Since its controversial passage in 2016, Virginia’s Proffer Reform Law has continued to stir debate. Despite the rift between homebuilders and local governments over the law, efforts are underway to find common ground.
Initially, opponents of the law sought either outright repeal or additional exemptions to make the law inapplicable to certain parts of the Commonwealth. However, recent efforts have instead focused on reforming the Proffer Reform law.
This published article, co-authored by VF&N Attorneys Michael R. Vanderpool and Karen L. Cohen, highlights some of the key concerns voiced by both opponents and supporters of the law, and evaluates what types of legislative changes may be appropriate in light of common law and constitutional limitations.
In response to recent tech industry expansions and the resulting attraction of technology subcontractors and suppliers to the area, Vanderpool, Frostick, and Nishanian, P.C. (VF&N) announces the formation of its Technology Subcontractors and Suppliers Legal Team to support the needs of this industry.
With stringent work requirements such as clean room construction, specialized semiconductor materials and ultrapure water suppliers, tech and manufacturing subcontractors and suppliers are highly specialized vendors. When relocating or preparing to do business in Northern Virginia, technology subcontractors and suppliers need local legal counsel to help navigate the regulatory landscape in the area.
“Being located just miles from microchip fabrication plants, aerostructures companies, and other high-tech businesses, VF&N saw a need for a legal team to provide services tailored to the tech industry’s subcontractors and suppliers,” said Randolph Frostick, Esq. President of Vanderpool, Frostick and Nishanian P.C. “What sets VF&N attorneys apart is their knowledge of local and state laws, and their experience in responding to the challenges that subcontractors face, whether they are currently located in or relocating to our region.”
About Vanderpool, Frostick & Nishanian, P.C.
Vanderpool, Frostick and Nishanian, P.C has been serving the business community in Northern Virginia and surrounding areas for over thirty years and is keenly focused on providing innovative solutions for our client’s legal needs. VF&N provides solutions from lawyers you trust.
Vanderpool, Frostick, & Nishanian, P.C. together with Prince William SHRM, Inc. are pleased to invite you to attend the 7th Annual Employment Law & HR Summit. XPLORE HR: Navigating the Road Ahead
October 12, 2018 ~ 8 a.m. to 5 p.m.
Foxchase Manor, 8310 Chatsworth Drive, Manassas, VA 20109
Being informed about changes in the law on managing and paying employees is critical to your business. We encourage business owners, C-level executives, human resource and administrative personnel, managers/supervisors and in-house counsel who may benefit from education or updates on employment law issues to attend. The programing is approved for 6 HRCI (3 General/3 Business) & 6 SHRM PD Hours and is designed to be engaging and useful. A continental breakfast and lunch will be provided.
Kris Spitler, Esq. will cover hot topics in employment law focusing on recent significant court decisions, new laws and regulations, and other legal trends that your business needs to know now. She will also be participating in a presentation, along with Mindy E. Weinstein, Esq, the Acting Director EEOC Washington Field Office, where she will discuss successfully addressing sexual discrimination risks in today’s changing cultural landscape, and reducing the potential liability for your business.
We are also pleased to announce that Christopher D. Silva, Assistant District Director, U.S. Department of Labor/Wage & Hour Division, will speak on FLSA exemptions, wage deductions, independent contractor classifications, overtime requirements, and minimum wage issues.
For additional information on the other topics, speakers, and online registration CLICK HERE
VF&N’s attorneys Martin Crim, Neal Knudsen, and Kris Spitler, in conjunction with the Prince William County Bar Association and the amazing social services teams of Manassas City and Manassas Park, joined together to celebrate the achievements of local youth who have come in contact with the Prince William County juvenile justice system. These young adults have achieved academic and social progress in spite of tremendous odds against them. Congratulation to all the scholarship and award winners at this year’s Beat the Odds ® Program.
“The name of the program says it all. Most of the young people involved with the juvenile justice system enter life, and go through childhood, with few of the advantages that most of us take for granted. I greatly admire the demonstrated determination of the recipients, despite the odds. I disagreed with one young lady’s remarks. She thanked the people who ‘made her a success.’ She may have had help along the way, but she deserves all the credit for her own success.” Neal T. Knudsen, Esq. Vanderpool, Frostick & Nishanian, PC
Vanderpool, Frostick and Nishanian, P.C. may be synonymous with doing business but what you may not know is that we also have a bustling social services team. Our team serves the Departments of Social Services for the cities of Manassas and Manassas Park and the counties of Spotsylvania, Warren, and Fauquier, and Culpeper.
Join our very own Kristina Keech Spitler, Esq. and special guest, Mindy Weinstein, Acting Director of the EEOC Washington Field Office for a lively presentation for CEOs, CFOs, Presidents, Officers and other leaders in your business on: “Combating Sexual Harassment: Corporate Leadership Strategies”
Ms. Spitler and Ms. Weinstein will identify sexual discrimination risks in today’s changing cultural landscape and why being a good leader of your Company includes correctly identifying and addressing sexual harassment and discrimination in your workplace. Eight specific strategies will be provided to leaders for combating sexual discrimination and reducing the risk for your business. Open and lively discussion, questions and sharing your experiences and challenges are encouraged. The Acting Director of the EEOC Washington Field Office, Mindy Weinstein, an experienced employment attorney, Kristina Keech Spitler will address best practices. Light breakfast included. No cost, registration required.
When: May 15, 2018 8:30-10:30 a.m.
Where: Westfields Center
Greens 1 Building
15049 Conference Center Drive, Chantilly, Virginia 20151
1st Floor Auditorium
We are proud to announce that Michael Vanderpool has been nominated by the Prince William Chamber of Commerce for the Charles J. Colgan Visionary Award. This award, named for Virginia’s longest-serving statesman, recognizes an individual who has demonstrated extraordinary leadership within their organization and the community at large. They are innovative, team players, and advocates for their community.
In addition to establishing Vanderpool, Frostick, & Nishanian, P.C., Michael has been a founding member and leader of several institutions including the Hylton Performing Arts Center, the Manassas Education Foundation, the Freedom Center, the 234 Bypass Forum and I-66 Partnership, the Manassas Business Council, and other key organizations in the community. He has also been a leader of established organizations such as the Manassas Rotary Club, the George Mason University Foundation Board of Trustees, the University of Mary Washington’s College of Business Advisory Board, Prince William Health Center, and others. In addition to bringing his values of community and excellence into each of his roles, Michael uses his legal expertise and leadership experience to help others continue his by volunteering as general counsel for non-profits and mentoring non-profit boards and CEOs. To learn more about Michael’s contributions to the community, visit our Attorneys page
Michael’s vision has been to elevate Prince William County as an economic and cultural center in Virginia, reaping the benefits of our proximity to DC while embracing the unique and historic value of our county. He has dedicated his career towards bettering the community for everyone, and we are very proud for him to be recognized by the Prince William Chamber of Commerce as a nominee for the Charles J. Colgan Visionary Award.
Local Governments Association appoints Vanderpool, Frostick, & Nishanian municipal attorney Olaun Simmons as LGA Outreach Committee Vice-Chair
We are proud to announce that VF&N municipal attorney Olaun Simmons has been appointed by the Local Governments Association (LGA) as Vice-Chair to its Outreach Committee. The LGA Outreach Committee is primarily responsible for planning and arranging the annual regional MCLE seminar which provides CLE and ethics credits to attorneys in an underrepresented region of Virginia. The Committee also promotes increased involvement from current LGA members, recruits new members, and oversees sponsorship collection and fundraising for semi-annual regional conferences. Olaun is also a member of the Board of Directors of the LGA, and as the Outreach Committee Vice-Chair, he will serve as the liaison between the committee and the board.
Olaun Simmons has been practicing law for over ten years, including municipal law, building code enforcement, zoning code enforcement, ordinance and charter revisions, land use, civil litigation and criminal prosecutions for cities and towns in the Commonwealth of Virginia. He’s worked with numerous clients to handle a variety of legal matters in the Commonwealth. His prior legal experience includes Town Attorney for Dumfries and Quantico, VA, Criminal Defense, and Municipal Law. Olaun Simmons was named “Trial Attorney of the Year” by Prince William County Circuit Court, and has been honored with numerous awards, such as the Lewis F. Powell, Jr. “Excellence In Trial” Award. Olaun’s experience as a municipal lawyer and litigator enable him to provide excellent legal representation and advocacy for our clients.
The conversion of the 18th century historic estate, Effingham Manor, into a winery caused a stir among residential neighbors who claimed that the winery breached the community’s 2004 development covenants and filed suit. The opposition came as a surprise to the winery owner, Chris Pearmund, thinking the winery would be an ideal fit for the bucolic community. He came to Manassas trial attorney Randolph D. Frostick (Randy) of Vanderpool, Frostick, & Nishanian, P.C. for legal representation in the case. On May 26, 2017, Prince William County Circuit Court Judge Steven Smith ruled in favor of our client, allowing Effingham Manor Winery to open for business in Fall 2017.
“Not only did Randy have compelling evidence in this case, but he also argued his point with finesse and detail in line with the law, which is what VF&N’s attorneys are known for. We are proud of his hard work, skill, and dedication to his client, and are thrilled by the outcome” says VF&N managing partner Michael Vanderpool.
A main point of contention in the case was a 2005 amendment to the development’s covenants that removed the manor house from the residential restrictions. This amendment was upheld in court despite arguments that it was invalid because it was not filed with a certification required by the Virginia Property Owners Association Act. Circuit Judge Steven Smith ruled that the legislation’s use of “may” over “shall” in regard to the amendment allowed an alternative method if authorized by a declaration.
Three key pieces of evidence bolstered the decision:
Zinone v. Lee’s Crossing Homeowners Ass’n held amendments following the terms of the declaration valid without regard for statutory procedure.
The General Assembly amended the POAA legislation this year to exempt declarations from the POAA’s procedural requirements for amendments, effective July 1, 2017.
The developer, Frank Smerbeck, testified that he had intended to keep the manor lot free of residential restrictions due to its historic value and commercial potential.
Homeowners also tried to block the winery’s road access, claiming that the increased traffic would overburden the easement. However, the judge backed the winery’s existing agreement to pay half of the road maintenance costs for the subdivision.
This case, along with the new legislative amendment, assures property owners’ associations and their lawyers that their declarative amendments are legally sound.
Randy Frostick has been providing civil trial and alternative dispute resolution solutions to clients throughout Virginia since 1983 in both state and federal courts and various arbitration and mediation panels. He represents a diverse range of clients, including businesses, municipalities, and individuals, in a wide range of cases. For over thirty years, Randy has provided his clients legal guidance to both avoid and resolve civil disputes without litigation, and when necessary, zealously advocated for their legal rights in court or arbitration. Learn more about Randy here.
VF&N assisted Habitat for Humanity in opening its new ReStore in Woodbridge, VA
At Vanderpool, Frostick, & Nishanian, P.C. community engagement is our priority. Our attorneys and staff are active in a variety of organizations, service groups, and nonprofits both personally and professionally. In this weekly blog series, Community Spotlight, we are highlighting these organizations and the value they provide to our community! This week, we’re featuring Habitat for Humanity of Prince William County for whom VF&N zoning and land use attorneys Karen Cohen and Paul Gauthier provided commercial leasing legal services for the organization’s new Woodbridge ReStore.
Habitat for Humanity Prince William President/CEO, Traci DeGroat said of Karen, “We are grateful for Karen Cohen’s legal expertise in the commercial leasing of the Woodbridge ReStore. It was such a joy to work with her. She is smart, articulate, responsive…her work impressed all of us. And because of her efforts, we are able to expand our services in the Prince William County community.”
About Habitat for Humanity
Habitat for Humanity is a global nonprofit housing organization that works with families in need of decent, affordable housing to build, renovate, repair, and finance homeownership in local communities and around the globe. The Prince William affiliate is a locally based, community-level Habitat for Humanity office that serves the Prince William County, Manassas, and Manassas Park area.
Habitat for Humanity believes in giving community members a hand up, not a hand out. Wages have not kept up with the cost of living, leaving many hard-working families struggling to afford decent housing. Partner families with the need for the organization’s services provide sweat equity – volunteer work in return for assistance – and can pay a low/no-interest mortgage or a portion of repair costs.
The ReStore receives building materials, appliances, furniture, tools, and more from donating corporations, construction companies, and individuals. They are then sold to the general public at 40-90% off retail prices, and the proceeds support the Habitat for Humanity’s housing initiatives. You can help support low-income families by shopping, donating or volunteering.