Towns: Blandford, Chelmsford, Edgartown, Oak Bluffs,

Tisbury, and Westport.

Drafting Municipal By-Laws & Ordinances

In addition to the drafting of by-laws for the Towns for which the firm serves as Town

Counsel, the firm has drafted bylaws and ordinances for the following municipalities:

Acton, Massachusetts (1995): Prepared outline of impact fee by-law for town in conjunction with

Strategic Planning Grant from EOCD.

Agawam, Massachusetts (1999): Completely recodified zoning ordinance.

Alford, Massachusetts (2001-02): Completely recodified zoning by-law. Adopted 2002.

Andover, Massachusetts (2000-01): Completely recodified zoning ordinance. Adopted 2001.

Ashland, MA (2008): Preparing recodified zoning by-law. Adopted 2008.

Becket, MA (2006-2007): Completely recodified zoning by-law. Adopted 2007.

Bellingham, Massachusetts (1985): Prepared water resource district overlay district for

groundwater protection and municipal by-law for hazardous substance storage. Adopted 1986.

Bernardston, Massachusetts (1985-88): Prepared complete revision of zoning by-laws and

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subdivision regulations, including cluster provisions, growth control devices and resource

protection overlays. Enacted 1987 (zoning) and 1988 (subdivision).

Boxborough, Massachusetts (1991): Prepared complete recodification of zoning by-law.

Adopted 1991.

Brookline, Massachusetts (2001-02): Served as consultant to prepare zoning revisions. Enacted

2002.

Burlington, MA (2008): Prepared recodified zoning by-law. Adopted 2009.

Canton, MA (2010): Recodified zoning by-law. Adopted 2010.

Carlisle, Massachusetts (1997): Prepared residential cluster by-law and subdivision regulations.

Carver, Massachusetts (1997-98): Prepared complete recodification of zoning by-law, including

amendments to subdivision regulations under the auspices of a Municipal Incentive Grant.

Enacted 1998.

Carver-Plymouth-Wareham Task Force (2000-01): Represented three towns in negotiations with

A.D. Makepeace Co. for by-law to develop 9,000 acres.

Center for Rural Massachusetts, University of Massachusetts (1987-90): Prepared model zoning

by-laws and model subdivision regulations for dissemination to Massachusetts towns.

Chelmsford, Massachusetts (1998): Prepared complete recodification of the zoning by-laws

under a Municipal Incentive Grant. Adopted 1998.

Chelsea, Massachusetts (2000-02): Completely recodified zoning ordinance. Adopted 2004

Clinton, Massachusetts (2000-01): Completely recodified zoning by-law. Adopted 2001.

Dartmouth, Massachusetts (1999-2004): Completely recodified zoning by-law and all general

by-laws.

Dedham, Massachusetts (2003-05): Recodified zoning by-law. Adopted 2004. Review of Senior

Campus By-law amendment for intergenerational campus. Adopted 2004.

Deerfield, Massachusetts (1985-99): Prepared revisions to zoning by-laws for water resource

protection, agricultural preservation, village center development, commercial district and growth

control in two (2) separate Strategic Planning Grants from the Massachusetts EOCD. Prepared

complete revision of subdivision regulations. Recodified zoning by-law. Enacted 1998.

Dighton, Massachusetts (2000): Completely recodified zoning by-law. Enacted May 2000.

Prepared new subdivision regulations for Planning Board. Enacted 2000.

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Douglas, Massachusetts (2002-03): Recodified zoning by-laws. Adopted 2004.

Dracut, Massachusetts (2002-04): Prepared zoning amendments to promote affordable housing.

Easton, MA (2007-2008): Prepared zoning amendments for two Chapter 40R smart growth

districts.

Edgartown, Massachusetts (1988-94): Prepared revisions to Town’s B-II Commercial District to

promote maximum design review available under law. Enacted 1989. Prepared recodified zoning

by-law.

Egremont, Massachusetts (2003): Recodified zoning by-laws.

Fitchburg, Massachusetts (2000-01): Completely recodified zoning ordinance. Adopted 2001.

Foxborough, MA (2009): Prepared recodified zoning by-law. Adopted 2009.

Framingham, Massachusetts (1996-2000): Prepared revisions to the Town’s special permit, site

plan review and parking by-laws, and revised subdivision regulations. Enacted 1996.

Franklin, Massachusetts (1995-99): Part of the interdisciplinary team that drafted comprehensive

impact fee ordinance for fastest growing city in the Commonwealth. Prepared growth

management by-laws and moratorium. Special town counsel for zoning matters.

Gardner, Massachusetts (2005): Completely recodified zoning ordinance with Taintor &

Associates. Adopted 2006.

Gloucester, Massachusetts (2002-03): Prepared nonzoning and zoning ordinances for West

Gloucester sewer expansion project. Adopted 2003.

Great Barrington, MA (2009-10). Prepared recodified zoning by-law. Adopted 2010.

Groton, Massachusetts (1990-2006): Served as counsel to the Planning Board to prepare zoning

amendments resulting from Master Plan update. Adopted 1991. Serve as Planning Board

consultant on zoning amendments.

Groveland, Massachusetts (2006-present): Recodifying zoning ordinance.

Hanson, Massachusetts (1988): Prepared site plan review, commercial and industrial special

permit provisions and resource overlay districts under Strategic Planning Grant from EOCD.

Enacted 1990.

Harvard, Massachusetts (1994-97): Prepared draft by-laws for the (Fort) Devens Regional

Enterprise Zone, for enactment by the Massachusetts Land Bank, the Devens Commission and

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the three underlying towns of Harvard, Ayer and Shirley. Reviewed proposed Devens

performance standards for joint Boards of Selectmen of Harvard, Shirley and Ayer. Reviewed

Harvard’s by-law provisions for exempt uses and proposed changes.

Haverhill, Massachusetts (2001-05): Revised inclusionary zoning ordinance and developed deed

restrictions for affordable housing. Prepared Downtown District and River Corridor District.

Hingham, MA (2007-2008): Prepared zoning amendments for Chapter 40R smart growth

district.

Holbrook, Massachusetts (2004): Advised Planning Board with regard to Rail Transit Overlay

District proposed for Town Meeting action. Enacted 2004.

Holyoke, Massachusetts (1999-2001): Completely recodified zoning ordinance and subdivision

regulations. Adopted 2001.

Ipswich, Massachusetts (1999-2002): Conducted partial recodification of zoning by-law. Enacted

2000. Drafted Great Neck zoning changes.

Lakeville, Massachusetts (2004): Oversaw creation of a local affordable housing plan.

Lee, Massachusetts (2005): Completely recodified zoning by-law.

Lenox, MA (2007-2008): Prepared recodified zoning by-law. Adopted 2008.

Leverett, Massachusetts (1985-99): Prepared complete revision of subdivision regulations and

complete revision of zoning by-laws including site plan review, driveway standards, aesthetic

resource protection and flexible development. Enacted 1988 (subdivision) and 1991 (zoning).

Lexington, MA (2009): Prepare Site Plan Review Regulations for the Planning Board. Adopted

2009.

Lincoln, Massachusetts (1995-2005): Prepared changes to Town’s zoning by-laws for exempt

educational and religious uses and wireless communications facilities, and drafted general by-

law for highway access permits. Enacted 1995. Drafted inclusionary zoning by-law.

Lowell, Massachusetts (2002-03): Prepared revisions to the City’s zoning ordinance. Adopted

2003.

Mansfield, Massachusetts (1993-2002): Prepared zoning revisions under the auspices of a

Strategic Planning Grant to address concerns in the Great Woods Study Area. Prepared

recodified by-law. Adopted 2003.

Marion, Massachusetts (1996-2003): Prepared revisions to the zoning by-law’s business and

commercial, residential development and growth management provisions. Prepared revisions to

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the subdivision regulations. Trained Planning Board on all aspects of special permits, variances

and subdivision control.

Mattapoisett, Massachusetts (2004): Drafted several related zoning by-laws creating economic

development overlay district. Enacted 2004.

Medfield, Massachusetts (1997-98): Prepared complete recodification of the zoning by-law and

subdivision regulations.

Mendon, Massachusetts (1996-97): Prepared zoning changes in accordance with the Town’s

growth management plans. Recodified zoning by-laws.

Methuen, Massachusetts (1997): Prepared recommendations to guide the City’s growth

management policies and reviewed zoning ordinance under the auspices of a Municipal Incentive

Grant.

Metropolitan Area Planning Council (MAPC) (2000): Prepared model cluster zoning by-law for

dissemination to one hundred towns.

Middleborough, MA (2010): Currently preparing recodified zoning by-laws.

Middleton, MA (2007-2008): Prepared recodified zoning by-law. Enacted 2008.

Millis, Massachusetts (2001-06): Redrafted several provisions of Town’s zoning by-laws,

including senior residential overlay district, conditional density overlay district and economic

development overlay district.

Millville, Massachusetts (2001-06): Drafted stormwater management general by-law, wetlands

protection by-law and regulations and several updates to existing subdivision regulations and

zoning by-laws.

Monson, Massachusetts (2002): Prepared zoning changes in conjunction with Master Plan by

Daylor Engineering.

Newbury and Newburyport, Massachusetts (2000-01): Prepared zoning amendments for Plum

Island to limit growth during water/sewer expansion. Adopted 2001.

New Bedford, Massachusetts (1999): Completely recodified zoning ordinance. Adopted 2004.

North Reading, Massachusetts (1985-89): Prepared aquifer protection overlay district, site plan

review, congregate elderly housing, accessory apartment and commercial growth by-laws.

Enacted 1987 and 1988.

Northbridge, Massachusetts (1995): Strategic Planning Grant to prepare residential, commercial,

industrial and water resource protection amendments to the zoning by-law.

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Norton, Massachusetts (2001-06): Oversaw numerous revisions to general by-laws and zoning

by-laws, including inclusionary zoning by-law.

Norwell, Massachusetts (1999-2001): Prepared Village Housing District to implement Modern

Continental’s 45-unit senior housing cluster project. Enacted 1999. Revised subdivision

regulations. Adopted 2001.

Norwood, MA (2009): Prepared recodified zoning by-law. Adopted 2009.

Oak Bluffs, MA (2002-2004): Complete revision of the town's zoning by-laws. Adopted 2004.

Orange, Massachusetts (1985): Prepared a complete revision of the Town’s zoning by-laws.

Enacted 1985

Otis, MA (2006-2000): Complete revision of the town's zoning by-laws. In progress.

Pawcatuck Valley, Rhode Island (1999): Under auspices of a state grant, designed model

ordinances for Rhode Island communities to promote resource protection, economic

development and residential alternatives.

Peabody, Massachusetts (2003): Prepared substantial revisions to zoning ordinance. Enacted

2004.

Pembroke, Massachusetts (2004): Drafted incentive and inclusionary zoning by-laws for the

promotion of affordable housing development.

Pepperell, Massachusetts (2000-01): Completely recodified zoning by-law. Adopted 2001.

Petersham, Massachusetts (2004-05): Completely recodified zoning by-law.

Pittsfield, Massachusetts (2005): Completely recodified zoning ordinance. Reviewed adult

business amendments.

Quincy, Massachusetts (2001-05): Completely recodified zoning ordinance. Ready for adoption.

Raynham, Massachusetts (1999-2000): Prepared zoning changes in conjunction with Master Plan

by Koff & Associates.

Revere, Massachusetts (1995-96): Strategic Planning Grant to prepare revisions to the City’s

general business, neighborhood business and industrial districts. Adopted 1996.

Salem, Massachusetts (2000-03): Completely recodified zoning ordinance. Adopted 2009.

Prepared waterfront overlay district.

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Sandwich, Massachusetts (1996): Municipal Incentive Grant to promote economic development

in Town’s industrial district by revising local regulations.

Scituate, Massachusetts (2002): Recodified subdivision regulations. Adopted 2002.

Sheffield, Massachusetts (2005): Completely recodified zoning by-law.

Somerville, Massachusetts (2002-03): Prepared ordinance to replace Assembly Square IPOD.

South Kingstown, Rhode Island (1997-99): Prepared subdivision and zoning regulations to

promote open space residential development and affordable housing.

Southwick, Massachusetts (1996): Reviewed proposed growth management by-law and drafted

revised version.

Sterling, Massachusetts (1998): Completely recodified zoning by-laws and subdivision

regulations. Enacted 1999.

Sudbury, Massachusetts (1999-2001): Completely recodified zoning by-laws. Adopted 2001.

Swampscott, Massachusetts (1999): Completely recodified zoning by-laws. Enacted 2000.

Swansea, Massachusetts (2002-03): Prepared zoning changes in conjunction with Master Plan by

Koff & Associates. Recodification of zoning by-law (in progress).

Templeton, Massachusetts (1996-2002): Municipal Incentive Grant to train the Planning Board

in all aspects of the Subdivision Control Law, draft new regulations and prepare modules for

dissemination to other towns. Prepared partial recodification of zoning by-law. Enacted 2002.

Tewksbury, Massachusetts (1999-2001): Completely recodified zoning by-law. Enacted 2002.

Prepared Shopping Center District for 1.2-million-square-foot mall. Adopted 2004.

Tisbury, Massachusetts (2001-06): Assisted in the creation of a variety of local by-laws and

regulations supporting the creation of affordable housing.

Upton, MA (2006): Completely recodified zoning by-law. Enacted 2007.

Uxbridge, MA (2008): Preparing recodified zoning by-law and changes for Chapter 43D.

Watertown, Massachusetts (2003-06): Assisted planning staff in comprehensive revision to

zoning by-laws.

Wayland, Massachusetts (1987-2005): Prepared Incentive Zoning By-Law to promote

inclusionary housing in major residential projects. Enacted in part 1989. Prepared site plan

review regulations for Planning Board (1994), and reviewed new subdivision regulations (1996).

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Prepared wireless communications and interim planning overlay districts and mixed use

residential by-laws to implement Paine Estate project. Prepared Town Center District and

recodified zoning by-laws.

Webster, Massachusetts (1991-2001): Assisted in zoning recodification by regional planning

agency. Special town counsel for Planning Board and Board of Appeals.

Wenham, MA (2007-2008): Prepared recodified zoning by-law. Adopted 2009.

West Bridgewater, Massachusetts (2001): Prepared Master Plan with Koff & Associates.

Westford, Massachusetts (1995-2004): Reviewed growth management by-law instituting

building permit cap and subdivision phasing. Prepared revisions to aquifer protection,

townhouse, hazardous materials, mill conversion, assisted living and site plan review by-laws.

Special town counsel for planning board and water department. Prepared recodified zoning by-

law. Adopted 2001. Prepared performance standards for major development projects. Adopted

2004.

Westport, Massachusetts (2004): Drafted inclusionary zoning by-law and related regulations.

Enacted 2004.

Westwood, Massachusetts (2002-04): Completely recodified zoning by-law. Adopted 2004.

Whately, Massachusetts (1988): Provided legal review for complete revision of zoning by-laws

under a Strategic Planning Grant from EOCD. Enacted 1988.

Winchester, Massachusetts (2005-present): Recodifing the entire zoning by-law, along with the

Planning Board Rules and Regulations. Winchester, MA(2006-2008): Completely recodified

zoning by-law. Adopted 2009. Drafted several overlay districts for various projects.

Worcester, MA (2007-2008): Prepared Chapter 43D zoning amendments.

Legal Assistance to Local Boards

The members of the firm have served as City Solicitor, Town Counsel and Special Town

Counsel to land use boards to: (1) assist in the review of permit applications, subdivision plan

submittals, Notices of Intent and Title V applications; (2) prepare written decisions under the

direction of the board; and (3) represent towns, if necessary, in appeals before the courts.

The members of the firm have successfully handled the following matters on behalf of

governmental clients:

• City Solicitor/Town Counsel/Special Town Counsel for Land Use Issues, including

subdivision matters and appeals of special permit, variance and other administrative

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decisions, in the following municipalities:

o Acushnet

o Amesbury

o Ashland

o Aquinnah

o Bellingham

o Belmont

o Berkley

o Bernardston

o Blackstone

o Canton

o Chelsea

o Chilmark

o Clinton

o Dartmouth

o Dedham

o Deerfield

o Dighton

o Easton

o Edgartown

o Framingham

o Franklin

o Freetown

o Gardner

o Grafton

o Great Barrington

o Hadley

o Haverhill

o Holliston

o Holyoke

o Ipswich

o Kingston

o Lancaster

o Mansfield

o Marblehead

o Mendon

o Methuen

o Millis

o Millville

o Natick

o Newburyport

o Norfolk

o Norton

o Oak Bluffs

o Provincetown

o Rochester

o Spencer

o Sterling

o Stoughton

o Taunton

o Tewksbury

o Tisbury

o West Boylston

o Westford

o Westport

o West Tisbury

o Wayland

o Wenham

o West Tisbury

o Winchester

• Defense of the Town of Ipswich in Federal District Court under Section 1983 of the

Civil Rights Act.

• Defense of the Town of Freetown in a First Amendment challenge regarding adult

entertainment establishment.

• Defense of the Town of Plymouth in an appeal of a DEP Wastewater Discharge

Permit.

• Appeals of EPA NPDES permits on behalf of the Towns of Grafton, Winchendon and

Scituate.

• Negotiations with the MBTA and the Commonwealth of Massachusetts regarding

mitigation package for Greenbush Commuter Rail Line on behalf of the Town of

Scituate.

• Defense of the Town of Tisbury in a regulatory takings claim regarding waterfront

property.

• Representation of Conservation Commissions regarding filings and/or enforcement

under the Wetlands Protection Act and local wetlands by-laws, and representation of

Boards of Health in Title V matters, in the following municipalities:

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o Acushnet

o Amesbury

o Bellingham

o Carver

o Chelmsford

o Edgartown

o Freetown

o Holbrook

o Kingston

o Mattapoisett

o Mendon

o Millis

o Millville

o Norton

o Provincetown

o Scituate

o Tisbury

o Upton

o Westport

• Comprehe

nsive

permit

review

(G.L. Ch.

40B) with

a team of

interdiscipl

inary

profession

als

including

civil

engineers,

traffic

engineers,

wetlands

specialists,

landscape

architect

and others,

as

required,

as legal

counsel to

the Board

of Appeals

or as a

consultant

under the

Massachus

etts

Housing

Partnershi

p Fund

Program,

in the

following

municipali

ties:

o Amesbury

o Ashland

o Bellingham

o Billerica

o Blackstone

o Boxborough

o Boxford

o Brewster

o Brookline

o Canton

o Charlton

o Chelmsford

o Cohasset

o Danvers

o Dartmouth

o Deerfield

o Douglas

o Dracut

o Freetown

o Georgetown

o Great Barrington

o Groton

o Groveland

o Hanover

o Harvard

o Haverhill

o Holliston

o Hopedale

o Ipswich

o Kingston

o Lakeville

o Lancaster

o Mansfield

o Marblehead

o Marion

o Marshfield

o Mashpee

o Medford

o Melrose

o Mendon

o Merrimac

o Methuen

o Millis

o Natick

o Newburyport

o Norfolk

o North Attleboro

o Norwell

o Oak Bluffs

o Palmer

o Pembroke

o Petersham

o Provincetown

o Revere

o Rockland

o Rochester

o Sandwich

o Scituate

o Sterling

o Stoneham

o Sturbridge

o Sunderland

o Swansea

o Taunton

o Templeton

o Tewksbury

o Tisbury

17

o Tyngsborough

o Upton

o West Boylston

o Westford

o Westport

o West

Newbury

o West Tisbury

o Wilbraham

o Winchester

o Woburn

• Smart growth overlay district review (G.L. Ch. 40R) with a team of

interdisciplinary professionals including civil engineers, traffic engineers,

wetlands specialists and others, as required, as legal counsel, in the following

municipalities:

18

o Dartmouth

o Gardner

o Haverhill

o Kingston

o Medfield

o Northampton

o North Andover

o Pittsfield

o Sterling

o The firm has represented both municipalities and private clients in all aspects of

the preparation of Chapter 40R Smart Growth Districts to promote “smart

growth”:

o Dartmouth, MA (2006): Lincoln Park Smart Growth Overlay District. Enacted

2006. Represented Town. District expanded 2009.

o Easton, MA (2008): Queset Smart Growth Overlay District. Enacted 2008.

Represented Town.

o Grafton, MA (2006): Fisherville Smart Growth Overlay District. Enacted 2006.

Represented Fisherville Redevelopment Corp.

o Haverhill, MA (2006): Downtown Smart Growth Overlay District. Enacted 2006.

Represented City.

o Lunenburg, MA (2006): Tri-Town Smart Growth District. Enacted 2006.

Represented Mass. Housing Opportunities Corp.

o Northampton, MA (2007): Sustainable Growth District. In progress. Represented

MassDevelopment.

o Norwood, MA (2006): St. George Avenue Smart Growth Overlay District.

Enacted 2006. Represented Karsten Company of Weymouth.

o Pittsfield, MA (2008): Downtown Smart Growth Overlay District. Enacted 2008.

Represented City.

• Assistance with the adoption and implementation of the “Expedited Permitting

Program” (G.L. Ch. 43D) for commercial, industrial and/or mixed-use development

of Priority Development Site(s), as designated by the following municipalities:

o Deerfield

o Boylston

o Ashland

o Clinton

19

o Douglas

o Greenfield

o Uxbridge

o Worcester

• Special Counsel to Essex County in the County Charter dispute.

• Special Counsel to Grafton Affordable Housing Trust to develop operation and

procedures manual and advise on the creation of affordable housing within the

Town.

• Representation of the Carver-Plymouth-Wareham Task Force in negotiations with

A.D. Makepeace Company for the development of 9,000 acres in the three (3)

towns.

Legal Counsel to Housing Authorities

The members of the firm have served as general legal counsel to four (4) housing

authorities, covering all aspects of day-to-day operations along with special projects.

They include:

• Concord Housing Authority (1997-2003): Obtained comprehensive permits for

dwelling units.

• Dukes County Regional Housing Authority (1985-95): Prepared format for

successful Resident Homesite Program in which Martha's Vineyard towns

provided low-income families with discount building lots. Prepared grant

applications to EOCD and HUD. Prepared Memoranda of Agreement with five

(5) island towns under Strategic Planning Grant from EOCD. Legal counsel for

comprehensive permit projects in two (2) island towns.

• Wayland Housing Authority (1987-96): Prepared accessory apartment by-law

with incentives for agreement with Authority to rent to low-income families.

Provided day-to-day legal counsel in all matters of Authority business, from

evictions to government contracts. Coordinated successful comprehensive permit

applications.

• Newburyport Housing Authority (2005-present): Provide general counsel to the

Housing Authority on all matters.

Representation of Private Clients

The firm has represented responsible development clients and abutters in a host of

communities, including these examples:

20

Massachusetts Housing Opportunities Corp.: Development of 204 unit Chapter

40R smart growth apartment complex in Lunenburg, MA.

A.W. Perry, Inc.: Development of several residential subdivisions on the South

Shore.

In addition, the firm has served as legal counsel to the following land use consulting,

planning, or legal firms:

Taintor & Associates, Newburyport, MA

LandUse, Inc., Hadley, MA

Mullin Associates, Inc., Pelham, MA

Van Orman & Associates, Easton, MA

Koff & Associates, Brookline, MA

Herr & Associates, Newton Corner, MA

Island Planning & Management, Edgartown, MA

Mills, Teague & Patten, Boston, MA

Applied Economic Research, Inc., Laconia, NH

Dodson Associates, Ashfield, MA

Edwards & Angell, Boston, MA

Haydu & Lind, Wellesley, MA

Daylor Consulting Group, Braintree, MA

Cecil Group

Specific questions regarding the services provided by the firm, or requests for references,

should be directed to the address above.

21

REFERENCES

The firm’s current municipal clients, and the nature and length of the service(s) provided

to them, include:±

Municipality Contact Telephone Length of

Service

TOWN COUNSEL SERVICES

Ashland Mark Purple, Interim Town

Manager (508) 881-0100

2008 –

present

Bellingham Denis Fraine, Town

Administrator (508) 657-2801

2008 –

present

Berkley Paul Modlowski, Executive

Secretary (508) 824-6794

2011 -

present

Chatham Jill Goldsmith, Town

Manager (508) 945-3550

Beginning

November 1,

2012

Deerfield Bernard Kubiak, Town

Administrator (413) 665-4645 21 years

Douglas Michael Guzinski, Town

Administrator (508) 476-4000 2011-present

Easton David Colton, Town


Kingston Nancy Howlett, Acting Town

Administrator (781) 585-0500

2008 –

present

Marblehead* Jeffrey Chelgren, Town


Maynard Michael Sullivan (978) 897-1301 2010-present

Rehoboth Jeffrey Ritter (508) 252-3758 July 2012-

present

Southbridge* Christopher Clark, Town

Manager (508) 764-5405

2009-present

Wareham Mark Andrews, Town


SPECIAL MUNICIPAL COUNSEL FOR LAND USE MATTERS

Berkley Steven Leary, Planning Board

Chair (508) 496-8329 21 years

Dartmouth Town Manager (508) 910-1816 10 years

Dighton Ken Araujo, Planning Board

Chair (508) 669-6636 21 years

Gardner Robert Hubbard, Director of

Community Dev’t (978) 630-4011 2 years

22

Haverhill William Pilsbury, Director of


Holliston Donna Donovan, Planning

Board Administrator (508) 429-0635 3 years

Lancaster Noreen Piazza, Director of


Marblehead Anthony Sasso, Town

Administrator (781) 631-0000 2004 - present

Medfield Norma Cronin, Planning Board


Merrimac Ashod Amirian, Town Counsel (978) 372-8531 4 years

North Andover Curt Bellavance, Director of


North Attleboro Don Johnson, Town Planner (508) 699-0107 2 years

Oak Bluffs Michael Dutton, Town


Scituate Patricia Vinchesi, Town


Sterling Tim Bragen, Town


Tewksbury Steve Sadwick, Town Planner (978) 640-4370,

Ext. 238 10 years

West Tisbury Julie Keefe, Zoning Board


Winchester Mel Kleckner, Town Manager (781) 721-7133 3 years

SPECIAL TOWN COUNSEL ON G.L. CH. 40B, 40R AND/OR 43D MATTERS

Brookline Jennifer Dopazo, Town

Counsel (617) 730-2190 5 years

Canton Paul Carroll, Zoning Board

Chair (781) 575-6589 10 years

Chelmsford Paul Cohen, Town Manager (978) 250-5201 8 years

Cohasset Woody Chittick, Zoning Board

Chair (781) 383-4100 5 years

Douglas Mike Guzinski, Town


Franklin Jeff Nutting, Town


Groton Stuart Schulman, Board of

Selectmen (978) 302-0589 7 years

Ipswich Robert Gambale, Zoning

Board Chair

(978) 356-6605,

Ext. 5 3 years

Mansfield Town Manager (508) 261-7345 5 years

23

Mashpee Joyce Mason, Town Manager (508) 539-1400,

Ext. 510 3 years

Natick Patrick Reffett, Director of


Pittsfield Deanna Ruffer, Dir. of


Sandwich Bud Dunham, Town Manager (508) 888-5144 5 years

Sunderland Margaret Nartowicz, Town

Admin. (413) 665-1441 5 years

Taunton Steven Torres, City Solicitor (508) 821-1036 7 years

Tyngsborough Rosemary Cashman, Town

Administrator

(978) 649-2300,

Ext. 100 8 years

Upton Town Manager (508) 529-6901 5 years

Uxbridge Town Manager (508) 278-8600 1 year

Worcester

Joel Fontane, Director of

Planning & Regulatory

Services

(508) 799-1400 1 year

*While not named Town Counsel, the Firm provides the full spectrum of town counsel

services, including representation at Town Meeting.

±This list includes only municipal counsel positions. In addition, Blatman, Bobrowski &

Mead, LLC, currently provides assistance with bylaw and ordinance drafting,

recodification and review to municipalities throughout the Commonwealth. For a

complete list of the firm’s municipal clients, see the description of the firm and summary

of its projects, above.

B LATMAN , BOBROWSK I & MEAD , L L C A t t o r n e y s A t L a w

30 Green Street • Newburyport, Massachusetts 01950

Phone (978) 463 7700 Fax (978) 463 7747

October 16, 2012

TOWN COUNSEL RFP

Duxbury Board of Selectmen c/o Richard R. MacDonald, Town Manager 878 Tremont Street Duxbury, MA 02332 Re: Request for Proposals for Town Counsel Services Dear Members of the Board of Selectmen: On behalf of Blatman, Bobrowski & Mead, LLC (“BBM”), I am pleased to submit this Proposal for Town Counsel Services. BBM presently serves as Town Counsel for the Towns of Ashland, Bellingham, Berkley, Deerfield, Douglas, Easton, Kingston, Maynard, Rehoboth, Southbridge and, as of November 1, 2012, Chatham. In addition, the Firm provides substantial general legal counsel services to the Towns of Marblehead. We also represent dozens of other local boards and commissions across the Commonwealth on a wide variety of matters relating to land use, planning and environmental law. I am confident that the members of my Firm and I possess the skill and expertise to provide the requested legal services to the Town of Duxbury. Included for your information and review are: a response to the questions posed in your RFP, an Alternative Fee Proposal and a comprehensive document that includes a description of the Firm, attorney resumes, a description of the Firm’s municipal projects and a list of references. The enclosed materials offer a thorough overview of the Firm’s make-up and the qualifications and experience of its attorneys. As is noted in these materials, our attorneys have extensive experience and unique qualifications. I am the lead attorney in BBM’s delivery of Town Counsel services in Ashland, Deerfield, Marblehead, Maynard and Southbridge. I have extensive experience serving municipal clients and, additionally, am a former three-term Mayor for the City of Newburyport. One of my partners, Attorney Jason Talerman has provided Town Counsel services to nearly a third of the municipalities in Massachusetts and has experience in nearly every facet of municipal law. Attorney Talerman is BBM’s lead counsel in Easton, Bellingham, Douglas, Kingston and Rehoboth. Another of my partners, Mark Bobrowski, is the author of “The Handbook of Massachusetts Land Use and Planning Law.” He has worked with communities across the State on community growth control, economic development and resource protection. Attorney Adam Costa, a senior associate of the Firm, is experienced in both general municipal and land use law. Attorney Lynnea Thody, another of the Firm’s associates, is a

2

former clerk to the Chief Judge of the Massachusetts Land Court and has wide experience in municipal matters. In addition to these attorneys, Bettye Ann Blatman, a partner in the firm and Arielle Cecala, an associate with the firm, provide sophisticated real estate services to our municipal clients.

Blatman, Bobrowski & Mead is an accessible, responsive law firm, which prides itself on its relationships with municipalities and their officials. Among the benefits of working with a small firm is direct access to its partners, associates and attorneys-of-counsel. At all times, at least one (1) of the Firm’s attorneys will be available to the Town of Duxbury, either in person, by telephone or via e-mail. The Firm will provide periodic reports on ongoing matters as necessary, and will answer inquiries from boards, departments and/or officials in an expeditious manner. The Firm will promptly respond to requests for legal opinions, will inquire as to the required timing of the request and will provide a written response by the deadline provided. The Firm also offers monthly office hours as well as free seminars. Given Duxbury’s needs, we propose that I serve as the Town’s primary contact. Attorney Talerman will serve as a secondary contact and will work closely with the Town on any litigation matters. This would ensure that you have at least one lead attorney available at all times on all phases of municipal law. Additionally, Attorney Bobrowski and Attorney Talerman will combine to advise the Town on land use matters. We would delegate responsibilities to others as necessary. All of the Firm’s attorneys would regularly assist in providing the desired services as may be necessary. Upon reasonable notice, a member of the Firm will be able to meet with local officials, attend board meetings or make other necessary appearances. In the attached fee proposal, you will note that, as an alternative to hourly billing, we offer two different alternative flat fee billing arrangements. These arrangements can allow for expansive and nearly unlimited access to Town Counsel. More importantly, the flat fee arrangements would provide an incentive to include Town Counsel in decision-making prior to the advent of disputes that could result in litigation. Furthermore, if litigation is unavoidable, our flat fee proposals can allow the Town to defend its interests without significant concern for excessive legal costs. We employ a variety of flat fee arrangements in the Towns of Kingston, Bellingham, Douglas, Maynard and Rehoboth with excellent results. I encourage you to contact the Administrators in these Towns to inquire further. Of course, we would be amenable to considering other billing arrangements as well. Should the Town wish to employ a conventional hourly rate, the firm’s services are billed at a rate of $175.00 per hour, regardless of whether the work is performed by a partner, associate or attorney-of-counsel. No additional charges are assessed for services provided by the Firm’s paralegals, staff and other personnel. Nor would the Town of Duxbury be charged for the Firm’s internal costs, such as clerical assistance, telephone services, utilities, routine copying costs or standard mailing fees. Filing fees, the cost of bulk copying, extraordinary mailing fees, and direct costs associated with litigation such as deposition costs, however, are billed on a direct-cost basis. While we are pleased to offer services on a broad range of legal matters, please note that we do not presently handle labor matters. However, we have partnered for this application with Collins, Loughran & Peloquin, P.C. and submit their proposal herewith. Collins, Loughran & Peloquin, P.C. is a leading labor law firm and we are confident that they would be an asset to the Town.

3

I would be pleased to meet with you to discuss my Firm’s proposal, as would the other members of the Firm. Please do not hesitate to call or email me if you have any questions or require any additional information that would be beneficial to your review of our proposal. Thank you for your interest in our Firm. Very truly yours,

Lisa

Lisa L. Mead

Enclosures

FEE PROPOSAL TOWN COUNSEL SERVICES

Proposal No. 1 – Flat Fee

1. The Firm proposes a flat monthly fee of $9000.00, which shall include

substantially all legal work performed by the Firm’s partners, associates and/or attorneys-of-counsel and related services performed by the Firm’s support staff. For the Town’s convenience, all services provided by the Firm will be itemized. The Firm does not provide legal services on labor-related matters.

2. The flat fee includes all representation and legal opinions for general and land

use matters as well as preparation for and attendance at Annual and/or Special Town Meetings, as necessary, and one board hearing or meeting per month. Attendance at additional meetings per month will be billed at the Firm’s hourly rate of $175.00 per hour.

3. The flat fee includes defense and prosecution of all customary land-use

litigation relating to zoning, planning, board of health and conservation, as well as enforcement of zoning and general by-laws. All other litigation will be billed at the Firm’s hourly rate of $175.00 per hour.

4. The flat fee includes all services relating to review of municipal contracts and

procurement issues.

5. The flat fee includes representation of the Town on all significant licensing matters handled by the Board of Selectmen, including liquor licensing.

6. The flat fee does not cover general tax-title matters or routine hearings before

the Appellate Tax Board that can be handled without counsel but does cover all ATB hearings on substantial matters that require the assistance of counsel. Nor does the flat fee include routine tax-title matters and negotiation of cable services agreements, as such specialized items are generally handled by outside special counsel.

7. The flat fee does not include matters for which fees are required to be paid by

permit applicants under G.L. Ch. 44, § 53G. For such matters, the Firm will bill at the rate of $175.00 per hour.

8. The Firm does not charge for work performed by paralegals and support staff. 9. The flat fee also includes monthly office hours at Town Hall as well as two

training seminars per year.

10. The Firm’s internal costs, such as telephone services, utilities and clerical assistance, are not the Town’s responsibility. Nor are standard mailing fees or routine copying costs charged to the Town. Filing fees, the cost of bulk copying and extraordinary mailing fees (e.g. certified mailings, overnight mailings), recording costs, and costs for other similar items, however, will be billed on a direct basis. Expert consultant fees, title examinations and costs for stenographic transcripts shall also be the Town’s responsibility.

11. For matters subject to hourly billing, the Firm bills in increments of one-tenth

(1/10) of an hour. Substantive telephone calls and conferences and receipt, review and drafting of correspondence and e-mail are billed at a minimum rate of two-tenths (2/10) of an hour. It is the Firm’s practice NOT to charge for insubstantial telephone conversations or insubstantial email exchanges with the Town’s officials.

Proposal No. 2 – Partial flat fee

1. The Firm proposes a flat monthly fee of $6,000.00, which shall include

substantially all non-litigation legal services performed by the Firm’s partners, associates and/or attorneys-of-counsel and related services performed by the Firm’s support staff. For the Town’s convenience, all services provided by the Firm will be itemized. The Firm does not provide legal services on labor-related matters.

2. The flat fee includes all representation and legal opinions for general and land

use matters as well as attendance at Annual and/or Special Town Meetings, as necessary, and one board hearing or other meeting per month. Attendance at additional meetings per month will be billed at the Firm’s hourly rate of $175.00 per hour.

3. The flat fee includes all services relating to review of municipal contracts and

procurement issues.

4. The flat fee includes representation of the Town on all significant licensing matters handled by the Board of Selectmen, including liquor licensing.

5. The flat fee does not include defense and prosecution of litigation. All

litigation will be billed at the Firm’s hourly rate of $175.00 per hour.

6. The flat fee does not include routine tax-title matters and negotiation of cable services agreements, as such specialized items are generally handled by outside special counsel.

7. The flat fee also does not include matters for which fees are required to be

paid by permit applicants under G.L. Ch. 44, § 53G. For such matters, the Firm will bill at the rate of $175.00 per hour.

8. The Firm does not charge for work performed by paralegals and support staff. 9. The flat fee also includes monthly office hours at Town Hall as well as two

training seminars per year.

10. The Firm’s internal costs, such as telephone services, utilities and clerical assistance, are not the Town’s responsibility. Nor are standard mailing fees or routine copying costs charged to the Town. Filing fees, the cost of bulk copying and extraordinary mailing fees (e.g. certified mailings, overnight mailings), recording costs, and costs for other similar items, however, will be billed on a direct basis. Expert consultant fees, title examinations and costs for stenographic transcripts shall also be the Town’s responsibility.

11. For matters subject to hourly billing, the Firm bills in increments of one-tenth

(1/10) of an hour. Substantive telephone calls and conferences and receipt, review and drafting of correspondence and e-mail are billed at a minimum rate of two-tenths (2/10) of an hour. It is the Firm’s practice NOT to charge for insubstantial telephone conversations or insubstantial email exchanges with the Town’s officials.

Proposal No. 3 – Hourly rate

1. The Firm proposes an hourly rate of $175.00 per hour, which shall include

substantially all legal work performed by the Firm’s partners, associates and/or attorneys-of-counsel and related services performed by the Firm’s support staff. For the Town’s convenience, all services provided by the Firm will be itemized. The Firm does not provide legal services on labor-related matters.

2. Where applicable, legal fees to be paid by permit applicants under G.L. Ch.

44, § 53G will be billed separately.

3. The Firm does not charge for work performed by paralegals and support staff. 4. The Firm will provide two training seminars per year at no charge to the

municipality.

5. The Firm’s internal costs, such as telephone services, utilities and clerical assistance, are not the municipality’s responsibility. Nor are standard mailing fees or routine copying costs charged to the Town. Filing fees, the cost of bulk copying and extraordinary mailing fees (e.g. certified mailings, overnight mailings), recording costs, and costs for other similar items, however, will be billed on a direct basis. Expert consultant fees, title examinations and costs for stenographic transcripts shall also be the Town’s responsibility.

6. For matters subject to hourly billing, the Firm bills in increments of one-tenth (1/10) of an hour. Substantive telephone calls and conferences and receipt, review and drafting of correspondence and e-mail are billed at a minimum rate of two-tenths (2/10) of an hour. It is the Firm’s practice NOT to charge for insubstantial telephone conversations or insubstantial email exchanges with the Town’s officials.

7. Travel time is billable to the Town provided that the Firm will apply a one

hour credit for any visits to the Town Hall.

RESPONSE TO REQUEST FOR PROPOSALS FOR DUXBURY TOWN

COUNSEL

FEES AND EXPENSES RESPONSE SHEET

1. Please list the name and hourly rate for proposed Town and/or Labor Counsel and for each attorney intended or likely to serve as back-up: Should a flat fee be utilized, there would be no hourly rate for most services. Should an hourly rate be utilized, all attorneys will charge the same fee ($175.00/Hour). In an hourly rate scenario, travel time to the Town will be measured from the Firm’s closest office. 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: We do not bill for staff or paralegal services. 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 & travel charges and the like, but excluding any fees for stenographers, court fees, service fees and the like): We do not charge for telephone, mileage, faxing, routine copying and routine postal expenses. We do charge for external large scale copying and large scale postage, as well as court fees, stenographic fees, expert witness fees and the like. 4. In what hourly increments do you intend to bill? We bill in increments of one tenth of an hour but do not charge for ministerial services or simple “yes or no” questions. Most billable charges contain a minimum charge of two tenths of an hour. 5. Do you bill out attorney time out of the office on a portal-to-portal basis or some other basis? Please describe. If a flat fee arrangement is not utilized (under which there is no billing for most travel), we bill on a portal to portal basis, provided that we bill from the Firm’s closest office for travel to the Town. 6. Do you intend to propose an alternative fee arrangement? Yes_X__ No____ If “yes”, please attach additional sheet(s) fully describing and explaining your proposal. Yes, see attached flat fee proposal.

Attachment A

Municipal Law Experience Checklist

Rate your experience in the following areas of municipal law using the scale below

1 = No experience

2 = Limited experience

3 = Moderate level experience

4 = Advanced experience

5 = Extensive experience

_5_ Zoning G.L. c. 40A

_5_ Chapter 40B affordable Housing

_5_ Chapter Lands G.L. c. 61, 61A, 61B (and rights of first refusal)

_4_ Education G.L. c. 70, 71, 71, 74, 76

_5_ Community Preservation Act G.L. c. 44B

_5_ Municipal Finance

_5_ Liquor Licensing

_5_ Conduct of Open Town Meeting

_5_ Subdivision Control Law

_5_ Public Bidding and Construction Law

_4_ Internal Investigations within Municipality

_5_ Land Acquisitions by Municipality

_5_ Open Meeting Law

_5_ Conflict of Interest Law

_5_ Wetlands Regulation (State and Local)

_5_ Oil & Hazardous Waste Contamination G.L. c. 21E

CERTIFICATION

By my signature, I certify that the information contained in this Response to Request for

Proposals is complete and accurate, to the best of my knowledge and belief.

Signed: ________________________________ Date: ___________________

RESPONSE TO REQUEST FOR PROPOSALS FOR DUXBURY TOWN COUNSEL

Name: Lisa L. Mead BBO#: 550901

Firm Name: Blatman, Bobrowski & Mead LLC

Address: 30 Green Street, Newburyport, MA 01950

Telephone: 978-463-7700

Fax No.: 978-463-7747

Email: [email protected]

Please respond to each of the following, using separate pages as necessary:

1. Please identify by name (and BBO#, address and phone number if different than

above) the proposed Town Counsel and each proposed back-up counsel:

Primary contact: Lisa L. Mead

See above

Secondary contact: Jason R. Talerman

730 Main Street

Millis, MA 02054

BBO# 567927

(508) 376-8400

[email protected]

Please see the attached Description of the Firm for a comprehensive list of all of

the attorneys within BBM and their respective areas of practice.

2. Please attach resumes or curriculum vitae for each attorney identified above.

Please see the attached Description of the Firm for resume of all attorneys within

the firm, including their respective areas of practice.

3. Do each of the attorneys identified above meet the minimum bar admission

requirements of the RFP? If other than “yes”, please explain.

Yes. All attorneys within the Firm meet or exceed the minimum bar admission

requirements.

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 reputation.

Please see the attached Description of the Firm for a comprehensive list of the

municipalities represented by BBM and corresponding reference contact

information.

5. Please describe each identified attorney’s experience in municipal law.

Please see the attached Description of the Firm.

6. Please describe how you propose to satisfy the Accessibility requirements of the

RFP.

The firm has a longstanding commitment to responsiveness. The firm’s primary

and secondary contacts will ensure that all calls and emails are met with an

immediate response. Our expertise in municipal matters allows for swift

responses to requests for opinions and other legal advice. We also provide access

via cell-phone and email when we are out of the office.

7. Please describe how you propose to satisfy the Back-up requirements of the RFP.

Attorney Mead will act as the Town’s primary contact with the Firm and Attorney

Talerman will serve as the secondary contact. In the event either the primary or

secondary contacts will be unavailable for a period of time, the Firm will arrange

for one of the other attorneys with the Firm to serve as contact in his or her

absence.

8. What factors might prevent you from attending every session of Annual and

Special Town Meetings and an occasional Board of Selectmen’s Meeting on

Monday evenings?

A Partner in the Firm will attend all Annual and Special Town Meetings. With

proper coordination and scheduling of all Town Meetings, the Firm does not

anticipate any factors which will prevent such attendance. Upon sufficient notice,

an attorney of the Firm will be in attendance at a requested Board of Selectmen

Meeting. Under our flat fee proposal, three meetings per moth are included.

9. Would you be available to review and approve as to form and content all contracts

to which the Town is a party?

The Firm regularly reviews municipal contracts as to form and content. In

addition, the Firm can provide comprehensive contract forms in an effort to

streamline the procurement process.

10. How would you conduct or oversee all 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?

The Firm regularly represents its municipal clients before the various courts and

administrative agencies of the Commonwealth and the Federal First Circuit. The

Firm will conduct and oversee all litigation and administrative proceedings where

the Town is a named or interested party. We will also monitor litigation matters

that are being handled by insurance counsel. Firm policy requires that at least two

(2) of it attorneys be involved and informed of each piece of litigation to ensure

proper representation and coverage at all scheduled events.

11. How would you be able to provide training to employees and Boards,

Commissions and Committees in such topics as Open Meeting Law, Public

Records Law, and requirements for calling Executive Sessions for example?

The Firm regularly provides its clients with updates on changes to laws impacting

municipal, land use and other areas of municipal practice. The Firm also provides

private seminars on an as needed or regularly scheduled basis in an effort to keep

municipal employees and/or officials apprised of legal changes and to answer

ongoing questions. We also provide regular updates, in various forms on all

pending matters. Our flat fee proposal includes seminars for town officials and

employees.

12. Please identify any past or current clients that may give occasion to a conflict of

interest to arise as a result of representing the Town of Duxbury.

The Firm is unaware of any past or current clients which could cause a conflict of

interest to arise in the Firm’s representation of the Town.

Attachment B

Statement of Litigation Experience

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

5 = Extensive experience

_5_ Trials before State Courts (District, Superior, Land Court)

_4_ Trials before Federal District Courts

_5_ Appeals before Massachusetts Appeals Court

_5_ Appeals before Massachusetts Supreme Judicial Court

_2_ Administrative Proceedings before Massachusetts Civil Service Commission

_5_ Arbitration Proceedings

_5_ Mediation Proceedings

_5_ Administrative Proceedings before Massachusetts Appellate Tax Board

_5_ Administrative Proceedings before Massachusetts Department of Environmental

Protection

_5_ Administrative Proceedings before the ABCC

_5_ Administrative Proceedings before the Housing Appeals Committee

_5_ Administrative Proceedings before the Division of Administrative Law Appeals

Blatman Bobrowski Mead Proposal

Documents

Transcript of Blatman Bobrowski Mead Proposal