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2004-089I RESOLUTION NO. 2004-089 RESOLUTION APPOINTING CONSULTANT SERVICES FROM FREDERICK P. CLARK ASSOCIATES, INC. ON BEHALF OF THE TOWN OF WAPPINGER At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 91h day of February, 2004, at 7:30 p.m. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Council Members ABSENT: The following Resolution was introduced by M. McCarthy Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy V. Bettina and seconded by WHEREAS, the Town Board is desirous of the use of zoning and planning consultant services from Frederick P. Clark Associates, Inc. on behalf of the Town Board of the Town of Wappinger, the Planning Board of the Town of Wappinger and the Zoning Board of Appeals of the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. \\Vsrp03\Common\Wappinger\Town Board\RESOLUTION\FPClark2004.doc 2. The Town Supervisor, Joseph Ruggiero, is hereby authorized and directed to execute the letter agreement dated January 7, 2004, a copy of which is annexed hereto, with Frederick P. Clark Associates, Inc. with offices at 1350 Theodore Fremd Avenue, Rye, New York 10580, appointing same as Consultant to the Town of Wappinger and its various boards and departments for all land use, environmental, zoning and planning purposes as the Town of Wappinger and its various boards and departments may need for calendar year 2004. 3. The Schedule of Fees to be paid to Frederick P. Clark Associates, Inc. are set forth in the above -referenced letter dated January 7, 2004, a copy of which is annexed hereto. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting aye ROBERT L. VALDATI, Councilman Voting aye VINCENT F. BETTINA, Councilman Voting aye JOSEPH P. PAOLONI, Councilman Voting aye MAUREEN McCARTHY, Councilwoman Voting aye Dated: Wappingers Falls, New York February 9, 2004 The Resolution is hereby duly declared adopted. \\Vsrp03\Common\Wappinger\Town Board\RESOLUTION\FPClark2004.doc 4558 P.03/10 FREDERICK P. CLARK ASSOCIATES, INC. David H. Stolman, Alcp PP Planning/Development/EnvironmenVTransportation Michael A. Galante Rye, New York and Fairfield, Connecticut Joanne P. Meder, AIcP 350 Theodore Fremd Avenue Daniel K. Wery, A100 Rye, New York 10580 David J. Portman. FmcP (914) 967-6540 • FAX (914) 967-6615 January 7, 2004 RECEIVED Supervisor Joseph Ruggiero and JAN 0 9 2004 Philip J. DiNonno, Planning Board Chairman Wappinger Town Hall SUPERVISOR'S OFFICE 20 Middlebush Road TOWN OF WAPPINGER Wappingers Falls, New York 12590 Subject: PlannjBg Services Agreement for 2004 Dear Joe and Phil: We are pleased to submit this proposal for the provision of professional planning consulting services to the Town for 2004. Over the last few years we have actively involved additional FPCA staff in the normal project review process for the Planning Board. The additional familiarity with the Town's regulations, staff, issues and procedures help us to more efficiently and effectively respond to the Town's needs. Type of Services Which We Will Perform As you know, our planning services include attendance at Planning Board meetings and certain Town Board meetings; the review of applications for proposed developments including subdivisions, site plans, special permits, rezoning requests, etc.; site visits; the preparation of resolutions in connection with the review of development proposals; the preparation of studies and analyses with respect to the Town's land development controls; long-range planning services in connection with the Town comprehensive plan; and the rendering of advice to the Boards on other planning and zoning matters.' We are also available to prepare grant and other funding applications for the Town. ' In addition to the Town Comprehensive Plan, other planning and zoning projects which have been suggested include: consolidation of commercial districts, refinement of dimensional standards (including possible flexibility in lot size as part of planned commercial development), a Route 9 corridor and/or service road plan, design guidelines, update of the Subdivision Regulations, and implementation of a Geographic Connecticut Hudson Valley Long Island emaiiQtpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www_fpciark.com 914 297 4559 P.04i10 FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Supervisor Joseph Ruggiero and Philip J. DtNonno, Planning Board Chairman Page 2 January 7, 2004 Personnel With regard to our work for the Town, I am the Principal -in -Charge and will supervise the work performed by my staff. These services not only include the time of Daniel K. Wery, AMP, but also the services of other professionals on our staff (e.g., traffic engineers, environmentalists, and other planners), where appropriate. Where the services of other professionals on our staff are required, their time would billed in accordance with their respective hourly rates. Fees As you are aware, we use our standard rate schedule for work where a community is reimbursed by applicants for the cost of our services and, in recognition of our long- standing relationships with our client communities, we utilize a reduced municipal rate schedule for non-reimbursabic services. Typically, our rates are adjusted annually for inflation, as well as for the increased knowledge and experience of the applicable staff menibers. In appreciation of our long- term municipal clients, we attempt to keep all annual rate increases relatively small. Such is our proposal for 2004. We trust that you appreciate the increased value of our collective professional experience, continuous service and continuity with the Town's planning and zoning since 1993. Our familiarity with the numerous projects and issues over the years, and our knowledge of the Town's plans and regulations become more useful to the Town's board members, staff (and applicants) each successive year. Dan's municipal and standard hourly rates as 'Vice President for 2004 are $155 and $165, respectively. However, for the Town of Wappinger in 2004 we propose to discount Dan's municipal and standard hourly rates to $127 and $13 8. Information Systcm (GIS), among others. We are currently working on several of these and other special projects including a new Wetlands and WabcrWdy Protection Law, Design Guidelines, and legislation to promote Workforce and Senior Housing. 914 297 4558 P.05i10 FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Supervisor Joseph Ruggiero and Philip J. DNonno, Planning Board Chairman Page 3 January 7, 2004 My normal municipal and standard rates in 2004 in other client communities are $180 and $190 per hour, respectively. My proposed discounted rates in the Town during 2004 will be $152 and $162 per hour, respectively. The enclosed municipal and standard rate schedules for use in the Town of Wappingcr during 2004 show the above mentioned special discounts for the Town. With these discounted rates we are simply proposing an average rate adjustment equal to the most current annual Consumer Price Index increase for services in the NY -NJ -CT -PA region of 4.2 percent. Fee Considerations It is worth noting that the vast majority the of the costs associated with the provision of our planning services to the Town are reimbursed by the applicants who generate the need for such services. Like most years, virtually all of the costs involving applications before the Planning Board were reimbursed to the Town in 2003. This system has the advantage of being the most equitable method of paying for professional review costs. Each applicant pays for the costs associated with the review of his or her application. Those applicants that submit reasonable and well prepared plans and supporting information naturally pay lower review costs. The Town and the general public do not subsidize the costs of the development process for those who require more professional review. Even though the professional reviews associated with the applications before the Planning Board also include those of the Town Attorney and the Town Engineer, the review costs for each of the disciplines should not be expected to be equal. Given the full range of planning, zoning and environmental issues to be considered, as well as our drafting of the resolutions, it is appropriate and to be expected that the professional planning review costs arc considerably greater than those typically generated by the Town Engineer and Town Attorney. Similarly, engineering and legal costs are far greater than planning related expenses, if any, associated with other types of Town projects. WAPPINGER 914 297 455e P.06i10 FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Supervisor Joseph Ruggiero and Philip J. DiNonno, Planning Board Chairman Page 4 January 7, 2004 Efforts to Reduce Costs In 1993 and 1994, we did not bill the Town for any ordinary expenses in connection with our municipal (non -reimbursable) work As a result of a discussion with the Town in 1995, we agreed to not bill the Town for any ordinary expenses in connection with our work reviewing applications (reimbursable work) as well. Such expenses for which we no longer charge include mileage, mailing costs, subsistence, telecopier service, and the normal printing of our memos. We will once again continue this practice during 2004. As you are aware, another way in which we will continue to make an effort to reduce our costs to the Town and applicants is to utilize a memorandum format whereby we provide our information, analysis and recommendations in a concise way as compared to the longer written narratives which we formerly provided. The Planning Board still has the benefit of hearing longer explanations at the Planning Board meetings if so desired. Another of the methods we will continue to utilize to keep our costs down is that we make every, effort to group daytime site inspections in order to be as efficient as possible and to spread the travel time over a number of different applications. It is also important to realize that our hourly rates already have built into them the cost of secretarial and administrative time. That is, we do not bill, as some consultants do, for secretarial and administrative staff time; we only bill for professional staff time. Miscellaneous As has always been our policy, evening meetings are charged as one-half day of time (3-1/2 hours), unless the actual time spent at such a meeting is more than 3-1/2 hours, in which case the actual time is charged. However, travel time to and from evening meetings is not charged at all. It is understood that meetings will be scheduled at mutually convenient times, insofar as possible. Vacations will be scheduled with reasonable consideration to the Town's work program, and during vacation time, either another representative of the firm or I will be available for 914 297 4558 P.07/10 FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Supervisor Joseph Ruggiero and Philip J. Dr�lonno, Planning Board Chairman Page 5 January 7, 2004 consultation or attendance at meetings. Bills for our services will be submitted on a monthly basis. This proposal does not include any architectural, legal or engineering services, other than traffic engineering. It does not include participation in any court cases. Such arrangements, if desired, would be subject to separate agreements. However, the Town would agree to compensate us for any time and expense involved in connection with a subpoena issued to us for our attendance in court to testify in any matter relating to the Town's planning and zoning activities occurring during any period of our service to the Town. We sincerely value the relationship which we have established with the Town of Wappinger. Further, we bug that you will appreciate the need to increase our rates, and will also recognize our efforts to reduce our costs to the Town and its applicants. We look forward to the opportunity to continue to serve the Town's: consulting needs. Further, we desire that our work for the Town be of maximum effectiveness in assisting the Planning and Town Boards in carrying out their responsibilities. If there is any way in which you feel we can be more useful or improve our efforts, at any time, please do not hesitate to contact me directly. We look forward to hearing from you regarding this proposal. Best regards, Very truly yours, David H. Stolman, AICP, PP President Enclosures 914 297 4558 P.08i10 FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Supervisor Joseph Ruggiero and Philip J. DiNonno, Planning Board Chairman Page 6 January 7, 2004 Accepted by Planning Board: Date: Accepted by Town Board: Date: j:ldocs2\500\wappb4Wproposa104.dlmdoc 4 09:12 TOWN OF WAPPING'ER 914 297 4558 P.09/10 FREDERICK R CLARK ASSOCIATES, INC. Planning/Development/EnvironmenVTransportabon Rye, New York and Fairfield, Connecticut 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 • FAX (914) 967-6615 David H. Stolman, a►ca, Pr Michael A. Galante Joanne P. Meder, AICA Daniel K. Wary, Arp David J. Portman, FArcp Revised (Reduced Rates for Town of Wappinger) Municipal Schedule of Hourly Charges Effective 1/1/04 President $180* Executive 'Vice President: $165 Vice Presidents: $1404160** Senior Associates: $105-$130 Associates: $904100 Planning/Research Assistants: $71-$85 Senior Computer Graphics Specialist: $84 Computer Graphics Specialists: $72 Interns: $50-$66 The above charges are inclusive of all secretarial, clerical and administrative services, telephone, postage and other customary overhead expenses. Hourly charges for court appearances to present expert testimony will be 1.5 times those stated above. *David H. Stolman, AICD, PP $152 **Daniel K. Wery, AICP $127 j'.1d s2\50MwgpMVwW%TM6dWUledkw.d=:d Connecticut Hudson Valley Long Island email@fpciark.com (203) 255-3100 (645) 297-6056 (516) 3644544 www.fpclark.com :12 TOWN OF WAPPING FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/EnvironmenVTransportation Rye, New York and Fairfield, Connecticut 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 • FAX (914) 967.6615 President: 914 297 4558 P.10i10 David H. Stolman, AicP, PP Michael A. Galante Joanne P. Meder, AICP Daniel K. Wery, Ar. - David J. Portman, FAw Revised (Reduced Rates for Town of Wappinger) Standard Schedule of Hourly Charges Effective V1/04 Executive Vice President: Vice Presidents: Senior Associates: Associates: Planning/Research Assistants: Senior Computer Graphics Specialist: Computer Graphics Specialists: Interns: $190* $175 $150-$170** $110-$135 $95-105 $76-$90 $87 $74 $52-$68 The above charges are inclusive of all secretarial, clerical and administrative services, telephone, postage and other customary overhead expenses. Hourly charges for court appearances to present expert testimony will be 1.5 times those stated above. *David H. Stolmar4 AICP, PP $162 **Daniel K. Wery, AICP $138 jAC�\soon zdW% rm uhedW"kw,doc Connecticut Hudson Valley Long Island email Gtpclarkcom (203) 255-3100 (846) 297-6056 (516) 364.4544 www.fpciarkcom TOTAL P.10