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HomeMy WebLinkAboutRESPONSE - RFP - 7441 HEARING OFFICER - LAND USE PLANNING11/7/12 Q:\USERS\OFFICE\RFP_RESPONSES\FORT COLLINS HO\COVER-L01.DOC HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. 1530 Sixteenth Street, Suite 200 Denver, Colorado 80202-1468 Telephone: (303) 825-6444 Facsimile: (303) 825-1269 Corey Y. Hoffmann Kendra L. Carberry Jefferson H. Parker Of Counsel Herbert C. Phillips J. Matthew Mire Fairplay Office 675 Main Street P.O. Box 1046 Fairplay, CO 80440 Telephone: (719) 836-9005 Facsimile: (719) 836-9010 Ryan S. Malarky Kelly L. Donlon Elizabeth R. Cross Charissa A. Johnston John E. Hayes (Retired) November 7, 2012 City of Fort Collins Purchasing Division 215 North Mason Street, 2 nd Floor Fort Collins, CO 80524 via email to purchasing@fcgov.com Re: Request for Proposal 7441, Hearing Officer – Land Use Planning To Whom It May Concern: Please accept this letter of interest and the accompanying materials as my response to the Request for Proposal 7441, Hearing Officer – Land Use Planning, to adjudicate hearings arising under the City of Fort Collins Land Use Code. By way of introduction, Hayes, Phillips, Hoffmann & Carberry, P.C. (formerly Hayes, Phillips & Maloney, P.C.) was formed in 1985 with the specific goal of providing legal services to Colorado local governments. We currently represent over 25 different local governments in Colorado in various capacities, from general counsel to special counsel to hearing officer. We have worked very hard to develop a reputation for quality, full-service representation at reasonable rates, and we believe we have succeeded in this regard. Our firm has for many years been listed in the Martindale-Hubbell Bar Register of Preeminent Lawyers in Municipal and Zoning Law, and the firm has maintained Martindale-Hubbell's highest rating, AV, since 1985. No member of this firm has ever been involved in any disciplinary proceeding. For your convenience, I have enclosed both my personal résumé and the firm's résumé. I have been admitted to practice law in Colorado since 1996. I do not regularly represent clients in Larimer County, though I do represent the North Front Range Metropolitan Planning Organization, of which both Larimer County and the City of Fort Collins are members. However, I do not perceive that representation as a conflict with the hearing officer services described in the RFP. November 7, 2012 Page 2 11/7/12 Q:\USERS\OFFICE\RFP_RESPONSES\FORT COLLINS HO\COVER-L01.DOC Though I maintain a busy law practice, I manage my workload well and am able to provide the services described in the RFP in a timely and efficient manner. I have been a tax hearing officer for the City and County of Denver and the City of Aurora for several years. I have been the hearing officer for the City of Golden Local Liquor Licensing Authority for over two years. In addition, I was recently appointed as a hearing officer for the City of Thornton, the City of Lakewood and the Denver International Airport. Each of these hearing officer positions requires me to hold public hearings and then issue written decisions in a timely manner. In addition to my experience as a hearing officer, I have 16 years of land use experience with local governments. This includes advising planning commissions, city councils and other boards related to various types of land use applications, including initial development applications, rezoning applications, special use permits and variance requests. I have also drafted numerous land use ordinances and litigated many cases brought under C.R.C.P. 106(a)(4) for review of land use decisions. All of my land use experience involves working with staff and consultants, as well as the public. As noted in the attached Bid Form, my rate is $195.00 per hour. I typically bill by the hour, rather than by the hearing, because the length and complexity of hearings varies so much. For a six-hour hearing, the cost would be approximately $1,200. It is unclear from the RFP whether you estimate 20 hearings per year, as stated in the narrative, or six hearings per year, as stated in the Bid Form. Estimating six hearings per year, the total cost would be approximately $7,000. Estimating 20 hearings per year, the total annual cost would be approximately $23,000. In addition, I bill for actual costs incurred, such as filing fees, copying and computerized legal research. I charge travel time at 50% of my regular rate. We send bills before the sixth day of each month, with payment being due before the last day of the month. Our bills detail the date of the work, a description of the work, the time (in tenths of an hour), and the total amount due. Finally, I encourage you to ask the following references about my reliability, character, integrity, reputation, judgment and efficiency: 1. Andrea DeLuca, Deputy City Clerk or Susan Brooks, City Clerk, City of Golden, adeluca@cityofgolden.net or sbrooks@cityofgolden.net, (303) 384-8014, 911 Tenth Street, Golden, CO 80401. I act as the sole hearing officer for the City of Golden Local Liquor Licensing Authority and Local Medical Marijuana Licensing Authority. I work with both Ms. DeLuca and Ms. Brooks in this capacity. 2. Charles Solomon, Denver City Attorney, Charles.solomon@denvergov.org, (720) 913-3286, 201 West Colfax Avenue, Department 1207, Denver, CO 80202. I act as a tax hearing officer for the City and County of Denver. November 7, 2012 Page 3 11/7/12 Q:\USERS\OFFICE\RFP_RESPONSES\FORT COLLINS HO\COVER-L01.DOC In summary, I am able to provide the services you require in a prompt, professional and economical manner. If you have any questions relating to this submission or need additional information, please do not hesitate to contact me. Thank you for the opportunity to submit this response to the RFP. Very truly yours, Kendra L. Carberry klcarberry@hphclaw.com (303) 951-2095 (direct) HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. 1530 Sixteenth Street, Suite 200 Denver, Colorado 80202-1468 Telephone: (303) 825-6444 Facsimile: (303) 825-1269 Corey Y. Hoffmann Kendra L. Carberry Jefferson H. Parker Of Counsel Herbert C. Phillips J. Matthew Mire Fairplay Office 675 Main Street P.O. Box 1046 Fairplay, CO 80440 Telephone: (719) 836-9005 Facsimile: (719) 836-9010 Ryan S. Malarky Kelly L. Donlon Elizabeth R. Cross Charissa A. Johnston John E. Hayes (Retired) RÉSUMÉ OF HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. Hayes, Phillips, Hoffmann & Carberry, P.C. (formerly Hayes, Phillips & Maloney, P.C.) is a law firm located in downtown Denver, Colorado. Specializing in local government law, land development law and litigation, the firm has the combined total of more than seventy years of experience among its attorneys, including particular expertise in the following areas: 1. Acting as general counsel to the following local governments: the Cities of Northglenn, Black Hawk, Cripple Creek and Manitou Springs; the Towns of Vail, Superior, Hudson, Foxfield, Elizabeth, Kiowa, Winter Park, Mountain View, Fairplay, Gilcrest, Buena Vista, Callhan and Alma; and the Counties of Park and Morgan. 2. Acting as general counsel to the following special districts: the Alameda Water & Sanitation District; the Superior Metropolitan District No. 1; the Superior Metropolitan Interchange District; the Parker Water & Sanitation District; the Health Services District of Northern Larimer County; and the North Lincoln Water & Sanitation District. 3. Acting as general counsel to the following other public entities: the Wheat Ridge Urban Renewal Authority; the Superior Urban Renewal Authority; the Northglenn Urban Renewal Authority; the Vail Reinvestment Authority; the Church Ditch Water Authority; the Table Mountain Animal Center d/b/a Foothills Animal Clinic; and the North Front Range Metropolitan Planning Organization. 4. Acting as special counsel to various public entities, including the Towns of Parker and Avon, the Cities of Fort Collins, Lakewood, Longmont, Golden, Englewood, Thornton and Aurora, El Paso County, Douglas County, the City and County of Denver, the Upper Black Squirrel Creek Groundwater Management District and the Denver Public Schools ProComp Trust. 5. Litigation of land use and annexation matters, including the well-known Margolis and Eggert cases, and representation of municipal clients in several land use, governmental immunity and eminent domain cases of first impression, including Grynberg v. City of Northglenn, Town of Parker v. Colorado Division of Parks, and Town of Parker v. Norton. 6. Defense of local governments, including law enforcement officials, against civil rights suits brought under 42 U.S.C. § 1983. 7. Employment law, including defense of wrongful discharge cases, collective bargaining, the Fair Labor Standards Act and other federal regulation, and development of policies, procedures, contracts and ordinances to help the public employer avoid liability. 8. Election law, including TABOR compliance and initiative, referendum and recall elections. 9. Construction contract drafting and construction claims litigation. 10. Negotiation and drafting of development agreements. 11. Drafting legislation, both state and local, and lobbying and testifying before legislative committees. 12. Municipal court prosecution. Among the publications authored by the firm's lawyers, the following include some of the articles most pertinent to local governments. H. Phillips, Colorado Handbook of Public Entity and Official Liability (published by Colorado Municipal League and Special District Association, June 1985). H. Phillips, Winning the Rezoning, The Colorado Lawyer (March 1982). K. Carberry, Redistricting – A Municipal Perspective, Colorado Municipalities (Vol. 88, No. 1, February 2012). K. Carberry, Redistricting: A Municipal Perspective, The Colorado Lawyer (Vol. 31, No. 2, February 2002). K. Carberry, D. Atencio and A. McGihon, Colorado Election Law Update (published by the National Business Institute, July 2001). In the area of continuing legal education, the firm's lawyers participate regularly in every Colorado Municipal League seminar on municipal law. Firm members have also received regional and national recognition for their expertise through several speaking invitations. The many addresses given by the firm's lawyers include the following: H. Phillips, Legal Ramifications of Leaking Underground Storage Tanks, 16th Annual Rocky Mountain Ground Water Conference (Cheyenne, Wyoming, October 1987). C. Hoffmann, The Municipal Clerk as Hearing Officer, Master Municipal Clerks Academy (September 2004). C. Hoffmann, Land Use Planning and Eminent Domain in Colorado, National Business Institute (July 2003). C. Hoffmann, Getting Successful Results in Eminent Domain Actions, National Business Institute (May 2002). C. Hoffmann, Special District 2002 Election Workshop, Colorado Department of Local Affairs (December 2001). C. Hoffmann, Land Use Planning and Eminent Domain in Colorado, National Business Institute (July 2003). C. Hoffmann, Special Issues in Eminent Domain, Colorado Municipal League 2003 Annual Seminar on Municipal Law (October 2003). K. Carberry, Rules of the Game – When a Municipal Clerk Acts in a Quasi-Judicial Capacity, Colorado Municipal Clerks' Association Annual Conference (Colorado Springs, CO, November 2010). K. Carberry, R. Gregory, B. Ortiz and V. Matheson, Wild Urbanism – Coyotes, Prairie Dogs and Chicken Coops, Colorado Municipal League Annual Conference (Breckenridge, CO, June, 2010). K. Carberry, S. Light and K. Aviles, Revenue Sharing Perks and Pitfalls – Yes it Can Work!, Colorado Municipal League Annual Conference (Vail, CO, June, 2009). K. Carberry and J. Parker, Residential Door-to-Door Solicitation, Colorado Municipal League Annual Seminar on Municipal Law (October 2007). K. Carberry and K. Harrington, Top Ten Reasons to Hate the Colorado Open Records Act and the Colorado Open Meetings Law, Colorado Municipal League 2005 Annual Conference (June 2005). K. Carberry, Special District 2002 Election Workshop, Colorado Department of Local Affairs (October and November 2001). K. Carberry, Legislative Redistricting at the State and Local Levels: Implications for Municipalities, Colorado Municipal League 2001 Annual Seminar on Municipal Law (October 2001). K. Carberry, Colorado Election Law Update, National Business Institute (July 2001). K. Carberry, E-mail and Public Records Issues, Colorado Municipal Clerks' Association Annual Luncheon (Black Hawk, CO, May 1999). HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. 1530 Sixteenth Street, Suite 200 Denver, Colorado 80202-1468 Telephone: (303) 825-6444 Facsimile: (303) 825-1269 Corey Y. Hoffmann Kendra L. Carberry Jefferson H. Parker Of Counsel Herbert C. Phillips J. Matthew Mire Fairplay Office 675 Main Street P.O. Box 1046 Fairplay, CO 80440 Telephone: (719) 836-9005 Facsimile: (719) 836-9010 Ryan S. Malarky Kelly L. Donlon Elizabeth R. Cross Charissa A. Johnston John E. Hayes (Retired) RÉSUMÉ OF KENDRA L. CARBERRY CURRENT POSITIONS: Town Attorney, Town of Superior (2005-present) Town Attorney, Town of Mountain View (2001-present) Town Attorney, Town of Winter Park (2011-present) City Attorney, City of Manitou Springs (2008-present) County Attorney, Morgan County (2011-present) Liquor Licensing Hearing Officer, City of Golden (2010-present) Tax Hearing Officer, City and County of Denver (2011-present) Tax Hearing Officer, City of Aurora (2011-present) Tax Hearing Officer, City of Thornton (2011-present) Hearing Officer, Denver International Airport (2012-present) Campaign Finance Hearing Officer, City of Lakewood (2012-present) General Counsel, Foothills Animal Shelter (2003-present) General Counsel, North Front Range Metropolitan Planning Organization (2004-present) General Counsel, Alameda Water & Sanitation District (2005-present) General Counsel, Superior Urban Renewal Authority (2005-present) General Counsel, Superior Metropolitan District No. 1 (2007-present) General Counsel, Superior/McCaslin Metropolitan Interchange District (2007-present) General Counsel, Vail Reinvestment Authority (2008-present) General Counsel, Health Services District of Northern Larimer County (2011-present) General Counsel, North Lincoln Water & Sanitation District (2011-present) Special Counsel, Town of Vail (2006-present) Special Counsel, Upper Black Squirrel Groundwater Management District (2011-present) Special Counsel, Denver Public Schools ProComp Trust (2011-present) 2 Special Counsel, City of Thornton (2012-present) PRIOR POSITIONS: City Attorney, City of Greenwood Village (2005-2010) City Attorney, City of Edgewater (2004-2008) City Attorney, City of Victor (2001-2007) Town Attorney, Town of Watkins (2004-2006) Assistant City Attorney, City of Greenwood Village (1997-2005) General Counsel, Edgewater Redevelopment Authority (2004-2008) General Counsel, ABCO Engineering Corporation (2004-2008) General Counsel, Hudson Fire Protection District (1999-2002) Special Counsel, City of Aurora (2010) Special Counsel, City of Longmont (2006-2010) Special Counsel, City of Golden (2005-2006) Special Counsel, El Paso County Clerk and Recorder (2002) Municipal Prosecutor, City of Victor (2001-2006) Municipal Prosecutor, Town of Mountain View (2001-2006) Municipal Prosecutor, City of Black Hawk (1999-2002) Municipal Prosecutor, City of Greenwood Village (1999-2002) Municipal Prosecutor, Town of Alma (1999-2003) Municipal Prosecutor, City of Sheridan (1996-1999) Law Clerk to the Honorable Michael C. Villano, Jefferson County District Court (1995-1996) Special Assistant County Attorney, Jefferson County Attorney's Office (1995) Law Clerk, Jefferson County Attorney's Office (1991-1995) PUBLICATIONS AND PRESENTATIONS: K. Carberry, Redistricting – A Municipal Perspective, Colorado Municipalities (Vol. 88, No. 1, February 2012). K. Carberry, Rules of the Game – When a Municipal Clerk Acts in a Quasi-Judicial Capacity, Colorado Municipal Clerks' Association Annual Conference (Colorado Springs, CO, November 2010). K. Carberry, R. Gregory, B. Ortiz and V. Matheson, Wild Urbanism – Coyotes, Prairie Dogs and Chicken Coops, Colorado Municipal League Annual Conference (Breckenridge, CO, June 2010). 3 K. Carberry, S. Light and K. Aviles, Revenue Sharing Perks and Pitfalls – Yes it Can Work!, Colorado Municipal League Annual Conference (Vail, CO, June 2009). K. Carberry and J. Parker, Residential Door-to-Door Solicitation, Colorado Municipal League Annual Seminar on Municipal Law (Glenwood Springs, CO, October 2007). K. Carberry and K. Harrington, Top Ten Reasons to Hate the Colorado Open Records Act and the Colorado Open Meetings Law, Colorado Municipal League Annual Conference (Vail, CO, June 2005). K. Carberry, D. Atencio and A. McGihon, Colorado Election Law Update (published by the National Business Institute, July 2001). K. Carberry, Special District 2002 Election Workshop, Colorado Department of Local Affairs (Parker, CO, October, 2001 and Arvada, CO, November 2001). K. Carberry, Redistricting – A Municipal Perspective, Colorado Municipal League Annual Seminar on Municipal Law (Steamboat Springs, CO, October 2001). K. Carberry, Redistricting: A Municipal Perspective, The Colorado Lawyer (Vol. 31, No. 2, February 2002). K. Carberry, E-mail and Public Records Issues, Colorado Municipal Clerks' Association Annual Luncheon (Black Hawk, CO, May 1999). PROFESSIONAL ASSOCIATIONS AND POSITIONS: Chair, Colorado Municipal League Attorneys' Section, 2012-2013. Vice-Chair, Colorado Municipal League Attorneys' Section, 2011-2012. Member, Denver and Colorado Bar Associations. Member, Bar of the United States Supreme Court. Member, Colorado Municipal League Interjurisdictional Election Committee. EDUCATION: J.D., University of Colorado School of Law, Boulder, CO, 1994 Bureau of National Affairs Award Dean's List Associate Editor, University of Colorado Law Review B.A., English Literature, University of Virginia, Charlottesville, VA, 1991 Intermediate Honors PERSONAL: Born Glen Ridge, New Jersey, January 20, 1969.