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Proposals for ProffesionalsSTENGER, ROBERTS, DAVIS Ss DIAMOND, LLP SCHEDULE OF CHARGES - 2013 TOWN OF WAPPINGER TAX CERTIORARIS General Town Work, Tax Certiorari Matters: Attorneys Paralegals $165.00 per hour $125.00 per hour MINIMUM BILLING Appearance at Board or meeting or court appearance .5 hour Correspondence - Received (including emails) .2 hour Correspondence - Generated (including emails) .3 hour Telephone calls .2 hour Photocopies $.25 per page Digital reproduction at cost Disbursements - Filing Fees, Recording Fees, Court Costs, etc. at cost Unspecified Expenses at cost Legal Research Database Access at cost SRDD Supervisor Office FEB 15 2013 Received rrfler. a Lc STENGER, ROBERTS, DAVIS & DIAMOND,LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 Phone: (845) 298-2000 Fax: (845) 298-2842 Email: infopsrddlw.com RESPONSE TO REQUEST FOR PROPOSALS TOWN OF WAPPINGER TOWN BOARD February 13, 2013 SRDD LAW STENGER ROBERTS DAVIS & DIAMOND LLP 1136 Route 9 Wappingers Falls, New York 12590 (845) 298-2000 FAX (845) 298-2842 www.srddlaw.com • e-mail: info@srddlaw.com Kenneth M. Stenger Albert P. Roberts Thomas R. Davis Stephen E. Diamond* Joan F. Garrett** Kevin T. McDermott Angel I. Falcon James P. Horan*** Lisa M. Cobb M. Ellen O'Sullivan Marina O'Neill ter Melissa A. Manna -Williams OF COUNSEL Scott L. Volkman Karen MacNish PARALEGALS Sandra Oakley Dawn M. Paino +nr CLOSING COORDINATOR Maria L. Jones 'ALSO ADMITTED IN FL & MA "ALSO ADMITTED IN CT ***ALSO ADMITTED IN NJ February 14, 2013 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Inez Maldonado, Secretary to the Supervisor Re: RFP for Legal Services - Tax Certiorari Matters Attorney Proposal Dear Ms. Maldonado and Town Board Members: I am "Of Counsel" to the law firm of Stenger, Roberts, Davis 86 Diamond, LLP, with offices located at 1136 Route 9, in the Town of Wappinger. This letter is submitted to provide a response to the "Request for Proposals Town of Wappinger Town Board" published in the Poughkeepsie Journal on January 23, 2013. Enclosed with this letter is the firm's resume. Submitted in a sealed enclosed envelope is the proposed Schedule of Fees for this appointment if selected. I am submitting my proposal for acceptance to continue as Tax Certiorari Counsel. Firm Overview I have joined Stenger, Roberts, Davis 86 Diamond, LLP in an "Of Counsel" capacity as of January 1, 2013. I was previously associated as a partner of the law firm Gellert 86 Klein, P.C., successors by merger to Quartararo 86 Quartararo, Esqs., for the past 25 years. I have extensive experience in Municipal Law and represent various municipalities. I am presently attorney to the Dutchess County Legislature, as well as the Town of Pleasant Valley, Poughkeepsies' Joint Water Board and the Pawling Joint Sewer Commission. I have represented the Town of Wappinger in tax certiorari matters and conflict matters and have been Bond Counsel to a number of local municipalities. I have had the privilege of being Tax Certiorari Counsel to the Town of Wappinger since January of 2008. I have worked closely and well with your Assessor, Christian Harkins and your appraisal consultant, Don McGrath. I currently also represent the Town of Pleasant Valley and the City of Poughkeepsie on Tax Certiorari matters. I have also represented the Towns of Poughkeepsie, Rhinebeck, Hyde Park and Milan with respect to Tax Certiorari proceedings. Some representative Tax Certiorari cases that have resulted in decisions in the Dutchess County Supreme Court or the Appellate Division include HP Mitchell, LLC v. City of Poughkeepsie, et al., Index No.: 5530/09 (Dutchess County Supreme Court, 2012); Lufkin v. Town of Washington, 185 Misc. 2d 779 (Dutchess County Supreme Court, 2000); and Consolidated Edison Co. of New York, Inc. v. Town of Pleasant Valley, 82 A.D. 3d 761 (A.D. 2nd Dept., 2011). I am currently working many active files and working with the Assessor to vigorously defend his tax roll and settle matters, if appropriate, to the best advantage of the Town. As I defend these matters, I am cognizant of both the potential refund liability versus the transactional costs associated with settling matters, motion practice or trial. Proposal Requirements I will be the attorney for the Town of Wappinger on Tax Certiorari matters with assistance from Lisa M. Cobb, if needed. As indicated in our attached resume, the members of the firm have a long history of representing municipalities and private clients in various municipal transactions. The following is a list of references: Robert G. Rolison, Chairman of Dutchess County Legislature 22 Market Street Poughkeepsie, New York 12601 Phone: 845-486-2100 Email: roli213(aol.com Mayor John Tkazyik City of Poughkeepsie City Hall 62 Civic Center Plaza Poughkeepsie, New York 12601 Phone: 845-451-4073 Email: jtkazyik@cityofpoughkeepsie.com 2 Hon. Carl Tomik, Supervisor Town of Pleasant Valley 1554 Main Street Pleasant Valley, New York 12569 Phone: 845-635-3598 Email: pvsnpleasantvalley-ny.gov Hon. Todd Tancredi, Supervisor Town of Poughkeepsie 1 Overocker Road Poughkeepsie, New York 12603 Phone: 845-485-3600 Email: ttancredir@i,townofpoughkeepsie-ny.gov Hon. David P. Kelly, Supervisor Town of Pawling 160 Charles Colman Boulevard Pawling, New York 12564 Phone: 845-855-4464 Email: dpkellyapawling.org Enclosed in a sealed envelope is our Schedule of Charges for attorneys, paralegals and legal assistants. Legal assistants are rarely billed separately, and then only when they work independently on a particular project such as a compilation of legal documents in litigation matters. The municipal paralegal is occasionally billed separately, and generally only when she prepares documents independently; in such case the paralegal's work is overseen and reviewed by an attorney as required by law. We thank you in advance for your consideration of our response and look forward to an interview at your convenience. Very truly yours, HIAMQND, LLP STENG ROBEIS SCOTT L. VOLKMAN SLV / so Enclosures r STENGER, ROBERTS, DAVIS & DIAMOND, LLP A Dutchess County law firm offering representation to municipalities throughout the Couny. The attorneys of STENGER, ROBERTS, DAVIS & DIAMOND, LLP have been representing municipalities throughout Dutchess County for more than 40 years. Offering support to municipal boards and officials, the firm has vast experience in all facets of municipal work, from the day-to-day administration of towns and villages to complex litigation on municipal issues in state and federal courts. Currently, the law firm of STENGER, ROBERTS, DAVIS & DIAMOND, LLP provides representation to the Town of Wappinger, the Town of Pleasant Valley, the Town of Union Vale and the Village of Wappingers Falls, and acts as Special Counsel to various municipalities. Partners KENNETH M. STENGER is the partner in charge of the Litigation Department. The Litigation Department supplements the litigation needs of the other Departments in the firm. Mr. Stenger graduated Syracuse University, New York, with a Bachelor of Arts in 1973 and Georgetown University School of Law, Washington D.C., JD (1976). He is admitted to practice in New York (1977) and the U.S. District Court (Southern District of New York) (1989). Mr. Stenger successfully represented the Town of Wappinger before the New York Court of Appeals in the seminal case of O'Mara v. Town of Wappinger, 9 N.Y.3d 303(2007). ALBERT P. ROBERTS is the partner in charge of the Municipal Law Department of the firm. Mr. Roberts has been representing municipalities his entire career. Mr. Roberts currently represents the Town of Wappinger and the Town of Union Vale. He previously has represented the Wappinger Central School District, New Paltz Central School District, the Village of Fishkill and the Town of Dover. Mr. Roberts graduated from Siena College, New York, with a Bachelor of Arts in 1966. He received his Juris Doctor degree from Suffolk University Law School in Massachusetts in 1970 and he has been practicing law before the courts of the state of New York State since 1971. He also is admitted to the United States District Court for the Southern District of New York. THOMAS R. DAVIS is the partner in charge of municipal prosecutions, as well as the firms Matrimonial and Negligence Departments. Mr. Davis graduated the State University of New York College at New Paltz, New York (1985), the New England School of Law, Boston, Massachusetts cum laude (1991) and is admitted to practice in New York, (1992) and U.S. District Courts (Northern, Southern & Eastern District of New York). STEPHEN E. DIAMOND is the partner in charge of the Estate Department of the firm Mr. Diamond advises clients on estate and tax planning issues, lending law and real estate issues. Mr. Diamond graduated from Marist College with a B.S. in 1978, from Pepperdine University with a Juris Doctor in 1983 and from University of Florida with an LLM in Taxation in 1984. Mr. Diamond is admitted to practice in New York (1984), Florida (1984) and Massachusetts (1983). Associates JAMES P. HORAN is both an attorney and engineer. Mr. Horan was previously the principal attorney to the Town of Hyde Park and regularly provides assistance to the Village of Wappingers Falls, the Town of Wappinger and the Town of Union Vale. He has handled enforcement issues for the Town of Wappinger and the Village of Wappingers Falls. He is well versed in SEQRA and Civil Service issues as they relate to municipalities. Mr. Horan received an engineering degree from the Cooper Union in 1983. He graduated from New York Law School in 1993. He is admitted to practice in New York (1994), New Jersey (1993), the United States Court of Appeals for the Second Circuit (1995) and the United States District Courts for the Northern, Southern and Eastern Districts of New York (1994). Mr. Horan is also admitted to the United States Patent and Trademark Office bar (1998). LISA M. COBB is the firm's primary liaison with the Planning and Zoning Boards of the Village of Wappingers Falls, and regularly advises its Building Department and Clerk on zoning matters. She also regularly advises Planning Boards and Zoning Board of Appeals, and handles various matters for other municipalities, including the Towns of Union Vale and Wappinger. In addition, Ms. Cobb handles the tax certiorari work for the Town of Union Vale. Ms. Cobb also was a member of the Zoning Board of Appeals in the Village of Harriman (Orange County) for more than a decade, through October 2011. She has litigated numerous municipal issues in state and federal courts at both the trial and appellate levels. She presently serves on the Executive Committee of the Municipal Law Section of the N.Y.S. Bar Association, as well as serving on the Section's Green Construction and Technology Committees. She also is a former co-chair of various committees of the American Bar Association's Section of Litigation (1998-2004). She is a graduate of SUNY Albany, (BA) 1990, and the Dickinson School of Law, (ID) 1993. She is admitted to practice in New York (1993) and Pennsylvania (1993). She is admitted in the U.S. 2 District Court Southern and Eastern Districts of New York (1997) and the U.S. District Court Middle & Third Districts of Pennsylvania (1994). JOAN F. GARRETT works in the Litigation Department. She graduated Manhattanville College, New York, BA (1977), Pace University School of Law, New York, JD (1987). She was admitted to practice in New York and Connecticut (1988) and the U.S. District Court, Southern District of New York (1991). ANGEL I. FALCON acts as special prosecutor in the Town of Wappinger and the Town of Union Vale with respect to all violations of the New York State Vehicle and Traffic Law issued by the New York State Police, and as prosecutor of violations of the local Zoning Code in the Village of Wappingers Falls. A graduate of the State University of New York at New Paltz with a Bachelor of Arts (1999), he attended The Benjamin N. Cardozo School of Law, Yeshiva University receiving a Juris Doctor in 2004. He is admitted to practice law in the State of New York (2005). Of Counsel SCOTT L. VOLKMAN has now joined the firm as Counsel following 25 years of practice with the firm of Gellert & Klein, P.C. as successor by merger to the firm of Quartararo & Quartararo and has been representing municipalities his entire career. Mr. Volkman currently represents the Town of Pleasant Valley and is Counsel to the Dutchess County Legislature. Mr. Volkman acts as Special Counsel for the City of Poughkeepsie and the Town of Wappinger and has previously represented the Towns of Hyde Park and Rhinebeck and has served as Bond Counsel to various municipalities. Mr. Volkman has previously served the community as an elected member of the City of Poughkeepsie Common Council and brings the unique experience of having been an elected official. He recently chaired the City of Poughkeepsie Redistricting Commission. Mr. Volkman has extensive Special District experience and has represented the Tri-Municipal Sewer Commission, Pawling Joint Sewer Commission, Poughkeepsies' Joint Water Board and Valley Dale Sewer District among others. Mr. Volkman is a graduate of the University at Albany in 1982 and Benjamin N. Cardozo School of Law of Yeshiva University in 1985. He is admitted to practice in New York (1986) and is admitted to the United States District Court for the Southern and Northern Districts of New York (1987). KAREN MacNISH works primarily in the Litigation Department. She received a B.A. in English in 1993 from The Ohio State University and a J.D, Cum Laude, in 1998 from Albany Law School of Union University. She was admitted to the New York State Bar in January, 1999. She began working for the firm as an Associate Attorney in November 2001. Since February, 2007, she has been Of Counsel to the firm. 3 Present: SUPREME COURT - STATE OF NEW YORK DUTCHESS COUNTY Hon. JAMES V. BRANDS Justice. x In the Matter of the Application HP MITCHELL, LLC, Petitioner, DECISION AND ORDER -against- BOARD OF ASSESSMENT REVIEW and/or ASSESSOR OF THE CITY OF POUGHKEEPSIE AND THE CITY OF POUGHKEEPSIE, COUNTY OF DUTCHESS, NEW YORK, Respondents. x Index Nos: 5530/09 4908/10 4845/11 The following papers were read and considered on this notice of motion NOTICE OF MOTION TO DISMISS PURSUANT TO CPLR. 3211 (a)(7) DATED MARCH 2, 2012 WITH EXHIBITS AND AFFIDAVIT MEMORANDUM OF LAW DATED APRIL 5, 2012 IN OPPOSITION TO MOTION REPLY AFFIRMATION AND MEMORANDUM OF LAW DATED APRIL 27, 2012 There are presently pending before this court proceedings pursuant to Article 7 of the Real Property Tax Law of the State of New York challenging assessments of the petitioner's property for property located in the City of Poughkeepsie, County of Dutchess, State of New York for the years 2009, 2010 and 2011. The instant application before this court seeks to have those proceedings dismissed as a matter of law predicated upon an arms -length sale of the property to the petitioner as being the best evidence of value and that no question of fact exists. The documentation before the court indicates that on or about October 5, 2007 an agreement was entered into with a purchaser, HSAC Corp. for the property located at 3 87-3 91 Main Mall, City of Poughkeepsie, for a total purchase sum in the amount of $4,250,000.00. Thereafter by transactions which are not relevant to the outcome of this proceeding, the petitioner herein, HP Mitchell, LLC (Mitchell), became the purchaser of the property on or about January 18, 2008 for the contract sum of $4,250,000.00. From all the evidence adduced in these proceedings including an affidavit from Gene Demarco, Assessor for the City of Poughkeepsie, it would appear that this was an arms -length transaction between the parties. Notwithstanding the purchase price in 2008, the petitioner sought a reduction in valuation claiming the proper assessment should be in the sum of $2,000,000.00. Thereafter based upon market trends, the assessment was reduced by the City of Poughkeepsie Assessor to a total sum of $3,910,000.00 for the following two years. However, in each instance petitioner sought a reduction to a total sum of $1,500,000.00. By this application, the respondent, City of Poughkeepsie, asks that this court make a determination to the effect that the price set forth in the arms -length sale should control so far as these proceedings are concerned. DECISION The application before this court is one which seeks to have the matters dismissed pursuant to 3211 (a) (7) upon the grounds that the pleadings fail to state a cause of action, albeit much of the application for this court is in the form of a summary judgment request. Initially, the court notes that there has been no opposition to this application from anyone with knowledge of the underlying facts of the transaction to dispute the allegations of the respondent so fat as the sale being an arms -length dealing between two parties. The only opposition submitted to the court is a memorandum of law by petitioner's counsel on behalf of his client. Summary judgment is designed to expedite all civil cases by eliminating claims which can properly be resolved as a matter of law. Andre v. Pomeroy, 35 NY2d 361, 364 (1974). The parties seeking summary judgment have the burden of tendering evidentiary proof in a form admissible at trial to show that they are entitled to summary judgment as a matter of law. Friends of Animals v. Association of Fur Manufacturers, 46 NY2d 1065 (1979). Upon establishing a prima facie entitlement to summary judgment, the burden then shifts to the opposing party to demonstrate by evidentiary facts that genuine issues of fact exist to preclude summary judgment. Alvarez v. Prospect Hospital, et. al., 68 NY2d 320, 324 (1986); Zuckerman v. City ofNew York, 49 NY2d 557, 562 (1980); Indig v. Finkelstein, 23 NY2d 728 (1968). Moreover, in assessing the record "all ambiguities and inferences to be drawn from the underlying facts should be resolved in favor of the parry opposing the motion and all doubts as to the existence of a genuine issue for trial should be resolved against the moving party." Demarco v. Bansal, 826 F. Supp. 785 (S.D.N.Y., 1993) (applying New York Law), quoting Brady v. Town of Colchester, 863 F.2d 205, 210 (2nd Cir. 1988). Thus, a party opposing a summary judgment motion must assemble and lay bare its affinnative proof to demonstrate that genuine triable issues of fact exist. Komfeld v. NRX Technologies, Inc., 93 AD2d 772 (1' Dept. 1983), aff d. 62 NY2d 686 (1984). The issue must be shown to be real, not feigned, since sham or frivolous issues will not preclude summary judgment. Komfeld, supra, at 773 citing Sprung v. Jaffe, 3 NY2d 539 (1957). The unrefuted documentary evidence submitted to this court indicates that the property was sold at an arms -length transaction for the sum of $4,250,000.00 within the very same year for which the first reduction is sought. There are no unusual circumstances brought to the attention of this court -2- which would warrant a deviation from that price being considered the actual valuation of the parcel and is the best evidence of its value. (See JB Park Place Realty,_LLC v. Village of Bronxville, 50 AD3d 689, 854 NYS2d 547 [2'd Dept. 2008]). So far as the subsequent two years are concerned, the evidence before this court indicates that the City of Poughkeepsie conducts annual updates so as to maintain a 100% equalization rate. As a result of a deterioration in the economy, an 8% reduction was applied across the board to commercial properties in the City of Poughkeepsie according to the affidavit submitted to this court by the city assessor. In order for the petitioner to prevail on an application before this court, it would have to allege and thereafter prove that it would be entitled to a larger percent reduction from the value established by this court in the first year of $4,250,000.00. Had such an allegation been part of the proceedings before this court, it may well be that a question of fact would exist as to those years. However, no such challenge has been made. It is therefore this court's conclusion that the respondents have met their burden of showing to the court entitlement to a judgment based upon the documentary evidence presented. It is therefore ORDERED that the application before this court is, in all respects, is granted and the petitions are dismissed. The foregoing constitutes the opinion, decision and order of this court. Dated: May 17, 2012 Poughkeepsie, New York Stavitsky & Associates, LLC Bruce J. Stavitsky, Esq. 5 Penn Plaza, 23`d Floor New York NY 10001 Gellert & Klein, P.C. Scott L. Volkman, Esq. 75 Washington Street Poughkeepsie NY 12601-2303 -3- Pursuant to CPLR Section 5513, an appeal as of right must be taken within thirty days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry, except that when the appellant has served a copy of the judgment or order and written notice of its entry, the appeal must be taken within thirty days thereof. When submitting motion papers to Judge Brands' Chambers, please do not submit any copies. Submit only the original papers. -4- Lufkin v. Assessor of Town of Washington, 185 Misc.2d 779 (2000) 713 N.Y.S.2d 914, 2000 N.Y. Slip Op. 20459 185 Misc.2d 779 Supreme Court, Dutchess County, New York. In the Matter of Dan W. LUFKIN, Petitioner, v. ASSESSOR OF the TOWN OF WASHINGTON et al., Respondents. In the Matter of Dan W. Lufkin, Petitioner, v. Board of Assessment Review of the Town of Washington et al., Respondents. Sept. 18, 2000. Taxpayer filed petitions challenging valuation of his horse farm. The Supreme Court, Dutchess County, Louis C. Palella, J., held that: (1) taxpayer's failure to seek agricultural exemption for his horse walking shed within one year of its construction barred him from later seeking the exemption, but (2) taxpayer's farm qualified for agricultural assessment as a commercial horse boarding operation. Judgment accordingly. West Headnotes (4) hl 121 Taxation =Time Taxpayer's failure to seek agricultural exemption for his horse walking shed within one year of its construction, as required by statute, barred him from later seeking the exemption, although shed was given no value in assessor's building record card in year it was constructed, and other sheds on the property had received the assessment in prior years. McKinney's RPTL § 483, subd. 6. Taxation Rural or agricultural lands; open spaces 131 141 Taxpayer's horse farm qualified for agricultural assessment as a commercial horse boarding operation, where more than 10 horses were kept on the farm, and more than $10,000 in boarding fees were generated, although the boarding fees were generated by only one of the horses, horses were not boarded on the farm year round, and boarding was not available to the general public. McKinney's Agriculture and Markets Law § 301, subd. 13. Constitutional Law To Executive, in General Statutes =Judicial authority and duty Ultimately, statutory construction is the duty of the Court and cannot be delegated to the agency charged with its enforcement. Taxation General rules of construction An assessor may not add requirements not found in the exemption law itself, and the interpretation of an exemption statute should not be so narrow and literal as to defeat its settled purpose. Attorneys and Law Firms **914 *780 Quartararo & Quartararo, Poughkeepsie, for petitioner. Van DeWater & Van DeWater, Poughkeepsie, for respondents. Opinion V': t(a=.Next' ("D 2013 Thomson Reuters. No claim to original U.S. Government Works. 1 Lufkin v. Assessor of Town of Washington, 185 Misc.2d 779 (2000) ro r 713 N.Y.S.2d 914, 2000 N.Y. Slip Op. 20459 LOUIS C. PALELLA, J. These petitions, consolidated for purposes of disposition, are hybrids brought pursuant to Article 7 of the RPTL, **915 Article 25AA of the Agriculture and Markets Law (AML) and Article 78 of the CPLR. Issue has been joined, and the first cause of action of each petition, which challenges the valuation of the subject property pursuant to Article 7 of the RPTL, has been severed and noticed for trial. The remaining two causes of action of each are now submitted to the Court for determination. Memoranda of law have been submitted. The subject property consists of about 236.48 acres consisting of two (2) tax parcels located in the Town of Washington having the respective tax grid numbers 20-6964-00162099-00 (the larger parcel of 155.3 acres) and 20-6964-00205331-00 (the smaller parcel of 81.1 acres). The property is improved with a principal residence, an enclosed riding ring, a 4,720 square foot stable, office and tack room, a 2,528 square foot horse barn and attached shed, a 1,440 square foot workshop, a 2,500 square foot machine and storage shed, five (5) open sheds, a closed storage shed, a 1,600 square foot horse walker, and a groom's house. Petitioner acquired the property in 1995 and subsequently transferred title to Chestnut Ridge Farm, LLC, of which petitioner holds a 99% interest. Petitioner is in full charge of the subject's operation and has used the residential portion as his residence. The prior owner of the subject property used a portion of the property for agricultural purposes and received an agricultural assessment for producing hay crops. At that time, the prior owner had a polo field on the property and maintained polo *781 ponies in the stables of the property. (The prior owner's agricultural assessment has lapsed.) It is also to be noted that in 1995 the petitioner placed a conservation easement on the entire 236.48 acres which is held by the Dutchess Land Conservatory. The easement was placed on the subject to preserve its scenic rural character and, inter alia, limits future use of the property to agricultural type activities. Also, further subdividing of the property is limited to no more than one (1) additional single family dwelling. Petitioner, like his predecessor, is a horseman, and horses are kept on the property. Respondents contend that the horses kept on the subject property are polo ponies. Petitioner contends that they are show horses. (As ponies are horses, the Court does not find this issue significant.) In February 1997, petitioner submitted applications for an agricultural assessment (which is a type of partial exemption) pursuant to Article 25AA of the AML on the ground that the subject was being used as a "commercial horse boarding operation" pursuant to section 301(13) of the AML. This subdivision provides: " `Commercial horse boarding operation' means an agricultural enterprise, consisting of at least ten acres and boarding at least ten horses, regardless of ownership, that receives ten thousand dollars or more in gross receipts annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production. Under no circumstances shall this subdivision be construed to include operations whose primary onsite function is horse racing." (Emphasis supplied.) This is the present version of the subdivision (added by Laws of 1994, ch. 556, § 2, and amended by Laws of 1995, ch. 495, § 1). The original subdivision reads as follows: 13. "Commercial horse boarding operation" means an agricultural enterprise, consisting of at least ten acres and having at all times at least ten horses, that receives ten thousand dollars or more in gross receipts annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through both such boarding **916 and such production. [Emphasis supplied.] A separate application was submitted for each parcel. Both applications stated, inter alia, the gross receipts collected by the horse boarding operation during the preceding two (2) years as follows: 1995—$12,470.00; 1996—$12,000.00. (Fees generated through production from sale of crops were stated as zero.) *782 The application for the smaller parcel also included an application for an exemption for the shed called a horse walker pursuant to section 483 of the RPTL. This stated, inter alia, that the building construction was started in November 1996 and completed in December 1996 at a cost of $16,000.00. V, ;tlav NexV 2013 Thomson Reuters. No claim to original U.S. Government Works. 2 r► Lufkin v. Assessor of Town of Washington, 185 Misc.2d 779 (2000) 713 N.Y.S.2d 914, 2000 N.Y. Slip Op. 20459 The applications were supported by a letter dated March 10, 1997 from Patricia Ann Murphy, CPA, CVA, vice president of Bostick, Murphy & Co., CPA's PC, verifying the fees generated during 1995 and 1996 (supra ) and naming 12 horses boarded in 1995 and 15 horses boarded in 1996. (Six [6] of the horses listed for 1995 are also listed for 1996.) It appears from the copies of the bills and receipts included in the record that the total income for 1996 was for the boarding of one (1) of the horses, Macanudo Dior, owned by General Cigar Co., Inc., of Bloomfield, Connecticut. By notice dated April 16, 1997, respondent assessor denied the applications for failure to: "Satisfy the requirements to qual as a commercial horse boarding operation." No further explanation was provided. Petitioner appealed to respondent Board of Assessment Review in May 1997. The Board denied the appeal, upholding the assessment as fair on current use. As to the agricultural assessment the Board stated: "Denial of Agricultural Value assessment supported" The certified record for the 1997 tax year contains two opinions in support of respondents' denial of the agricultural assessments. The first is dated April 18, 1997 and is to the "Board of Assessors" from Mark J. Twentyman, Agricultural Valuation Specialist, New York State Office of Real Property Services, Albany, New York. Mr. Twentyman sets forth section 301(13) of the AML and then states: "In my opinion commercial horse boarding is a year round operation that is available to the general public. "In your particular case, the horse farm owner closes down the operation from December through April and moves all the horses to Florida." The second is a memorandum dated May 9, 1997 to Wilma Cole, Assessor's Clerk, from Stephen D. Curran, Director, Dutchess County Real Property Tax Service Agency, Poughkeepsie, New York. Mr. Curran stated that he has researched section 305 of the AML (Agricultural districts; effects). Mr. Curran opines, inter alia, that the fees collected for horse boarding should come from more than one horse. He does not believe that the Legislature intended to allow *783 the exemption based on a fee generated by one horse. He states that there is no requirement in AML 305 that an agricultural pursuit be a year round operation, but the horse boarding must be "commercial " under the statute. He also refers to Mr. Twentyman's opinion and opines "that in a bona fide commercial horse boarding operation, the majority of the horses would be owned by outside parties thereby supplementing the livelihood of the operator." He believes that a lesser situation could be considered to be a hobby, as distinguished from a commercial enterprise. Mr. Curran concludes: "Since there are no fmite conditions were [sic] attached to this legislation, the decision of whether to grant the [exemption] is the assessor's. Approve the exemption if fees are generated from more than one horse, the operation is open to the general public on a 12 month/365 day basis, and there are more than 10 horses being boarded. If any other state of facts exist[s], the operation **917 is questionable and the exemption should be denied." The proceeding for tax year 1997 was then commenced. The second and third causes of action were brought pursuant to CPLR article 78 to overturn the denial of the agricultural assessment for the horse boarding operation and the denial of an exemption pursuant to RPTL 483 for the horse walking shed. In their answer to the 1997 petition, respondents raised three (3) affirmative defenses, viz., statute of limitations, failure to comply with the requirements of RPTL 483, and failure to comply with the requirements of AML 301(13). There is no apparent merit to the defense of the statute of limitations and respondents do not address the issue. The petition for tax year 1998 is substantially the same as that for 1997, except certain monetary amounts are different. Apparently, no answer was served to the 1998 petition, but a petition pursuant to RPTL Article 7 is deemed denied (RPTL 712[1] ). The issues are the same, even though no certified record for the 1998 tax year has been submitted to the Court. Counsel for each side, in their respective memorandum of law, ask the Court to determine the second and third causes of action for each year in issue on the merits. The Court, accordingly, shall do so, deeming the answer to the 1997 petition to apply also to the 1998 petition (CPLR 2001). The Court will address first the issue of the exemption of the shed pursuant to RPTL 483. An application for such an exemption must be made "within one year from the date of completion *784 of such construction or reconstruction " (RPTL 483[4] ) and, if granted, the exemption has a maximum period of 10 years (RPTL 483 [6] ). WestlawNext 2013 Thomson Reuters. No claim to original U.S. Government Works. Lufkin v. Assessor of Town of Washington, 185 Misc.2d 779 (2000) 713 N.Y.S.2d 914, 2000 N.Y. Slip Op. 20459 III In petitioner's memorandum of law (pp. 5-6) it is argued that the shed in issue should be granted the farm building exemption because that shed, as well as other sheds on the property, received this exemption in prior years. On the assessor's building record card for 1996 this shed was given no value ("N.V."). Counsel then states: "Had the shed been given a value in 1996, it would have been subject to and eligible for, the exemption received by the other sheds on the property, as reflected in the property record cards. When the 1997 record cards were prepared, the building was then assessed for $1,750.00. At the time of that discovery, the applicant was precluded from applying for an exemption on that building because the structure had been in use for more than one year as dictated by statute." In effect, petitioner asks this Court to fashion a remedy (grant an exemption) which is not provided for by the statute. The Court is not persuaded, however, that it has rr the equitable power to do so by disregarding the one (1) year limitation established by the Legislature. Accordingly, the second cause of action of each petition is to be dismissed. rr r 121 As to the third cause of action of each petition, the Court is of the opinion, and so holds, that the denial of the agricultural assessment was illegal, arbitrary and capricious. 131 Although the opinions of Mr. Twentyman and Mr. Curran are not without significance, they are not determinative. Ultimately, statutory construction is the duty of the Court and cannot be delegated to the agency charged with its enforcement (implementation) (Matter of Moran Towing & Transp. Co. v. New York State Tax Commn., 72 N.Y.2d 166, 173, 531 N.Y.S.2d 885, 527 N.E.2d 763). Agency rules or regulations are of great import, but the opinions of Mr. Twentyman and Mr. End of Document Curran do not rise to that level. Official rules and regulations concerning application of the statute could be provided (AML 307), but none have been enacted. Petitioner has shown compliance with the requirements of AML 301(13). He has **918 shown the boarding of the required number of horses and the receipt of the required sum generated by this horse boarding. There is no statutory requirement that the horse boarding be a year round activity or that it be open to the public. In fact, the requirement that horses be boarded on the property "at all times" was deleted by the Legislature by the subdivision's latest amendment. *785 It is also clear that petitioner's operation is substantial and permanent, as is evinced by the facilities constructed. As to the $10,000.00 (or more) having been generated by the fees for one horse, the statute does not mandate otherwise. The required income, in fact, could be generated through production for sale of crops in whole or in part. 141 Pursuant to AML 300, the policy of the state is to encourage and foster the preservation of agricultural lands and open spaces. An assessor may not add requirements not found in the exemption law itself (People ex rel. Watchtower Bible & Tract Society v. Haring, 8 N.Y.2d 350, 356, 207 N.Y.S.2d 673, 170 N.E.2d 677), and the interpretation of an exemption statute should not be so narrow and literal as to defeat its settled purpose (id., at p. 358, 207 N.Y.S.2d 673, 170 N.E.2d 677). In sum, judgment is to be granted in favor of petitioner with regard to the third cause of action in each petition, the assessments for the years in issue shall be recalculated pursuant to Article 25AA of the AML, and any excess taxes are to be refunded with interest. Parallel Citations 185 Misc.2d 779, 713 N.Y.S.2d 914, 2000 N.Y. Slip Op. 20459 CO 2013 Thomson Reuters. No claim to original U.S. Government Works. t ,Next (D 2013 Thomson Reuters. No claim to is ina. U.S. Government Works. 4 Consolidated Edison Co. of New York, Inc. v. Assessor, 82 A.D.3d 761 (2011) 918 N.Y.S.2d 169, 2011 N.Y. Slip Op. 01655 82 A.D.3d 761 Supreme Court, Appellate Division, Second Department, New York. In the Matter of CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., respondent -appellant, v. ASSESSOR and Board of Assessment Review for the Town of Pleasant Valley, et al., appellants -respondents. March 1, 2011. Synopsis Background: Taxpayer commenced five tax certiorari proceedings against town and school district, seeking to reduce its property tax assessments for tax years 2004 through 2008. The Supreme Court, Dutchess County, La Cava, J., granted town's motion to dismiss proceedings for tax years 2004 and 2005, denied town's motion to dismiss proceedings for tax years 2006, 2007 and 2008, and subsequently granted taxpayer's motion to recommence proceedings for tax years 2004 and 2005. Parties cross -appealed. Holdings: The Supreme Court, Appellate Division, held that: 111 failure to mail copy of notice of petition and petition to superintendent of school district warranted dismissal, but 121 recommencement of proceedings was warranted. Affirmed. West Headnotes (2) 111 Taxation Certiorari to review assessment Taxpayer's failure to mail copy of notice of petition and petition challenging town's property tax assessments to superintendent of school district warranted dismissal of tax certiorari 121 proceedings. McKinney's RPTL § 708(3). 2 Cases that cite this headnote Taxation Certiorari to review assessment Recommencement of tax certiorari proceedings was warranted, despite taxpayer's failure to mail copy of notice of petition and petition challenging town's property tax assessments to superintendent of school district, since error in mailing did not render proceedings jurisdictionally defective, and technical irregularity in commencement process did not prejudice substantial right of town or district. McKinney's RPTL § 708(3); McKinney's CPLR 103(b), 205(a). 2 Cases that cite this headnote Attorneys and Law Firms **169 Kuntz, Spagnuolo & Murphy, P.C., Bedford Village, N.Y. (Raymond G. Kuntz of counsel), for appellant -respondent Arlington Center School District, and Gellert & Klein, P.C., Poughkeepsie, N.Y. (Lillian S. Weigert of counsel), for appellant -respondent Assessor and Board of Assessment Review for the Town of Pleasant Valley (one brief filed). Oxman Tulis Kirkpatrick Whyatt & Geiger, LLP, White Plains, N.Y. ( **170 Lois N. Rosen and Mark S. Tulis of counsel), for respondent -appellant. MARK C. DILLON, J.P., ANITA R. FLORIO, THOMAS A. DICKERSON, and JEFFREY A. COHEN, JJ. Opinion *761 In five related tax certiorari proceedings for the tax years 2004 through 2008, the Assessor and Board of Assessment Review for the Town of Pleasant Valley and the Arlington Central School District appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (La Cava, J.), dated }':estia,, Next © 2013 Thomson Reuters. No claim to original U.S. Government Works. 1 Consolidated Edison Co. of New York, Inc. v. Assessor, 82 A.D.3d 761 (2011) 918 N.Y.S.2d 169, 2011 N.Y. Slip Op. 01655 September 24, 2009, as denied those branches of their motion which were to dismiss the proceedings for the tax years 2007 and 2008, and (2) from an order of the same court dated March 12, 2010, which granted the petitioner's motion to recommence the proceedings for the tax years 2004 and 2005 pursuant to CPLR 205(a), and the petitioner cross -appeals, as limited by its brief, from so much of the order dated September 24, 2009, as granted those branches of the motion of the Assessor and Board of Assessment Review for the Town of Pleasant Valley and the Arlington Central School District which were to dismiss the proceedings for the tax years 2004 and 2005. ORDERED that the order dated September 24, 2009, is affirmed insofar as appealed and cross -appealed from; and it is further, *762 ORDERED that the order dated March 12, 2010 is affirmed; and it is further, ORDERED that one bill of costs is awarded to the petitioner. The petitioner, Consolidated Edison Company of New York, Inc. (hereinafter Con Ed), filed five petitions pursuant to article 7 of the Real Property Tax Law, seeking to reduce its property tax assessments for the tax years 2004 through 2008. The petitions for the tax years 2004 and 2005 were addressed to the Arlington Central School District (hereinafter the District), whereas the petition for 2006 was addressed to "Superintendent, Arlington School District," and the 2007 and 2008 petitions were addressed to "Frank V. Pepe, Jr., Superintendent, Arlington Central School District." The notices of the 2007 and 2008 petitions were personally delivered to the District, and left with Nora Albert, who was both the district clerk and the secretary to the superintendent. The Assessor and Board of Assessment Review for the Town of Pleasant Valley (hereinafter the Town) and the District (hereinafter together the respondents) moved to dismiss all five petitions, arguing that the service of the petitions was defective. In an order dated September 24, 2009, the Supreme Court granted those branches of the respondents' motion which were to dismiss the 2004 and 2005 proceedings, but denied those branches of the motion which were to dismiss the 2006, 2007, and 2008 proceedings. The respondents appeal and Con Ed cross -appeals from that order. Con Ed moved to recommence the two dismissed proceedings. In an order dated March 12, 2010, the Supreme Court granted Con Ed's motion to recommence, aiding that RPTL 708(3) was a notice statute, as opposed to a service statute, and therefore that the dismissals were not based on Con Ed's failure to obtain personal jurisdiction over the respondents. The respondents appeal from that order. ill 121 Since no copy of the notices of petition and the petitions for the tax years 2004 and 2005 were mailed to the superintendent of the District as required by RPTL 708(3), the Supreme Court properly granted those branches of the respondents' motion which were to dismiss those two **171 proceedings (see Matter of Landesman v. Whitton, 46 A.D.3d 827, 848 N.Y.S.2d 680; Matter of Board of Mgrs. of Copley Ct. Condominium v. Town of Ossining, 79 A.D.3d 1032, 913 N.Y.S.2d 738). The Supreme Court also properly found that RPTL 708(3) is a notice statute, as opposed to a service statute, and therefore that the error in mailing did not render the proceedings jurisdictionally defective (see Matter of Harris Bay Yacht Club, Inc. v. Town of Queensbury, 46 A.D.3d 1304, 1305, 848 N.Y.S.2d 773, *763 citing Matter of Village Sq. of Penna v. Semon, 290 A.D.2d 184, 186, 736 N.Y.S.2d 539; Matter of Wyeth Holdings Corp. v. Assessor of the Town of Orangetown, 25 Misc.3d 1002, 1006, 885 N.Y.S.2d 890). Moreover, the Court of Appeals recently held that " mere technical irregularities in the commencement process should be disregarded if a substantial right of a party is not prejudiced" (Matter of Garth v. Board of Assessment Review for Town of Richmond, 13 N.Y.3d 176, 181, 889 N.Y.S.2d 513, 918 N.E.2d 103). Here, the respondents suffered no prejudice. Therefore, the Supreme Court properly granted Con Ed's motion to recommence the 2004 and 2005 proceedings pursuant to CPLR 205(a) (see CPLR 103[b]; see e.g. Kuhl v. Hubbard, 93 Misc.2d 1058, 1062, 403 N.Y.S.2d 871). Contrary to the respondents' contention, the Supreme Court properly found that Con Ed complied with the requirements of RPTL 708(3) when it commenced the proceedings for the tax years 2007 and 2008 (see e.g. Matter of 275 N. Middletown Rd LLP v. Kenney, 10 Misc.3d 1067[A], 2006 N.Y. Slip Op. 50011[U], 2006 WL 26143; cf. Matter of Orchard Hgts., Inc. v. Yancy, 15 A.D.3d 854, 854-855, 788 N.Y.S.2d 763). The respondents' contention that the 2008 petition was premature is without merit (see Matter of County of Broome v. Eronimous, 68 A.D.2d 988, 989, 414 N.Y.S.2d 812). Parallel Citations ',.y,, stir =:•'Next © 2013 T hot son Reuters. No claim t 0 irial L'.S. Governmen2 Consolidated Edison Co. of New York, Inc. v. Assessor, 82 A.D.3d 761 (2011) 918 N.Y.S.2d 169, 2011 N.Y. Slip Op. 01655 82 A.D.3d 761, 918 N.Y.S.2d 169, 2011 N.Y. Slip Op. 01655 End of Document © 2013 Thomson Reuters. No claim to original U.S. Government Works. Westla-wNext• ©2013 Thomson Reuters, No rn to original U.S. Government Works. STENGER, ROBERTS, DAVIS & DIAMOND, LLP SCHEDULE OF CHARGES - 2013 TOWN OF WAPPINGER General Town Work, including Justice Court: Attorneys $165.00 per hour Paralegals $125.00 per hour Litigation (Federal Courts & Supreme Courts): Partners $215.00 per hour Associates $185.00 per hour Paralegals $125.00 per hour Legal Assistants $ 85.00 per hour MINIMUM BILLING Appearance at Board or meeting .5 hour Correspondence - Received (including emails) .2 hour Correspondence - Generated (including emails) .3 hour Telephone calls .2 hour Photocopies $.25 per page Digital reproduction at cost Disbursements - Filing Fees, Recording Fees, Court Costs, etc. at cost Unspecified Expenses at cost Legal Research Database Access at cost SRDD Supervisor Office FEB 14 2013 Received FEB 2, STENGER, ROBERTS, DAVIS & DIAMOND,LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 Phone: (845) 298-200o Fax: (845) 298-2842 Email: info(&srddlw.com RESPONSE TO REQUEST FOR PROPOSALS TOWN OF WAPPINGER TOWN BOARD February 13, 2°13 SRDD LAW STENGER ROBERTS DAVIS & DIAMOND LLP 1136 Route 9 Wappingers Falls, New York 12590 (845) 298-2000 FAX (845) 298-2842 www.srddlaw.com e-mail: info@srddlaw.com Kenneth M. Stenger Albert P. Roberts Thomas R. Davis Stephen E. Diamond* Joan F. Garrett** Kevin T. McDermott Angel I. Falcon February 13, 2013 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Inez Maldonado, Secretary to the Supervisor Re: RFP for Legal Services Attorney Proposal James P. Horan*** Dear Ms. Maldonado and Town Board Members: rlr Lisa M. Cobb I am a partner in the law firm of Stenger, Roberts, Davis & M. Ellen O'Sullivan Diamond, LLP, with offices located at 1136 Route 9, in the Town of Wappinger. This letter is submitted to provide a response to the Marina O'Neill "Request for Proposals Town of Wappinger Town Board" published ow Melissa A. Manna -Williams in the Poughkeepsie Journal on January 23, 2013. Enclosed with this letter is the firm's resume, as well as my personal resume. Submitted in a sealed enclosed envelope is the proposed Schedule OF COUNSEL of Fees for this appointment if selected. Scott L. Volkman Karen MacNish Firm Overview PARALEGALS Sandra Oakley Dawn M. Paino CLOSING COORDINATOR Maria L. Jones • ALSO ADMITTED IN FL & MA •* ALSO ADMITTED IN CT ••• ALSO ADMITTED IN NJ We are one of the larger Dutchess County firms, with four partners, eight associates and two attorneys affiliated on an "Of Counsel" basis. We are the County's largest Municipal Law firm. Several of the partners and associates were born and raised in Dutchess County and are able to provide a historical, as well as legal perspective to local municipal issues. The attorneys in the firm's Municipal Department have extensive and varied private sector and municipal experience, including the representation of several local communities for decades. We have successfully handled complex legislative, contractual and litigation matters both on behalf of and against various municipalities. This experience affords us a perspective not shared by attorneys who have represented only one side during their career. The diverse experiences of our attorneys make the firm particularly well -suited to the representation of a complex entity like the Town of Wappinger, with its wide-ranging legal needs, particularly in such esoteric areas as the formation of water and sewer districts and improvement areas and, when required, the requisites for approval by the New York State Department of Audit and Control, application of statutory "period of probable usefulness" for bonded projects, preparation of local laws, and preparation of municipal construction contracts, just to name a few. The attorneys of Stenger, Roberts, Davis 86 Diamond, LLP have been representing municipalities throughout Dutchess County for more than 40 years. Offering support to municipal boards and officials, the firm has vast experience in all facets of municipal work, from the day-to-day administration of towns and villages to complex litigation on municipal issues in state and federal courts. As you may know, this firm won a landmark case on behalf of the Town of Wappinger (Absolute Property Management v. Town of Wappinger). The matter was originally brought in federal court and referred to New York State's highest court, which confirmed a municipality's ability to enforce open space requirements noted on a filed subdivision plat. This case set a state-wide precedent. As of January 1, 2013, Scott L. Volkman, formerly of Gellert 86 Klein in Poughkeepsie, New York, has become "Of Counsel", and moved his practice to the firm. Scott has extensive experience in Municipal Law and represents various municipalities. He is presently attorney to the Dutchess County Legislature, as well as the Town of Pleasant Valley, the City of Poughkeepsie Corporation Counsel, the Poughkeepsie Joint Water Board and the Pawling Joint Sewer Commission. Scott has represented the Town of Wappinger in tax certiorari matters and has been Bond Counsel to a number of local municipalities. I have been attorney to the Town of Wappinger since January of 1990 and am intimately familiar with many of the real estate developments and municipal projects undertaken within the Town during this time. Prior to my appointment as attorney to the Town, I was the attorney of record for numerous projects in the Town, most notably the original Walbaum's Shopping Center (now Hannaford) in the 1980s, and the Sherwood Heights Subdivision in the 1970s. During my tenure as attorney to the Town, I oversaw the implementation of the first major Town wide rezoning in 1990, the initial agreement with the Tri-Municipal Sewer Plant authorizing the Central Wappinger Sewer Improvement and the Rockingham Farms Sewer District to 2 connect to the Tri-Municipal Sewer Plant, the implementation of the second expansion of sewer with the Tri-Municipal Sewer Plant, the formation and implementation of the 1999 2R Water Improvement, which required the calling of the Performance Bond upon the failure of the prime contractor to complete the job in accordance with the contract, overseeing the consolidation of various water systems into United Wappinger Water District as well as overseeing the implementation of the consolidation of various sewer systems into the United Wappinger Sewer District. Most recently, I negotiated the Inter -governmental Agreement with the City of New York for the construction and installation of a 12 inch water main from Old Hopewell Road near Route 9 to New Hamburg Road to Wheeler Hill Road through Carnwath Farms Estate to River Road. This 12 inch water main will initially supply the New York City DEP site with construction water for the Delaware Aqueduct Bypass Tunnel Project. The IGA required that the Town have the water main in place by August of 2013 in order to meet the construction demands of the Bypass Tunnel Project. My office was able to secure all of the required easements, and in the case of Carnwath, the necessary legislation from the Dutchess County Legislature to construct this water main. This proved to be an enormous and complex project requiring research of road legislation back to the early 1800s to confirm the road width of Old Hopewell Road at sixty-six feet, saving the Town the expense of acquiring numerous easements. I also reviewed the legal requirements for the more recent developments in the Town, including the Alpine Commons Shopping Center (BJ'S and Stop & Shop), Corporate Park, Executive Park, Keenan Acres Subdivision, Meadowood Subdivisions 1 and 2, Shamrock Hills Subdivision (Toll Brothers) and more recently, the Adams Fairacre Farms project and Hilltop Village at Wappinger, a 225 unit Active Adult Community limited to seniors 55 years of age and over. I also represent all of the Boards in the Town of Union Vale (Town Board, Planning Board and Zoning Board of Appeals) and represent the Town in the defense of tax certiorari proceedings brought against it. Lisa M. Cobb of the firm represents the Planning Board and Zoning Board of Appeals in the Village of Wappingers Falls. Proposal Requirements I will be the lead attorney for the Town of Wappinger, with assistance from Scott L. Volkman, James P. Horan and Lisa M. Cobb. As indicated in our attached resume, the members of the firm have a long history of representing municipalities and private clients in various 3 municipal transactions, particularly in land use. In the event the firm is selected to represent the Town Board, I will be the lead attorney for the Town of Wappinger. As noted, I have represented the Town since 1990, and it is my intention to continue the past practice of reviewing all submissions, correspondence and back up material submitted in connection with a particular project, and consulting with fellow consultants in preparation for any advice that the Town Board may require on matters that may arise. For the past decade, I have prepared numerous resolutions for adoption by the Town Board. As indicated above, I have also overseen the preparation of numerous construction contracts, and I have drafted most of the forms presently in use by the Town, including the formats for Offers of Dedication, SWPPP Maintenance, Water, Sewer, and Storm Water Easements, Site Easements, and Common Driveway Agreements, to name a few. I was also co-author of the "Greenway Connections" portion of our Zoning Code which has been used by several other communities in their Zoning Codes. The level of time assigned to a particular project will depend on the complexity of the particular assignment or project. In addition, my office also provides Town Code and Zoning Code Enforcement as well as vehicle and traffic prosecutions. Since the firm has undertaken the enforcement process, the Town has generated tens of thousands of dollars in revenue. As indicated, James P. Horan and Lisa M. Cobb are also available to provide legal assistance whenever needed, as well as Scott L. Volkman if circumstances require. Mr. Volkman, Mr. Horan and Ms. Cobb have extensive municipal and land use experience. In addition to Mr. Horan and Ms. Cobb, the firm's municipal department has two dedicated paralegals and a dedicated legal assistant to complete the necessary assignments for each project. In the event I am unable to attend a particular meeting, Scott L. Volkman, James P. Horan and Lisa M. Cobb will be available to act as a substitute counsel. The following is a list of references: Hon. Lisette Hitsman, Supervisor Town of Union Vale 249 Duncan Road La Grangeville, New York 12540 Phone: 845-724-5600 Fax: 845-724-3757 supervisor@unionvaleny.us 4 Paul Heslin, Present Chairman Planning Board .. Town of Union Vale 249 Duncan Road La Grangeville, New York 12540 Phone: 845-724-5543 paulheslin(cr�optonline. net Mr. Victor Fanuele - Former Chairman of the Town of Wappinger Planning Board Phone: 845- 297-7712 Mr. Phillip DiNonno - Former Chairman of the Town of Wappinger Planning Board Phone: 845-297-1710 Mr. Howard Prager - Chairman of the Town of Wappinger Zoning Board of Appeals Phone: 845-297-6961 Mr. Denis E. White - Former Mayor of the Village of Fishkill Phone: 845-896-4004 Craig Wallace, Esq. - Deputy Town Attorney for Town of Poughkeepsie Wallace 86 Wallace, LLP 299 Main Street Poughkeepsie, New York 12601 Phone: 845-473-0900 Paul Ackermann, Esq. - Corporation Counsel for City of Poughkeepsie Michael Brady, Esq. - Deputy Corporation Counsel for City of Poughkeepsie City of Poughkeepsie City Hall 62 Civic Center Plaza Poughkeepsie, New York 12601 Phone: 845-451-4065 Enclosed in a sealed envelope is our Schedule of Charges for attorneys, paralegals and legal assistants. Legal assistants are rarely billed separately, and then only when they work independently on a particular project such as a compilation of legal documents in litigation matters. The municipal paralegal is occasionally billed separately, and generally only when she prepares documents independently; in such case the paralegal's work is overseen and reviewed by an attorney as required by law. We thank you in advance for your consideration of our response and look forward to an interview at your convenience. Very truly yours, STENGER, ROBERTS, DAVIS & DIAMOND, LLP LBERT P. R6 APR/ so Enclosures 11, STENGER, ROBERTS, DAVIS & DIAMOND, LLP A Dutchess County lain firm offering representation to municipalities throughout the County. The attorneys of STENGER, ROBERTS, DAVIS & DIAMOND, LLP have been representing municipalities throughout Dutchess County for more than 40 years. Offering support to municipal boards and officials, the firm has vast experience in all facets of municipal work, from the day-to-day administration of towns and villages to complex litigation on municipal issues in state and federal courts. Currendy, the law firm of STENGER, ROBERTS, DAVIS & DIAMOND, LLP provides representation to the Town of Wappinger, the Town of Pleasant Valley, the Town of Union Vale and the Village of Wappingers Falls, and acts as Special Counsel to various municipalities. Partners KENNETH M. STENGER is the partner in charge of the Litigation Department. The Litigation Department supplements the litigation needs of the other Departments in the firm. Mr. Stenger graduated Syracuse University, New York, with a Bachelor of Arts in 1973 and Georgetown University School of Law, Washington D.C., JD (1976). He is admitted to practice in New York (1977) and the U.S. District Court (Southern District of New York) (1989). Mr. Stenger successfully represented the Town of Wappinger before the New York Court of Appeals in the seminal case of O'Mara v. Town of Wappinger, 9 N.Y.3d 303(2007). ALBERT P. ROBERTS is the partner in charge of the Municipal Law Department of the firm. Mr. Roberts has been representing municipalities his entire career. Mr. Roberts currently represents the Town of Wappinger and the Town of Union Vale. He previously has represented the Wappinger Central School District, New Paltz Central School District, the Village of Fishkill and the Town of Dover. Mr. Roberts graduated from Siena College, New York, with a Bachelor of Arts in 1966. He received his Juris Doctor degree from Suffolk University Law School in Massachusetts in 1970 and he has been practicing law before the courts of the state of New York State since 1971. He also is admitted to the United States District Court for the Southern District of New York. THOMAS R. DAVIS is the partner in charge of municipal prosecutions, as well as the firms Matrimonial and Negligence Departments. Mr. Davis graduated the State University of New York College at New Paltz, New York (1985), the New England School of Law, Boston, Massachusetts cum laude (1991) and is admitted to practice in New York, (1992) and U.S. District Courts (Northern, Southern & Eastern District of New York). STEPHEN E. DIAMOND is the partner in charge of the Estate Department of the firm. Mr. Diamond advises clients on estate and tax planning issues, lending law and real estate issues. Mr. Diamond graduated from Marist College with a B.S. in 1978, from Pepperdine University with a Juris Doctor in 1983 and from University of Florida with an LLM in Taxation in 1984. Mr. Diamond is admitted to practice in New York (1984), Florida (1984) and Massachusetts (1983). Associates JAMES P. HORAN is both an attorney and engineer. Mr. Horan was previously the principal attorney to the Town of Hyde Park and regularly provides assistance to the Village of Wappingers Falls, the Town of Wappinger and the Town of Union Vale. He has handled enforcement issues for the Town of Wappinger and the Village of Wappingers Falls. He is well versed in SEQRA and Civil Service issues as they relate to municipalities. Mr. Horan received an engineering degree from the Cooper Union in 1983. He graduated from New York Law School in 1993. He is admitted to practice in New York (1994), New Jersey (1993), the United States Court of Appeals for the Second Circuit (1995) and the United States District Courts for the Northern, Southern and Eastern Districts of New York (1994). Mr. Horan is also admitted to the United States Patent and Trademark Office bar (1998). LISA M. COBB is the firm's primary liaison with the Planning and Zoning Boards of the Village of Wappingers Falls, and regularly advises its Building Department and Clerk on zoning matters. She also regularly advises Planning Boards and Zoning Board of Appeals, and handles various matters for other municipalities, including the Towns of Union Vale and Wappinger. In addition, Ms. Cobb handles the tax certiorari work for the Town of Union Vale. Ms. Cobb also was a member of the Zoning Board of Appeals in the Village of Harriman (Orange County) for more than a decade, through October 2011. She has litigated numerous municipal issues in state and federal courts at both the trial and appellate levels. She presently serves on the Executive Committee of the Municipal Law Section of the N.Y.S. Bar Association, as well as serving on the Section's Green Construction and Technology Committees. She also is a former co-chair of various committees of the American Bar Association's Section of Litigation (1998-2004). She is a graduate of SUNY Albany, (BA) 1990, and the Dickinson School of Law, (JD) 1993. She is admitted to practice in New York (1993) and Pennsylvania (1993). She is admitted in the U.S. 2 OP District Court Southern and Eastern Districts of New York (1997) and the U.S. District Court Middle & Third Districts of Pennsylvania (1994). JOAN F. GARRETT works in the Litigation Department. She graduated Manhattanville College, New York, BA (1977), Pace University School of Law, New York, JD (1987). She was admitted to practice in New York and Connecticut (1988) and the U.S. District Court, Southern District of New York (1991). ANGEL I. FALCON acts as special prosecutor in the Town of Wappinger and the Town of Union Vale with respect to all violations of the New York State Vehicle and Traffic Law issued by the New York State Police, and as prosecutor of violations of the local Zoning Code in the Village of Wappingers Falls. A graduate of the State University of New York at New Paltz with a Bachelor of Arts (1999), he attended The Benjamin N. Cardozo School of Law, Yeshiva University receiving a Juris Doctor in 2004. He is admitted to practice law in the State of New York (2005). Of Counsel SCOTT L. VOLKMAN has now joined the firm as Counsel following 25 years of practice with the firm of Gellert & Klein, P.C. as successor by merger to the firm of Quartararo & Quartararo and has been representing municipalities his entire career. Mr. Volkman currently represents the Town of Pleasant Valley and is Counsel to the Dutchess County Legislature. Mr. Volkman acts as Special Counsel for the City of Poughkeepsie and the Town of Wappinger and has previously represented the Towns of Hyde Park and Rhinebeck and has served as Bond Counsel to various municipalities. Mr. Volkman has previously served the community as an elected member of the City of Poughkeepsie Common Council and brings the unique experience of having been an elected official. He recently chaired the City of Poughkeepsie Redistricting Commission. Mr. Volkman has extensive Special District experience and has represented the Tri-Municipal Sewer Commission, Pawling Joint Sewer Commission, Poughkeepsies' Joint Water Board and Valley Dale Sewer District among others. Mr. Volkman is a graduate of the University at Albany in 1982 and Benjamin N. Cardozo School of Law of Yeshiva University in 1985. He is admitted to practice in New York (1986) and is admitted to the United States District Court for the Southern and Northern Districts of New York (1987). KAREN MacNISH works primarily in the Litigation Department. She received a B.A. in English in 1993 from The Ohio State University and a J.D, Cum Laude, in 1998 from Albany Law School of Union University. She was admitted to the New York State Bar in January, 1999. She began working for the firm as an Associate Attorney in November 2001. Since February, 2007, she has been Of Counsel to the firm. 3 STENGER, ROBERTS, DAVIS & DIAMOND, LLP Attorneys and Counselors of Law 1136 Route 9 Wappingers Falls, New York 12590 Phone: (845) 298-2000 Fax: (845) 298-2842 E-mail: aroberts@srddlaw.com ALBERT P. ROBERTS Al graduated from Suffolk University Law School in Boston in 1970 with a Juris Doctor degree. He was admitted to practice before the Bar in New York State in February 1971. He initially joined the firm of Russell E. Aldrich in Poughkeepsie and worked there until Mr. Aldrich's death in 1977. He then became a partner in a firm which eventually came to be known as Crane, Wolfson, Roberts & Greller at 11 Market Street in Poughkeepsie. Al remained at Crane, Wolfson, Roberts & Greller until 1990 when he became the Town Attorney for the Town of Wappinger (Carl Wolfson was Town Justice and a conflict arose). He was briefly at the firm of Gellert & Cutler from 1990 until 1993 when he joined his present firm, now known as Stenger, Roberts, Davis & Diamond, LLP. Al's emphasis in his practice has been zoning and land use, environmental law, municipal law, general business, corporate matters, small business organization, commercial and residential real estate development, and estate and probate matters. In the past, Al's municipal clients have included the Wappinger Central School District (1971- 1983), the New Paltz Central School District (1980s), the Town of Dover (1980s), the Town of Union Vale (1971-1993 and 2004-present), and the Village of Fishkill (1990s). Al was also appointed Special Counsel to the Dutchess County Republican Legislative Caucus in a federal challenge brought by Democrats regarding the appointment of the Democrat Commissioner of Elections (1996). Al's present municipal clients include the Town of Wappinger and the Town 1 of Union Vale and he has also provided assistance and oversight on various legal matters in the Town of Hyde Park and the Village of Wappingers Falls. While at the Town of Wappinger, Al has overseen the major town wide rezoning of 1990, the complicated negotiations between the Town and the Tri-Municipal Sewer Commission for sewer processing, and all legal work associated with the 1999 2R Water Improvement (interconnection of the Atlas water system to the Hilltop tanks), as well as the consolidation of the various water and sewer districts into United Wappinger Water District and United Wappinger Sewer District. In the 1980s, while at the Town of Union Vale, Al oversaw the first major amendments to the Town's Zoning Code, and also drafted a complicated series of Local Laws and ballot propositions which authorized the use of a portion of the Town owned Tymor Park for a Town Hall facility. Al's private sector work has included the legal work for numerous commercial projects such as the original Walbaum's Shopping Center (1978 - now Hannaford), Fishkill Shoprite (which required an annexation of property to the Village of Fishkill — 1980s), Foam & Wash Facility on Route 9 in Fishkill (which required complex negotiations and agreements with the Village of Fishkill and the Town of Fishkill for water and sewer facilities), the Shoprite Plaza in Middletown (which required a complex assemblage of parcels, relocation of utility easements, rezoning and site plan review), the two plazas in front of The Galleria (Dollar General and Bugaboo Creek Steakhouse), and the site of the Wells Fargo Bank. 2 Clark Patterson Lee rrr ri. ni. gill Clark Patterson Lee has served as the municipal engineer for a number of communities and municipal agencies in New York State. Providing professional design, review and consulting services, the firm has become a trusted advisor to many communities and agencies including: • City of Middletown • City of Poughkeepsie • City of Rensselaer • Town of Athens • Town of Bethany • Town of Binghamton • Town of Bolivar • Town of Byron • Town of Conesus • Town of Conklin • Town of Crawford • Town of Elma • Town of Fleming • Town of Gainesville • Town of LaGrange • Town of Mt. Hope • Town of Naples • Town of Newburgh • Town of Niagara • Town of North Dansville • Town of Nunda • Town of Owego • Town of Pavilion • Town of Pembroke • Town of Pleasant Valley • Town of Richburg • Town of Stafford • Town of Victor • Town of Wappinger • Town of West Seneca • Town of York • Town and Village of LeRoy • Town and Village of Livonia • Town and Village of Oakfield • Town and Village of Perry • Town and Village of Warsaw • Village of Alfred • Village of Belmont • Village of Bolivar • Village of Monroe • Village of Woodridge • Albany Water Board • Genesee County Economic Development Center • Genesee County Highway Department • Genesee County Water Resources Agency • Livingston County Central Services • Livingston County Water and Sewer Authority • Monroe County Solid Waste • Monroe County Water Authority • Orleans County Department of Health • Orleans County Highway Department • Wyoming County Industrial Development Agency • Wyoming County Department of Health • Wyoming County Highway Department Clark Patterson Lee Our firm offers a comprehensive range of engineering services including: Civil Engineering • Water Systems • Wastewater Systems • Community Planning • Drainage Design and Site Development • Solid Waste Management Mechanical, Electrical and Plumbing Engineering • Indoor and Outdoor Lighting • Power Systems • Plumbing • HVAC • Fire Protection • Instrumentation and Control Structural Engineering • Building Design and Renovation • Building Assessment • Historic Renovation Transportation Engineering • Bridge Design • Bridge Inspection • Highway Design • Transportation Planning Clark Patterson Lee Our firm provides a wide range of services related to the study, design and construction of wastewater systems. We take pride in the ability of our talented staff of engineers and environmental specialists and their commitment to high quality service and personal attention. We offer technical excellence in the form of responsive, cost-effective design solutions. Clark Patterson Lee offers professional design services for: • Grant and funding applications related to sewer system expansions and improvements to existing infrastructure, including the NYSEFC, CDGB, NYSERDA, USDA-RD, and NYSDEC. • Inflow and infiltration studies used by municipalities to plan long range projects intended to reduce flows. • Design, Bidding, and Construction services related to new wastewater treatment facilities, and expansions or improvements to existing wastewater treatment facilities. • Environmental reviews of proposed projects for the purpose of identifying issues that need to be addressed during design. Includes the NYS SEQRA process, Environmental Impact Statements, and SHPO coordination. • Industrial user permitting and reviews to ensure industries don't negatively affect the public sewer system. • Preliminary Engineering Reports and Facility Plans that define the issues, establish design criteria, and review the projects costs. • Sanitary Sewer Use Law and Design Criteria development. • Capital improvement plans, that provide a long range financial plan for municipalities. • Design, Bidding, and Construction services related to new collection systems, and expansions or improvements to existing collection systems. • Environmental permitting associated with capital projects, including the NYSDEC, ACOE, and DOH. • Planning Board reviews related to private developments. Clark Patterson Lee Clark Patterson Lee has experience with preliminary (Phases I -IV) and final (Phases V & VI) highway design services. We have successfully completed hundreds of transportation projects varying in size and scope. We have accomplished several highway design projects on major arterial and limited access roadways involving pavement reconstruction and/ or resurfacing. Our experience includes the design of interchanges on interstate and other limited access highway facilities. Within the past few years, Clark Patterson Lee has designed several projects involving the construction or reconstruction of ramps, bridges, and mainline pavement at interchanges. Public safety and mitigation of impacts to traffic operations are the primary objectives when we prepare MPT plans. We ensure that the driving public is protected against personal injury and/or property damage. In addition, we ensure emergency services are available to the residents and businesses throughout the community. Our extensive experience in public participation makes us well -suited to resolve any public issues related to project design. Clark Patterson Lee has an established reputation for the successful management of controversial projects, addressing the "not in my backyard" syndrome and achieving compromise between opposing groups. We develop fitting public participation programs to engage key stakeholders, which has been the key to our success. Our in-house capabilities include design ROW survey and mapping, drainage system analysis and design, street design, modeling and access management plans. Clark Patterson Lee Clark Patterson Lee has successfully completed a broad range of projects within the "environmental" field. From permitting to assessment and ultimately implementation, we have the services and capabilities to complete complex projects weaving architectural and engineering elements into a successful project. From an environmental permitting standpoint, we are fully knowledgeable in environmental regulations and New York's "SEQRA" law. We have completed numerous complex environmental impact statements for landfill sitings, large-scale water projects, master plans and other multi - jurisdictional projects. We excel in "coordinating" multiple government agencies, while achieving a common project goal. Whether petroleum, hazardous, asbestos and mold abatements, we have completed numerous environmental assessment projects. We have several decades of experience completing Phase I Environmental Site Assessments for industrial and municipal clients, assessing the "nature and extent" of their environmental issues. Clark Patterson Lee can see a project through to design and implementation of remedial measures. Whether field oversight, sample collections or closure plans, we can see a project through to its final completion and closure. These skills allow Clark Patterson Lee to see an environmental project through from its inception to its ultimate closure, and no longer an issue for our clients. Clark Patterson Lee Comprehensive Planning — Designed to express community goals and identify a blueprint for future development and investment, comprehensive plans are fundamental to successful community planning. Our approach is wholistic. We focus on the wide range of issues affecting the communities with which we work, including, land use, environmental features, transportation needs and infrastructure, and demographic and economic trends. Waterfront Revitalization & Greenway Planning — Capitalizing on a community's natural resources is critical to improving the quality of life for its residents and businesses. Local waterfront revitalization programs, parks master plans, greenway and trail design and development are just some of the techniques that communities can utilize to ensure their waterfront, agricultural, opens space, parks and other recreation facilities are preserved and enhanced. Transportation Corridor Planning & Access Management — Striking a balance between access and mobility along major transportation corridors is an ongoing effort for most municipalities and transportation agencies. Transportation into and through our communities needs to be safe and efficient, as well as attractive. A balance of access regulations, good design and well -planned road networks can be achieved through effective planning. Urban Design & Main Street Program Implementation — Successful communities realize that organized and empowered merchants associations, high -quality design elements, and good marketing programs combine to create great places. Every community accomplishes this differently. Some common approaches include Business Improvement Districts (BID), creating design guidelines, and developing a media plan. Clark Patterson Lee The best design and construction documents mean very little if problems arise during construction. It is in this phase where timely completion, budget control and quality assurance become most critical. Clark Patterson Lee offers comprehensive construction services, ensuring that your project will progress smoothly, on time and within budget. Historically, large-scale construction projects relied on a Clerk of the Works or Construction Manager to replace or supplement standard construction observation by the design professional. These services too frequently burdened the overall project budget while providing questionable value to the process. Just as important, the limited value obtained through a Clerk of the Works carried with it no liability. We understand that the construction phase involves the complex interaction of legal mandates and elective alternatives. Long before actual construction, decisions should be made regarding bidding methodology, single or multiple contracts and schedule, as these decisions have a significant impact on how the construction documents are assembled. The recognition that the design professional will generate the documents as well as manage them during construction is profound. Our construction experts allow us to assume the role of "master builder." This establishes continuity in the design process and provides full-time oversight from a competent licensed professional who is completely familiar with the work. As a result, your project becomes "seamless" from start to finish. Conflicts in the field, often resulting in change orders, are minimized and there is an assurance of schedule, budget and quality control not otherwise in place. Clark Patterson Lee ir. Digital mapping is a critical component in many of Clark Patterson Lee's civil and planning projects. While GIS focused projects are not commonplace at Clark Patterson Lee, we offer a wide range of mapping services to successfully address our clients' needs. Our firm has highly skilled GIS specialists and drafting technicians on staff who are adept at collecting, creating and managing mapping data. Our firm offers expertise in the use of ArcGIS, orthoimagery, aerial photography, AutoCAD, LDD and Microstation. Clark Patterson Lee has extensive experience creating geo-referenced maps, converting map files across platforms, and utilizing the latest GIS tools to create an array of user-friendly, thematic maps. Our digital mapping capabilities enable us to analyze existing and future conditions. We have provided GIS and digital mapping services in a wide range of projects, including: • Sanitary Sewer System Assessment and Design • Public Water System Assessment and Design L• Public Wastewater System Assessment and Design - • Transportation Design Projects • Comprehensive Planning h 7 • Land Use and Zoning .i Y"y • Park and Trail Planning FED? February 15, 2013 51 3 Clark Patterson Lee DESIGN PROFESSIONALS Supervisor Office FEB 14 2013 Received Supervisor Barbara Gutzler and Memebers of the Town Board c/o Inez Maldonado, Secretary to the Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: Town of Wappinger Town Board - Request for Proposal Engineering/Architectural/ Planning Services Dear Supervisor Gutzler and Members of the Town Board: Per the instructions outlined in the Request for Proposals, we have provided our fee proposal separately. Please see attached. Thank you for taking the time to review this information. I would appreciate the opportunity to tell you more about our capabilities as a firm and how we structure our services to serve the interests of the Town. Please call me at (845) 220-7190 to schedule a time. Sincerely, Clark Patterson Lee B/L, Greg W. Bolner, P.E. Principal Associate cc: Graham Foster, Highway Superintendent 900 Corporate Boulevard Newburgh, NY 12550 clarkpatterson.com 800.274.9000 TEL 845.567.9614 FAX Clark Patterson Lee Proposed Engineering Fees for Our Team Vice President $150 Town Board Engineer/ Principal Associate $125* Project Architect/Professional Engineer/Geologist $115 Architect/Sr. Engineer/Sr. Planner $105 Stormwater Program Coordinator $100 Sr. Draftsperson/Jr. Engineer/GIS Specialist $75 Site Inspector $50-75 *Clark Patterson Lee will bill at the reduced hourly rate of $110 for meeting attendance of other non - project related services provided by the Town Engineer. It is our policy at Clark Patterson Lee that incidental reproductions completed in our office are overhead and incorporated into our billing rate. We also do not bill mileage expenses for travel to/ from and within the Town for the benefit of the Town. Where escrow accounts are established for developer inspection services, mileage will be billed at the prevailing federal rate. Town of Wappinger Town Board Civil Engineer February 15, 2013 Clark Patterson Lee Clark Patterson Lee DESIGN PROFESSIONALS February 14, 2013 Supervisor Barbara Gutzler and Members of the Town Board c/o Inez Maldonado, Secretary to the Supervisor Town of Wappinger 20 Middlebush Raod Wappingers Falls, NY 12590 RE: Town of Wappinger Town Board - Request for Proposal Engineering/Architectural/Planning Services Dear Supervisor Gutzler and Members of the Town Board: We at Clark Patterson Lee (CPL) recognize that municipalities across the state are searching for better and more efficient ways to do business. Municipal leaders are taking steps to strike a balance between their limited resources and the high expectations for public services. To assist municipalities in striking this balance, we believe strongly in the need to modify the way we provide service to meet the needs of the Town. Our approach to providing municipal services ranges anywhere from providing specific office hours were we are available to the needs of the client to providing of professional services on an as needed basis only, without the typical retainer charged by many firms. We have successfully partnered with several municipalities under these types of agreements. This approach continues to set us apart from our colleagues at other professional firms. How We Work - To help Town's manage their budgets, we generally provide lump sum proposals for all defined scopes of work. Where a scope of work is undefined, we provide a not -to -exceed fee to work with the Town to define the specific services and proper mix of personnel to meet the Town's request for assistance. In recognition of limited general fund resources, we offer a discounted rate for the services as the Town's Engineer to attend meetings or provide office hours to be engaged in general Town Board matters. Our goal is to develop an enduring relationship with the Town, one that keeps the Town in control of their budgets. Full -Service - CPL is uniquely organized to provide the full spectrum of professional services a municipal client requires to develop and manage their water and sewer assets, buildings, highways, parks, etc. With our company focus on municipal services, we avoid conflicts of interest with Developers and other Engineers doing business in the Town. Thank you for taking the time to review this information. I would appreciate the opportunity to tell you more about our capabilities as a firm and how we structure our services to serve the interests of the Town. Please call me at (845) 220-7190 to schedule a time. Sincerely, Clark Patterson Lee w. &L- Greg W. Bolner, PE Principal Associate cc: Graham Foster, Highway Superintendent 900 Corporate Boulevard Newburgh, NY 12550 darkpatterson.com 800.274.9000 T E L 845.567.9614 FAX Clark Patterson Lee Firm Introduction Understanding and Experience Professional Services Qualifications of Key Personnel References Fee Proposal in a Separate Envelope Clark Patterson Lee ■n HISTORY AND PHILOSOPHY The professionals at Clark Patterson Lee have been serving public and private clients since 1975, providing design services of exceptional quality and value. We have a staff of approximately 200 dedicated professionals, and we maintain offices in New York, Georgia, North Carolina and South Carolina and offer expertise in architecture, engineering, planning and construction. From your first encounter with members of our staff, you will realize that we do things differently at Clark Patterson Lee. Our staff is dedicated to a "client -centered" philosophy of service that is based on: Our belief in full service. In developing our business, we made a conscious decision to develop a multi -disciplined staff, capable of managing every aspect of municipal client projects. Our belief in personal attention. Being a larger firm does not automatically mean the loss of personal attention. We emphasize the need to be available and accessible to our clients and we stress the importance of on -going relationships. Our scheduling and staffing of projects reflects this attitude. Our belief in principal participation. Principals of the firm are very much "hands on." We bring this experience to every project, supporting our goal to provide professional services of exceptional quality and value while promoting both corporate and individual growth. Designing Around You Clark Patterson Lee APPROACH TO PROVIDING SERVICE TO THE TOWN Clark Patterson Lee is familiar with the Town of Wappinger's meeting schedule and Mr. Bolner is prepared and available to attend the evening meetings. Clark Patterson Lee is a Principal driven firm where Mr. Bolner takes on the responsibility of meeting the needs of the client. Mr. Bolner will be involved in every project by listening to the needs of the client, identifying the expertise required, selecting the individual within Clark Patterson Lee with the expertise and experience to complete the project deliverables and monitoring project progress to ensure the needs of the client are met. We also understand municipal clients need to operate within a budget and we therefore work to develop a scope and fee for services up front. We feel that this allows a client to weigh the costs and benefits of pursuing a project early on and avoid excessive expenditures for a project that the Town decides not to undertake Clark Patterson Lee believes more than ever in the value of providing services modified to the specific needs and desires of the client and look forward to the opportunity to work with the Town Board to develop a client specific approach to delivery of service. In some municipalities, we provide specific office hours and in other municipalities we provide services only when specifically requested. Michael J. Cunningham Robert H. Iseman Carol A. Hyde Brian M. Culnan Richard A. Frankel Richard A. Mitchell Karen E. Sosler James P. Lagios John F. Queenan Joshua E. Mackey David R. Wise+ Frederick C. Riester (1942-2012) ISEMAN, CUNNINGHAM, RIESTER & HYDE, LLP Attorneys and Counselors at Law 2649 South Road • Poughkeepsie, NY 12601 Phone 845-473-8100 Facsimile 845-473-8777 www.icrh.com 9 Thurlow Terrace • Albany, NY 12203 Phone 518-462-3000 Facsimile 518-462-4199 Town of Wappinger Town Board 20 Middlebush Road Wappingers Falls, NY 12590 Re: Proposal for Legal Services/Labor & Employment Law February ;11, 2013 Laurie K. Chisolm** Penny M. Hahn Marc A. Antonucci Linda J. Terner*° Omer Gil Frank P. Izzo Michael W. Deyo Michelle Almeida+ Brett A. Busht +Also Admitted in Connecticut °Also Admitted in Massachusetts *Also Admitted in New Jersey **Also Adtitted in Vermont tAlso Admitted in Virginia Dear Town Board Members: Supervisor Office FEB 14 2013 Received I am submitting this letter in response to a Request for Proposals issued by the Town of Wappinger Town Board and dated January 18, 2013. This proposal is for labor and employment legal services to the Town. I have practiced labor and employment law, with a strong emphasis on the employer side, for more than twenty years. I am fully versed in the Taylor Law, the body of law that regulates public sector labor relations, including union organizing, collective bargaining negotiations and all impasse -resolution procedures, labor grievances and improper practice charges. My experience extends to prosecuting and defending a variety of petitions and proceedings before the Public Employment Relations Board. I have handled numerous matters and hearings arising under Civil Service Law Section 75 (disciplinary hearings) and Civil Service Law Sections 71 and 72 (disability leaves and possible resulting terminations). I also have extensive experience with day-to-day human resource issues and have frequently provided advice and counsel related to a variety of federal and state employment - related statutes, such as the Americans with Disabilities Act, Family and Medical Leave Act, Fair Labor Standards Act and the New York State Human Rights Law. I have defended numerous employee claims and lawsuits filed with the Equal Employment Opportunity Commission, New York State Division of Human Rights and federal and state court. I have also developed a strong working relationship with the Dutchess County Department of Human Resources, the local Civil Service office for all Dutchess County municipalities. {00704337} Page 2 February 11, 2013 I presently provide labor and employment services to several municipalities, all of whom are listed as references below. I have also provided such services to the Town of Wappinger since 2008. In the past, I have also provided labor and employment services to other municipalities and municipal entities, such as the Town of Rhinebeck, City of Poughkeepsie, Town of Beekman and Poughkeepsies' Joint Water Project Board. As labor and employment counsel for the Town of Wappinger since 2008, I believe I have proven myself capable of competently and efficiently handling any matter that has been assigned to me by the Town Board. I also believe that all of my communication with the Town Board has been thorough and prompt, and that I have always been accessible when needed by any Town Board member or Town official. The primary individual who will perform labor and employment services for the Town is the undersigned. I am backed up by a capable group of partners and associates who can assist me when necessary, but the need for such backup or assistance has proved to be rare. The following references are municipalities for whom I am currently retained to provide labor and employment services: Town of Poughkeepsie, Hon. Todd Tancredi, Supervisor Town Hall, One Overocker Road, Poughkeepsie, NY 12603 (845) 485-3603; tancredi@townofpoughkeepsie-ny.gov Town of Marlborough, Hon. Stephen Osborn, Supervisor 1650 Route 9W, Milton, NY 12547 (845) 795-2220 x2; sosborn@marlborough.ny.us Town of Pleasant Valley, Hon. Carl Tomik, Supervisor Town Hall, 1554 Main Street, Pleasant Valley, NY 12569 (845) 635-3598; pvs@pleasantvalley-ny.gov Village of Fishkill, Hon. James Miccio, Mayor 1095 Main Street, Fishkill, NY 123524 (845) 897-4430; mayorjim@vzw.blackberry.net City of Beacon (special labor and employment counsel), Ms. Meredith S. Robson, City Administrator One Municipal Plaza, Beacon, NY 12508 (845) 838-5009; Administrator@cityofbeacon.org Village of Red Hook, Hon. Ed Blundell, Mayor 7467 South Broadway, Red Hook, NY 12571 (845 758-1081; info@redhookvillageny.org {00704337} Page 3 February 11, 2013 Village of Tivoli, Hon. Bryan F. Cranna, Mayor P.O. Box 397, Tivoli, NY 12583 (845) 757-3371; mayor@tivoliny.org Included with this proposal is a separate letter setting forth the hourly rates for the services described above. I have greatly enjoyed and appreciated that opportunity to represent the Town of Wappinger as labor and employment counsel since 2008, and I look forward to continuing that professional relationship. Thank you for your consideration, and please feel free to contact me if you have any questions. Very truly yours, ISEMAN, CINGH1, RI ER HYD , LLP David R. Wise dwise@icrh.com DRW/am Enclosure {007043371 Michael J. Cunningham Robert H. Iseman Carol A. Hyde Brian M. Culnan Richard A. Frankel Richard A. Mitchell Karen E. Sosler James P. Lagios John F. Queenan Joshua E. Mackey David R. Wise+ Frederick C. Riester (1942-2012) ISEMAN, CUNNINGHAM, RIESTER & HYDE, LLP Attorneys and Counselors at Law 2649 South Road • Poughkeepsie, NY 12601 Phone 845-473-8100 Facsimile 845-473-8777 www.icrh.com 9 Thurlow Terrace . Albany, NY 12203 Phone 518-462-3000 Facsimile 518-462-4199 Town of Wappinger Town Board 20 Middlebush Road Wappingers Falls, NY 12590 Dear Town Board Members: February 11, 2013 Re: Labor and Employment Legal Services 2013 Our Client No. 3576 Laurie K. Chisolm** Penny M. Hahn Marc A. Antonucci Linda J. Terner*° Omer Gil Frank P. Izzo Michael W. Deyo Michelle Almeida+ Brett A. Busht +Also Admitted in Connecticut °Also Admitted in Massachusetts *Also Admitted in New Jersey **Also Admitted in Vermont [Also Admitted in Virginia This letter is submitted as part of my response to a Request for Proposals issued by the Town of Wappinger Town Board and dated January 18, 2013. This second letter addresses the fee proposal aspect of my reply. I propose to handle labor and employment work for the Town at the hourly rate of $165.00 for attorney time and $130.00 for paralegal time, the same rates that have been charged for these services for the last several years. As an alternative, I propose a retainer arrangement by which the Town pays a monthly retainer of $650.00 to cover all consultations, advice and counsel in connection with general labor and employment matters, including: • All applicable state and federal laws. • Preparation for collective bargaining negotiations and caucuses that are held separate from the negotiation process. • Employee handbook review/amendments. • Preparation of disciplinary charges under Section 75 of the New York Civil Service Law. • All steps, up to arbitration, of any grievance procedure under a collective bargaining agreement. • Preparation/review of all documents in connection with proceedings before the Public Employment Relations Board. • Meetings with the Town Board and/or Town employees in connection with any labor - related matter. (00704681) Page 2 February 11, 2013 • Meetings with any union representatives concerning a grievance or possible grievance. • Preparation of any Resolutions needed with request to labor -related matters. • Periodic letter updates concerning relevant legal charges by way of legislative action or court decisions. • All general day-to-day advice and consultation required by the Town in connection with labor and employment. Services outside the retainer will be billed at the hourly rates set forth above. Non -retainer services will cover: • Collective bargaining negotiations and all impasse resolution procedures or proceedings. • Grievance arbitrations. • Disciplinary hearings and disability hearings under New York Civil Service Law. • Litigation or proceedings before any state or federal court or administrative agency. • Any unusually complicated matter not previously mentioned in this agreement. Prior to undertaking any such matter on an hourly basis, however, we will explain our position to the Town and obtain the Town's express authorization. Any expenses and disbursements will be billed separately, and all invoices for legal services will be issued monthly. Thank you for your consideration, and I look forward to working with the Town Board in 2013. ISEMAN, C DRW/am Enclosure Very truly • urs, G David R. Wise dwise@icrh.com -<t E, LLP {007046811 Leonard Klein Arthur L. Gellert John A. Geoghegan Roderick J. MacLeod Kelly L. Traver* Keith G. Ingber Robert E. Noe John J. Evans Pamela B. Richardson *Also Admitted in CT •Also Admitted in NJ By Hand GK Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Gellert & K1ein,.c. Attorneys at Law Counsel 75 Washington Street • Poughkeepsie, NY 12601 (845) 454-3250 (845) 454-4652 fax Westchester County Office 3010 Westchester Avenue Suite 302 Purchase, NY 10577 (914) 249-0100 (914) 249-0111 fax www.gklaw.us February 14, 2013 Elizabeth M. Corrado Stephen E. Ehlers S. Nina Gellert Justice George D. Marlow Appellate Division (Ret.) Senator Stephen M. Saland Lillian S. Weigert Joseph H. Gellert (1907-1989) Attn: Ms. Barbara Gutzler, Supervisor Re: Town of Wappinger Legal Services — 2013 Attorney RFP Dear Supervisor Gutzler and Town Board Members: This letter is sent in conjunction with our 2013 RFP response letter and sets forth our proposed billing rates for 2013. For the last several years, this firm has provided legal services to the Town at an hourly rate of $165.00. We value the Town of Wappinger as a client and therefore propose to keep our hourly rate at $165.00 in 2013. This rate shall be inclusive of all secretarial, clerical and administrative expenses such as local telephone, local postage and other customary overhead expenses. Not included in our hourly rate are customary disbursements such as: court costs, transcripts, service of process, long distance telephone calls, photocopies, computerized research and travel. Thank you for the opportunity to be considered for continuing service to the Town. Very truly yours, GELLERT & KLEIN, P.C. By: Leonard Klein Arthur L. Gellert John A. Geoghegan Roderick J. MacLeod Kelly L.Traver* Keith G. lngber Robert E. Noe John J. Evans Pamela B. Richardson *Also Admitted in CT •Also Admitted in NJ By Hand GK Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Gellert & Klein,p.c. Attorneys at Law 75 Washington Street • Poughkeepsie, NY 12601 (845) 454-3250 (845) 454-4652 fax Westchester County Office 3010 Westchester Avenue Suite 302 Purchase, NY 10577 (914) 249-0100 (914) 249-0111 fax www.gklaw.us Febry 14, 2013 TOV. F Counsel Elizabeth M. Corrado Stephen E. Ehlers S. Nina Gellert Justice George D. Marlow Appellate Division (Ret) Senator Stephen M. Saland Lillian S. Weigert Joseph H. Gellert (1907-1989) Supervisor Office FEB 162013 Received Attn: Ms. Barbara Gutzler, Supervisor Re: Town of Wappinger Legal Services — 2013 Attorney RFP Dear Supervisor Gutzler and Town Board Members: I write in response to the recent RFP for Town Attorney services for 2013. Gellert & Klein, P.C., has a successful history of providing legal services in the practice of municipal and public authority law. Our attorneys have represented a number of municipalities in Dutchess County, including cities, towns, villages, sewer and water districts, district corporations, fire districts, planning boards, zoning boards of appeals, as well as the Dutchess County Legislature. Our success in the field of municipal work can be attributed, in part, to our deep commitment and ties to our local communities. We assist our municipalities by providing legal services on all local land use issues, real estate matters, and compliance with SEQRA regulations. Our firm additionally counsels its municipal clients in the proper formation of special districts, the construction and financing of district improvements, and the adoption of assessment procedures. Our attorneys supervise grants and construction projects for municipalities. We provide legal services in all municipal and public authority law matters. We handle legal services for contracting and procurement, construction, preparation of resolutions, and the drafting of local laws. We additionally have the experience to effectively enforce and prosecute zoning laws in Justice Court and to seek injunctive relief in Supreme Court. This firm has also acted as special prosecutor for vehicle and traffic violation matters. GK Town of Wappinger February 14, 2013 Page 2 Gellert & Klein. P.c. Attorneys at Law From 2008 to 2013, I was the primary attorney for the Town of Rhinebeck and was the primary attorney for the Pawling Joint Sewer Commission for the calendar year 2012. Roderick MacLeod is counsel to several fire districts in Dutchess County, including among others New Hackensack, New Hamburg, Unionvale, and Northeast. Other municipal clients we have represented include: Towns of Pleasant Valley, Milan, Fishkill Planning Board; the Village of Fishkill; the City of Poughkeepsie, the Dutchess County Legislature; the Pawling Joint Sewer Commission, and the Tri-Municipal Sewer Commission. Our firm's litigation attorneys assist municipalities with right-of-way acquisitions, construction management and eminent domain proceedings. Keith G. Ingber heads our litigation department and is an experienced litigation attorney with thirty-five (35) years of experience litigating matters at all levels of the justice system. He is a former town justice in the Town of Crawford and former special prosecutor for the Town of Walkill. Our recognized success in Dutchess County in the area of municipal law, planning and land use development is a result of our consistent ability to provide each of our municipal clients a full range of legal services with a team of experienced and committed attorneys. For the past five (5) years this firm has had the honor of representing the Town, specifically as "conflict" counsel on specific assignment from the Town Board when the Town Attorney has been unable to represent the Town in certain matters due to conflicts within their office. We have represented the Town on a variety of Town Board, Planning Board and zoning enforcement matters. Such assignments have included: Alexander Site Plan Scorin, LLC Wappinger Gardens, LLC Homer Guzijan Bottini Fuel Zoning Enforcement Matter Wappinger Airport Drive Doran Zoning Enforcement RJA Holding Old Troy Subdivision Baisley/Van Benschoten Subdivision Dr. Soot Don Bosco Boulevard Panagio vs. Dutchess County Route 376 Property LLC Zoning Enforcement Thomas Masch Zoning Enforcement Rag Properties All Angels Subdivision I have been the primary contact with respect to many of these conflict matters and would be honored to be able to continue to be the lead attorney for the Town in such cases. GK Town of Wappinger February 14, 2013 Page 3 Gellert & Klein. P.C. Attorneys at Law I enclose herewith our firm resume and my curriculum vitae for your consideration. Also attached is contact information for some of the municipalities for which we have provided similar services. As requested, under separate cover we have provided a list of hourly rates for our professional services. We look forward to the opportunity to continue to represent the Town in our current capacity as conflict counsel. We are available at your convenience to meet with you to discuss our qualifications. Very truly yours, GELLERT & KLEIN, P.C. By: / c--- Pamela Richardso Enc. References Town of Rhinebeck 80 East Market Street Rhinebeck, NY 12572 Attn: Thomas J. Traudt, Supervisor tomtraudt@gmail.com (845) 240-4294 (cell) (845) 876-3409 (Town Hall) Town of Pleasant Valley 1554 Main Street Pleasant Valley, NY 12569 Attn: Carl J. Tomik, Supervisor pvs(a pleasantvalley-ny.gov (845) 635-3598 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 PAMELA B. RICHARDSON, ESQ. EXPERIENCE Gellert & Klein, P.C., Poughkeepsie, NY January 2008 — Present Municipal and Land Use Associate Represent local municipal clients at all levels of government, including town boards, county legislatures, local planning and zoning boards, and sewer commissions. • Advise Town and County boards on all aspects of local governance including, adoption of legislation, budgetary matters, contracts, real property transfers, and labor and employment matters. • Guide municipal agencies regarding compliance with the Open Meetings Law, FOIL and SEQRA regulations. • Assist public entities in the procurement of goods and services through the competitive bidding process; • Research and analyze complex legal issues. • Prosecute and defend litigation, including Article 78 proceedings. • Draft local laws and resolutions. • Counsel planning and zoning boards regarding land use applications for site plan, subdivision, special permits and variance approvals. • Draft land use applications on behalf of private clients and appear before planning and zoning boards in support of same. Cuddy & Feder, LLP, Fishkill, NY April 2005 - November 2007 Real Estate and Land Use Associate Represented commercial and residential developers in connection with acquisition and financing of real property as well as all aspects of land use applications. • Drafted and negotiated transactional documents, including contracts of sale, easements and financing documents. • Conducted commercial closings and performed title review and clearance. • Composed property owners association offering plans pursuant to General Business Law §352-e and relevant Attorney General regulations. • Drafted land use applications, and regularly appeared before town, planning and zoning boards in support of same. • Worked cooperatively with local and county agencies to address issues related to proposed development. • Performed land use due diligence, including preparation of detailed zoning analyses, title review and survey evaluation for proposed land development. • Collaborated with engineering, environmental and planning consultants to prepare Environmental Impact Statements as required by SEQRA. Savoy Senior Housing Corp., New York, NY May 2002 — February 2004 General Counsel Advised corporation on all legal matters, including real property, corporate compliance, litigation and insurance. • Represented client in connection with all aspects of commercial and large-scale residential developments located throughout the eastern United States. • Drafted and negotiated contracts for the sale and purchase of real property, construction contracts, loan documents, leases and management agreements. • Created corporate entities and prepared and filed corporate compliance documents. • Prosecuted and defended litigation matters. • Submitted applications to administrative agencies in connection with tax abatement and deferral programs. • Established and administered property owners and condominium associations. • Collaborated and advised corporate entities on issues of construction, development and marketing. P. RICHARDSON Page 2 Herrick, Feinstein LLP, New York, NY August 1998 — April 2002 Real Estate Associate Broad transactional real estate practice, including sales, acquisitions, leasing, and borrower and lender related financing. • Drafted and negotiated loan documents, contracts for the sale of real property and commercial leases, and related documents, including escrow agreements, environmental indemnity agreements, and real estate tax agreements. • Drafted and prosecuted applications before administrative agencies in connection with land use and zoning transactions. • Analyzed and resolved title matters, formed corporate entities, conducted commercial and residential closings, and composed condominium offering plans and amendments. • Researched and co-authored New York Law Joumal article entitled Plans Promote the Rebuilding of Downtown, N.Y.L.J, Vol. 226, No. 102; November 27, 2001, at 5. • Served as lead liaison with city, state and federal government agencies regarding economic recovery and redevelopment efforts following September 11t. EDUCATION Northeastern University School of Law, Boston, MA J.D., May 1998 Legal Internships: Herrick, Feinstein LLP, New York, NY, Spring 1998 New York City Council, Office of Oversight and Investigations, New York, NY, Summer 1997 Sive, Paget and Riesel, P.C., New York, NY, Spring 1997 United States Attorney's Office, S.D.N.Y., Civil Division, New York, NY, Fall 1996 City University of New York, Brooklyn College, Brooklyn, NY B.A. in Political Science, Magna Cum Laude, January 1994, concentration in Business and Economics Honors: Dean's List, Departmental Honors in Political Science and Economics, and Academic Scholarships PROFESSIONAL ASSOCIATIONS Mid -Hudson Women's Bar Association (President 2012-2013; Vice President 2011-2012, Director 2009- 2011) Women's Bar Association of the State of New York New York State Bar Association, Municipal Law Section BAR ADMISSIONS New York (2000), New Jersey (1999) COMMUNITY SERVICE Temple Beth Elohim, Chair, Caring Committee 2011-Present The Imagination Station 2, Inc., Chair, Children's Committee Kent Elementary School, Member Site Based Team 2012 Art on the Lake, Member 2011-2012 GK Gellert & Klein,P.c. Attorneys at Law Gellert & Klein, P.C. enjoys a long history of providing clients with the highest quality, cost effective legal services throughout a wide range of practice areas. The firm is comprised of thirteen attorneys and a full complement of paralegals. Clients range in size from individuals and small businesses to major public corporations and municipal agencies. Regardless of client size, personal attention is our hallmark. Gellert & Klein, P.C. is skilled in addressing complex problems through many specialized departments which concentrate in various areas of law. A Full Service Firm The combination of legal experience, government insights and business acumen provides our clients with an unmatched wealth of knowledge in a variety of practice areas. • Banking and Credit Union Law • Employee Benefits Law • Business and Corporate Law • Civil and Business Litigation • Commercial and Residential Real Estate • Estate Planning and Administration • Wills and Trusts • Elder Law • Trust and Will Litigation • Divorce and Family Law • Municipal Law • Personal Injury • Zoning and Land use Planning Delivering Results Our reputation for exeeilence is due to a superior legal knowledge delivered through a seamless interdisciplinary counsel that carefully considers the unique qualities of each of our clients. We consistently provide our clients with a standard of personal, dedicated service that has been our practice since Joseph Gellert founded the firm in 1933. "Regardless of client size, personal attention is our hallmark." One Team The complexity of a legal issue often demands the diverse expertise of more than one practice area specialist. We are proud of the close working relationship that exists among each of our attorneys, and the resulting benefit of that collaboration provided to each of our clients. Our people enjoy working at Gellert & Klein, and the dedication that fosters is reflected daily in the effort delivered to each of our clients. From our administrative staff to our paralegals to our attorneys and partners, lifelong careers are being made within a culture of mutual respect and unity of purpose. GK DAVID H. STOLMAN AICP, PP PRESIDENT MICHAEL A. GALANTE EXECUTIVE VICE PRESIDENT 350 THEO. FREMD AVE. RYE, NEW YORK 10580 914 967-6540 FAX: 914 967-6615 CONNECTICUT 203 255-3100 HUDSON VALLEY 845 297-6056 LONG ISLAND 516 364-4544 www.fpclark.com email®fpclark.com FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT February 13, 2013 Supervisor Barbara Gutzler, and the Wappinger Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590-0324 Subject: Proposal for Planning Services - Fees Dear Barbara and Members of the Town Board: Supervisor Office FEB 14 2013 Received FEB 2 5 As required by the Town Board's recent Request for Proposals, we are including the information below regarding fees in a separate letter in our submittal package. Attached is our Schedule of Hourly Charges for our services in the Town of Wappinger during the year 2013. We believe that it is important to note that my hourly rate in the Town is deeply discounted. In fact, my hourly rate in certain of our client communities in 2013 will be $235 per hour, whereas in the Town of Wappinger my rate will only be $160. This represents a 32% discount. Further, it is important to realize that our hourly rates already have built into them the cost of secretarial and administrative staff time. That is, we do not bill, as some consultants do, for secretarial and administrative staff time; we only bill for professional staff time. If you have any questions with respect to this letter or the enclosed Schedule of Hourly Charges, please do not hesitate to let me know. We look forward to being of continued assistance to the Town. Very truly yours, David H. Stolman, AICP, PP President Attachment j:\docs2\proposals\2013 proposals\wappinger4.dhs.doc:ev DAVID H. STOLMAN AICP, PP PRESIDENT FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT Town of Wappinger 2013 Discounted Schedule of Hourly Charges MICHAEL A. GALANTE EXECUTIVE VICE PRESIDENT President: $160* 350 THEO. FREMD AVE. RYE, NEW YORK 10580 Executive Vice President: $191 914 967-6540 FAX: 914 967-6615 Vice President: $170 CONNECTICUT 203 255-3100 Senior Associates: $155-$165 HUDSON VALLEY 845 297-6056 Associates: $140-$150 LONG ISLAND 516 364-4544 Senior Computer Graphics Specialist: $133 www.fpclark.com email@fpclark.com Computer Graphics Specialists: $102 Interns: $70-$80 * David H. Stolman's hourly rate in the Town of Wappinger is discounted from $235 in other communities. This represents a 32% discount. The above charges are inclusive of all secretarial, clerical and administrative services, Local telephone, postage and other customary overhead expenses. Hourly charges for court appearances to present expert testimony will be 1.5 times those stated above. j:\docs2\proposals\2013 proposals\wappinger 2013 rates.dhs.doc:ev DAVID H. STOLMAN AICP, PP PRESIDENT MICHAEL A. GALANTE EXECUTIVE VICE PRESIDENT 350 THEO. FREMD AVE. RYE, NEW YORK 10580 914 967-6540 FAX: 914 967-6615 CONNECTICUT 203 255-3100 HUDSON VALLEY 845 297-6056 LONG ISLAND 516 364-4544 www.fpclark.com email@fpclark.com FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT February 13, 2013 Supervisor Barbara Gutzler, and the Wappinger Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590-0324 Subject: Proposal for Planning Services to Town Board and Highway Department Dear Barbara and Members of the Town Board: I am pleased to submit the attached proposal and the enclosed fee letter in connection with the provision of planning services to the Town Board and Highway Department. We look forward to being of continued assistance. Very truly yours, David H. Stolman, AICP, PP President Attachments Enclosure j:\docs2\proposals\2013 proposals\wappinger6.dhs.doc:ev Frederick P. Clark Associates, Inc. Planning/Transportation/Environment/Development A. QUALIFICATIONS, CLIENTS AND REFERENCES As per the Town Board's recent Request for Proposals, we understand that the Town Board and Highway Department are "seeking proposals from qualified planners....to assist the Town Board with carrying out its duties." General Qualifications Frederick P. Clark Associates, Inc. is uniquely qualified to perform the subject services for the following reasons: • • • • • Clark Associates, Inc. has been providing professional advice to legislative bodies, Town Boards, and other elected and appointed boards and agencies responsible for important land use decisions since 1950. Throughout these years, Clark Associates has been instrumental in developing and implementing new planning programs and concepts that have helped produce and maintain some of the finest communities in the New York region. Because of the firm's multi -disciplinary capabilities, clients can draw upon the skills of a staff of professionals trained in a variety of fields. The firm's staff includes planners, traffic engineers and environmentalists with experience in all phases of comprehensive planning, zoning, transportation, land planning and environmental services. As shown in the attached brochure pages and Experience Record in Appendix A of this document, Clark Associates has extensive experience in the preparation of: comprehensive land use plans at scales ranging from individual properties to regions; business district plans; open space, conservation and recreation plans; zoning studies of every variety; office, industrial and other business development studies; economic studies; traffic studies; residential development studies; and the crafting of zoning and other land development regulations for the purpose of implementing Comprehensive Plans and otherwise. Clark Associates has been assisting communities with their implementation of the State Environmental Quality Review Act (SEQRA) since the inception of this law in the late 1970s. A SEQRA flowchart which Clark Associates has prepared has been reprinted in the Municipal Lawyer and in the New York Planning Federation Newsletter (a copy of the flowchart is contained in Appendix B of this document. Further, Clark Associates assisted the New York State Department of Environmental Conservation (NYSDEC) with comprehensive revisions to the SEQRA regulations and has also Town of Wappinger Town Board 1 Proposal for Planning Services Frederick P. Clark Associates, Inc. Planning/Transportation/Environment/Development participated in the preparation of a version of The SEQR Handbook which the NYSDEC has issued. Municipal Clients Clark Associates has extensive experience providing precisely the kinds of planning services described in the Town Board's Request for Proposals. Specifically, the following is a list of current and/or past municipal clients throughout New York to which Clark Associates has provided continuing consulting services to Town Boards during its 63-year history. Ardsley, NY Beacon, NY Bedford, NY Bronxville, NY Brookhaven, NY Buchanan, NY Carmel, NY Cortlandt, NY Croton -on -Hudson, NY Dobbs Ferry, NY Fishkill (Town), NY Fishkill (Village), NY Hamptonburgh, NY Hastings -on -Hudson, NY Hempstead (Town), NY Irvington, NY LaGrange, NY Lawrence, NY Lewisboro, NY Lloyd, NY Lynbrook, NY Mamaroneck, NY Mount Pleasant, NY Muttontown, NY New Castle, NY New Hempstead, NY New Rochelle, NY North Castle, NY References North Tarrytown, NY Old Brookville, NY Old Westbury, NY Ossining (Town), NY Ossining (Village), NY Oyster Bay Cove, NY Oyster Bay, NY Pelham Manor, NY Pelham, NY Pleasantville, NY Pomona, NY Port Chester, NY Pound Ridge, NY Ramapo, NY Rochester (Town), NY Rye (Town), NY Rye Brook, NY Sands Point, NY Scarsdale, NY Shandaken, NY Somers, NY Suffern, NY Ulster, NY Wappinger, NY Wappingers Falls, NY Wawarsing, NY Wesley Hills, NY Westbury, NY We believe that recommendations from our other clients are an excellent indication of the quality of the services which we have provided during our long-standing relationships with them. Please feel free to contact the following individuals as references with respect to planning performed by Clark Associates as well as the firm's ability to complete projects on time and on budget: Town of Wappinger Town Board 2 Proposal for Planning Services Frederick P. Clark Associates, Inc. Planning/Transportation/Environment/Development • • Supervisor Susanne Donnelly Town of Ossining 16 Croton Avenue Ossining, New York 10562 (914) 762-6000 SDonnelly@TownofOssining.com Supervisor Gary D. Warshauer Town of Pound Ridge Town House Westchester Avenue Pound Ridge, NY 10576 (914) 592-4466 GWarshauer@TownofPoundRidge.com Supervisor Robert S. Jankowski Town of Hamptonburgh 18 Bull Road Campbell Hall, NY 10916 (845) 427-2424 BobJankowski@hotmail.com Town of Wappinger Town Board 3 Proposal for Planning Services Frederick P. Clark Associates, Inc. Planning/Transportation/Environment/Development B. PERSONNEL The following are certain of the key individuals who will provide services to the Town Board along with a brief summary of their respective credentials. • David H. Stolman, AICP, PP, President — Master of Planning Degree, Cornell University; Master of Business Administration Degree, Pace University; Bachelor of Science Degree, Rutgers University. Thirty-five years of professional planning experience in the New York metropolitan area. Member of the American Institute of Certified Planners and the American Planning Association. Has lectured on planning, zoning and SEQR issues for the New York Planning Federation, the Association of Towns of the State of New York, and the Westchester Municipal Planning Federation. Michael A. Galante, Executive Vice President — Associate of Civil Engineering Degree, Westchester Community College; Transportation Planning, Manhattan College. Thirty-six years of professional experience in traffic engineering and transportation planning. Received a Design for Transportation Commendation for Design Excellence Award from the U.S. Department of Transportation and National Endowment for the Arts. Member of the Institute of Transportation Engineers. Marilyn Timpone Mohamed, ASLA, AICP, Senior Associate/Planning/ Environment — Master of Planning Degree, City University of New York, City College; Bachelor of Science in Landscape Architecture Degree, City University of New York, City College; Bachelor of Fine Arts Degree, The Cooper Union. Thirty- three years of professional planning and landscape architecture experience in the New York metropolitan area. Member of the American Institute of Certified Planners and a Licensed Landscape Architect. Evren Ulker-Kacar, Associate/Planning — Master of Planning Degree, City University of New York, City College; Bachelor of Planning Degree, Istanbul Technical University; Certificate in ArcGIS Program, Cook College, Rutgers University. Thirteen years of professional planning experience in the New York metropolitan area and elsewhere. Member of the American Institute of Certified Planners and the American Planning Association. David Stolman is the President of Clark Associates and he will directly work on, supervise, and be responsible for the provision of all services to the Town Board and Highway Department. David will coordinate with the planners, traffic engineers and environmentalists at the Firm, including the key individuals above, to provide services to the Town in a multi -disciplinary, complete and comprehensive manner. This is the manner in Town of Wappinger Town Board 4 Proposal for Planning Services Frederick P. Clark Associates, Inc. Planning/Transportation/Environment/Development which we have performed our services for the Town Board over the last two decades, and we will continue to operate in this manner. Town of Wappinger Town Board 5 Proposal for Planning Services Frederick P. Clark Associates, Inc. Planning/Transportation/Environment/Development C. WORK APPROACH The planning consulting services we will continue to provide are the same as those which we have continuously provided to the Town Board for the last two decades. Specifically, the services which we will provide to the Town Board include studying and reporting on proposed development matters which are referred to us (e.g., subdivisions, site plans, special permits, rezoning applications and other normal planning matters), site visits and attendance at two evening Town Board meetings per month. We will also prepare zoning amendments, comprehensive plan revisions, resolutions and SEQRA documentation as desired by the Town Board. We believe that we have been able to provide our work to the Town Board in a timely fashion and have met project deadlines during the last two decades of working for the Board. We will continue to meet project deadlines in the same manner going forward. As we have done over the past two decades, we will receive applications, will conduct site visits, will prepare memos, local laws, resolutions and SEQRA documentation for the Town Board, and will be present at Board meetings to explain our memos, etc. for each matter referred to us. Town of Wappinger Town Board 6 Proposal for Planning Services Frederick P. Clark Associates, Inc. Planning/Transportation/Environment/Development D. FEE SCHEDULE As required by the Town Board's Request for Proposals, enclosed is a separate letter which addresses the subject of fees. Town of Wappinger Town Board 7 Proposal for Planning Services Frederick P. Clark Associates, Inc. Planning/Transportation/Environment/Development E. MISCELLANEOUS 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 an arrangement, if desired, would be subject to a separate agreement. 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. j:\docs2\proposals\2013 proposals\wappinger5.dhs.doc:ev: td Town of Wappinger Town Board 8 Proposal for Planning Services Appendix A Brochure Pages and Experience Record In 1950, Frederick P. Clark started a planning consulting practice in Rye to help shape growth and development in the suburbs of New York City. And that is precisely what the firm, which still bears his name, has been doing ever since. Initially, the focus was on municipal and county planning, and the development of implementing regulations to accommodate orderly change. During the 1970s, as the development process became increasingly complex, the firm expanded to offer traffic and environmental services as well. Today, the firm remains committed to help shape better communities by guiding the growth required to serve human needs in ways that protect the environment. Frederick P. Clark Associates, Inc. continues to build upon its leadership and experience in developing innovative solutions for land use control, development, planning and environmental protection. Community and Regional Plans Zoning and Land Development Regulations Continuing Planning Assistance Housing and Residential Development Studies Office, Industrial and Business District Studies Open Space, Conservation and Recreation Plans Expert Testimony Right: Existing Land Use Map, Comprehensive Development Plan for Mount Kisco, New York. Below: Environmental site features were protected by precedent - setting zoning and subsequent site plan review for the Town of New Castle, New York. Gilam aqa Architectural Frederick P. Clark Associates, Inc. has been providing professional advice to planning boards, zoning boards and other elected and appointed boards and agencies responsible for important land use decisions since 1950. Whether providing continuing services on an annual retainer basis or specialized services in connection with a specific project, the firm is thoroughly experienced in all aspects of community planning. Throughout the years, Clark Associates has been instrumental in developing and implementing new planning programs and concepts that have helped produce and maintain some of the finest communities in the New York region. Many of these concepts have since become standard tools used by professional planners throughout the metropolitan area and beyond. Because of the firm's multidisciplinary capabilities, local municipalities can draw upon the skills of a staff of professionals trained in a variety of fields. Further complementing this technical expertise is a long-term relationship with client communities that provides Clark Associates with a unique historical perspective and assures municipal clients of continuity in service, despite other local governmental changes. Subdivision and Site Planning Cluster and Planned Unit Developments Office and Industrial Parks Shopping Centers Institutional Facilities Project and Permit Coordination Right and Below: Two residential cluster projects in Irvington, New York. GLACIAL ERRATICS MAINTAINED WETLANDS PRESERVED CONSERVATION EASEMENT ROADS CONFORM TO TOPOGRAPHY DEDICATED OPEN SPACE DEDICATED WATERSHED LAND BOULEVARD ENTRANCE OPEN SPACE ALONG PUBLIC ROAD Five basic factors define site development: the land, the law, community policies, objectives of the property owner and the needs of the ultimate users. The design team must focus the planning process on understanding and interpreting each of these elements. The concept for development results from the integration of the requirements of site, community and program. Clark Associates' land planning experience includes traditional residential subdivisions, cluster and planned unit developments, golf course communities, multifamily housing, office and industrial parks, corporate headquarters, shopping centers and institutional uses. The firm's clients include landowners, corporations and development firms. Work often begins at the initial site acquisition and analysis stage, and normally continues throughout the entire development review and approval process. Over the years, the result has been the construction of well -planned developments providing housing, shopping, employment and educational opportunities for thousands of families, in addition to the preservation of thousands of acres of permanent open space for environmental and recreational purposes. Above: Typical wetland, Westchester County, New York. Below: Clark Associates served as lead consultant in the zoning approval process and prepared the Environmental Impact Statement leading to approval and construction of Japan's Keio University High School in Purchase, New York. Environmental Assessments and Analyses Environmental Impact Statements State Environmental Quality Review Processing Natural Resource Inventories Resource Protection Regulations Wetlands Identification and Permitting Visual Impact Analyses Respect for and understanding of the environment is an essential element of proper planning and a basic part of all the work of Frederick P. Clark Associates, Inc., whether it be municipal planning, land planning or transportation planning. The firm's long history of environmental planning experience is a unique and invaluable resource which has grown through close teamwork among its environmental experts, landscape architects, traffic engineers and planning professionals. Clark Associates has prepared or reviewed more than a thousand environmental assessments and environmental impact statements on behalf of both its public and private sector clients. It has also prepared resource management plans and environmental analyses for individual sites as well as entire communities. The firm has assisted New York State as well as numerous local municipalities in developing and implementing environmental quality review laws and effective resource protection regulations. Environmental experts at Clark Associates have experience in the identification and delineation of wetlands, the preparation of wetlands permit documentation and the design of wetlands mitigation plans. Traffic Planning and Operations Studies Traffic Impact Analyses Parking Demand and Needs Studies Parking Facility Economic Feasibility Studies Public Transportation Planning Right: Computer traffic model and simulation, Briarcliff Manor, New York. Below: Initial phase of a one million square foot industrial park in Putnam County, New York for which Clark Associates developed access plans and impact analyses. Traffic engineering is a key ingredient in both municipal and private development planning. It is the process of assessing traffic impacts and then planning the physical and operational improvements required to maintain satisfactory traffic flow. Frederick P. Clark Associates, Inc. began offering professional services in the transportation field in 1978. Since then, it has completed over 500 projects, ranging from small to very large (over one million square feet), and including a wide variety of retail, office, industrial, public and residential uses. Typically, the traffic engineering staff works as a team with the firm's environmental and planning professionals in coordination with clients and other consultants. Involvement normally begins with an analysis of existing traffic and roadway conditions, followed by detailed access and impact studies, and concluding with the governmental approval process. The firm has established effective relationships with governmental entities responsible for project reviews. Analytical techniques used are of the type found most acceptable to these reviewing agencies. Assignments for municipal clients often involve community - wide or special area traffic and parking studies, as well as the review of project proposals and environmental impact statements submitted for approval by developers. MUNICIPAL CLIENTS Ardsley (NY) Beacon (NY) Briarcliff Manor (NY) Brookhaven (NY) Brookville (NY) Buchanan (NY) Centre Island (NY) Carmel (NY) Cove Neck (NY) Croton -on -Hudson (NY) Dobbs Ferry (NY) Farmington (CT) Fishkill Village (NY) Glastonbury (CT) Greenwich (CT) Head -of -the -Harbor (NY) Hempstead (NY) Huntington (NY) Laurel Hollow (NY) Lloyd Harbor (NY) Lynbrook (NY) Munsey Park (NY) Muttontown (NY) Nassau County (NY) New Castle (NY) New Milford (CT) North Castle (NY) Old Brookville (NY) Old Westbury (NY) Ossining (NY) Oyster Bay (NY) Pelham (NY) Pleasantville (NY) Plymouth (CT) Pomona (NY) Pound Ridge (NY) Putnam County (NY) Ramapo (NY) Ridgefield (CT) Rochester (NY) Rye Brook (NY) Sands Point (NY) Scarsdale (NY) Somers (NY) Southbury (CT) Stewart Manor (NY) Tarrytown (NY) Wappinger (NY) Watertown (CT) Wawarsing (NY) Wesley Hills (NY) Westbury (NY) Woodsburgh (NY) Westport (CT) Frederick P. Clark Associates, Inc. serves well over 150 municipal and private sector clients throughout the New York Metropolitan Area and beyond. The following is a representative list of current and past clients. PRIVATE CLIENTS Adelphi University Amoco A & P Supermarkets AVR Realty Bank of New Haven Berco Development Corp. Cablevision Cabot, Cabot & Forbes Cadillac -Fairview Catrambone Development Citicorp Corporate Property Investors Cross Westchester Development Corp. Dictaphone Equitable Life Assurance Society Exxon Fairfield University Gibralter Management Ginsburg Development Corp. (CT) E. S. Gordon & Company Fyber Properties Green Acres Development Group Grumman Aerospace Corp. Hartz Associates Interstate Properties Konover Development Corp. Kraft Foods March of Dimes Marketing Corp. of America MasterCard Merrill Lynch Relocation Management Milford Jai -Alai Miles Laboratories Mobil Peoples Bank Point Pleasant Hospital Riverbank Robert E. Simon, Jr. Sarah Lawrence College Shimizu America Corp. Sterling Forest Corp. Stop & Shop Corp. Tambrands Travelers Realty The Shopco Group TPA Design Group Tuxedo Park Associates U-Haul, Inc. Volkswagen of America Waldbaum's Supermarkets Walgreens Westfield, Inc. Planning for tomorrow begins with an understanding of today's realities. Join us in the challenge of shaping the future. DAVID H. STOLMAN AICP, PP PRESIDENT MICHAEL A. GALANTE EXECUTIVE VICE PRESIDENT 350 THEO. FREMDAVE. RYE, NEW YORK 10580 914 967-6540 FAX: 914 967-6615 CONNECTICUT 203 255-3100 HUDSON VALLEY 845 297-6056 LONG ISLAND 516 364-4544 www.fpclark.com email@fpclark.com FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD Frederick P. Clark Associates, Inc. has been actively and continuously engaged in professional practice since 1950. The firm's current clientele includes approximately 60 municipalities and counties located in New York, Connecticut and New Jersey, and about an equal number of corporate and private clients. The firm is of medium size, with a total of approximately 18 employees, including planners, engineers, landscape architects and environmentalists with experience in all phases of community planning and zoning, environmental, transportation and • land planning services. Clark Associates also participates as a member of design teams with a variety of firms in the allied design professions. The following pages list selected projects which the firm has undertaken in its more than 60 years of business. FIELDS OF PROFESSIONAL SERVICE Comprehensive/Master Plans Community and Regional Development Plans Environmental Analyses, Inventories and Impact Statements New Town, Cluster and Large Scale Site Development Planning Site Selection, Analysis, Planning and Development Studies Subdivision Planning Office and Industrial Development Studies Business District Plans Comprehensive Zoning Plans and Special Zoning Studies Subdivision, Wetlands and other Land Development Regulations Open Space, Conservation and Recreation Plans Housing Studies Landscape Design Campus Plans Enrollment Projections Community Development and Public Improvement Programs Advice and assistance on current planning, zoning and development matters Traffic Planning and Operations Studies Traffic Impact Analyses Parking Demand and Needs Studies Parking Facility Economic Feasibility Studies Preliminary Highway Engineering Public Transportation Planning Wetland Delineation & Analysis FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD PLANNING SERVICES Planning Advisory Services Rendered On Continuing Planning, Zoning, Environmental and Development Issues Ardsley, NY Bayville, NY Beacon, NY Bedford, NY Bethel, CT Bovina, NY Bronxville, NY Brookhaven, NY Buchanan, NY Carmel, NY Central Naugatuck Valley Regional Planning Agency, CT Cortlandt, NY Cortlandt, NY Croton -on -Hudson, NY Darien, CT Dobbs Ferry, NY East Hills, NY Fairfield, CT Fishkill (Town), NY Fishkill (Village), NY Greenwich, CT Hastings -on -Hudson, NY Hempstead (Town), NY Irvington, NY LaGrange, NY Lawrence, NY Lewisboro, NY Lloyd, NY Lynbrook, NY Mamaroneck, NY Mount Pleasant, NY Muttontown, NY Nassau County, NY New Canaan, CT New Castle, NY New Hempstead, NY New Rochelle, NY North Castle, NY North Tarrytown, NY Old Brookville, NY Old Westbury, NY Ossining (Town), NY Ossining (Village), NY Oyster Bay Cove, NY Oyster Bay, NY Pelham Manor, NY Pelham, NY Pleasantville, NY Pomona, NY Port Chester, NY Pound Ridge, NY Putnam County, NY River Vale, NJ Rochester (Town), NY Rye (Town), NY Rye Brook, NY Sands Point, NY Scarsdale, NY Shandaken, NY Somers, NY Suffern, NY Ulster, NY Wappinger, NY Wappingers Falls, NY Wawarsing, NY Wesley Hills, NY West Hartford, CT Westbury, NY Weston, CT Westport, CT Wilton, CT FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD Comprehensive Development Plans Prepared Bayville, NY Beacon, NY (also update) Bedford, NY (also update) Briarcliff Manor, NY Brookville, NY (also update) Centre Island, NY Cortlandt, NY Darien, CT (also update) Fishkill, NY (also update) Garden City, NY (also update) Greenwich, CT (Consultant) Hyde Park, NY Lewisboro, NY (also update) Lloyd, NY (also update) Mount Kisco, NY Mount Pleasant, NY Muttontown, NY (also update) Nassau County, NY New Castle, NY (also update) North Castle, NY (also update) North Shore Area (L.I.), NY (10 Villages) Northport, NY North Haven, CT Old Brookville, NY (also update) Old Westbury, NY Ossining (Town), NY Pleasantville, NY Pomona, NY Port Chester, NY Pound Ridge, NY (also update) Ridgefield, CT (also update) River Vale, NJ Rye, NY Rye Brook, NY Sands Point, NY Southern Dutchess Area (5 communities) Somers, NY Wappinger, NY (also update) Wappinger Falls, NY (also update) Westbury, NY West Hartford, CT (Consultant) Weston, CT Wilton, CT Yorktown, NY Comprehensive Zoning Plans Prepared Bayville, NY Beacon, NY Bedford, NY Binghamton, NY Blooming Grove, NY Briarcliff Manor, NY Cove Neck, NY Darien, CT Fishkill, NY (also update) Greenwich, CT Hastings -on -Hudson Hyde Park, NY (also update) 3 Mamaroneck (Village), NY Matinecock, NY Mount Pleasant, NY New Castle, NY New Hempstead, NY New Rochelle, NY North Castle, NY Olive, NY Old Brookville, NY Oyster Bay (Town), NY (in process Pelham Manor, NY Pleasantville, NY FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD Comprehensive Zoning Plans Prepared (Cont'd.) Lewisboro, NY Lloyd, NY Rye (Town), NY Shandaken, NY Somers, NY (also update) Suffern, NY Tarrytown, NY Ulster, NY Wappinger, NY (also update) Port Chester, NY Pound Ridge, NY Wawarsing, NY Wesley Hills, NY Westbury, NY Weston, CT Wilton, CT White Plains, NY Yorktown, NY Other Zoning Studies Prepared (One or More) Abraham & Straus, Manhasset, NY Bronxville, NY Cortlandt, NY Cove Neck, NY Flower Hill Civic Association, Flower Hi11,NY Greater Port Washington Civic Council, NY Great Neck Estates, NY Haviland Properties, Inc., Tarrytown, NY Hempstead (Town), NY Hewlett Bay Park, NY Highlands, NY Hurley, NY Kings Point, NY Lake Success, NY Larchmont, NY Lawrence, NY Lynbrook, NY Mallory and Company, Tarrytown, NY Manhattanville College, Purchase, NY Merrywood Civic Association, Poughkeepsie, NY Munsey, NY New Rochelle, NY Northport, NY Norwalk, CT Port Chester, NY Roslyn, NY Roslyn Harbor, NY Simmonds Precisions Products, NY Stewart Manor, NY Tarrytown, NY Texaco, Inc., Harrison, NY Upper Brookville, NY Woodbridge, CT Woodsburgh, NY Land Development (Subdivision) Standards Prepared Bayville, NY Beacon, NY Bedford, NY Bovina, NY Briarcliff Manor, NY Darien, CT Fishkill, NY 4 Lloyd, NY Milford, CT Mount Pleasant, NY Muttontown, NY New Castle, NY FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD Land Development (Subdivision) Standards Prepared (Cont'd.) Greenwich, CT Hyde Park, NY Lewisboro, NY Rye (Town), NY Somers, NY Tarrytown, NY Ulster, NY Wappinger, NY Wappingers Falls, NY New Hempstead, NY North Castle, NY Pleasantville, NY Port Chester, NY Pound Ridge, NY Wawarsing, NY Wesley Hills, NY Westbury, NY Weston, CT Wilton, CT Yorktown, NY Business District Plans Prepared Ardsley, NY Armonk and Banksville Business Areas, North Castle, NY Bayville, NY Beacon, NY Bedford Village, NY Briarcliff Manor, NY Chappaqua Business Area Plan, New Castle, NY Darien Center, Noroton and Noroton Heights Business Areas, Darien, CT East Hampton Town, East Hampton, NY Garden City, NY Hastings -on -Hudson, NY Katonah, Bedford Hills and Bedford Village Business Areas, Bedford, NY Lloyd, NY Millwood Plan, New Castle, NY Northport, NY New Canaan, CT River Vale, NJ (includes renewal area study) Roslyn, NY Scarsdale, NY (also update) Scotts Corners, Pound Ridge, NY Suffern, NY Valley Stream, NY Wappingers Falls, NY Weston Center, Weston, CT FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD Streetscape Studies and Design Guidelines Prepared Armonk Hamlet Design Study, North Castle, NY (in process) Briarcliff Manor Central Business District Master Plan, Briarcliff Manor, NY (in process) Fishkill Streetscape Recommendations and Signage Design Study, Fishkill (Village), NY (in process) Millwood Center Area Design Plan, New Castle, NY ENVIRONMENTAL SERVICES Environmental Impact Statements Prepared Among Others: Ardsley Business District Zoning, Generic EIS, Ardsley, NY Armory Acquisition, DPW Consolidation, Transfer of Development Rights Legislation and Affordable Housing, Ossining (Village), NY Blind Brook County Club Office Development, Rye (Town), NY Boulder Ridge Mixed Use Development, Greenburgh, NY Chabad School, Village of Great Neck Estates, NY Community Library, Somers, NY Country Woods at Holbrook, Islip, NY DiCanio Planned Residential Development, Northampton County, VA Fenimore Close Office Park, Mamaroneck, NY Floral Park Zoning, Generic EIS, Floral Park, NY Gleneyre Farms Master Plan and Phase 1 Development, Philipstown, NY Gracefield Residential Development, North Hills, NY Hercer Corporation Rezoning Generic EIS, East Fishkill, NY Hercer corporation Planned Residential Development, East Fishkill, NY Hillside Estates, Hastings -on -Hudson, NY Holiday Management Associates, Residential Development, Holbrook, NY Irvington Manor Subdivision, Irvington, NY ISC Development, Huntington, NY Knollwood Office Building, Elmsford, NY Lakepointe Woods Subdivision, Carmel, NY Meadows Plaza Shopping Center, Ossining (Town), NY Mountain View at Granit, Cluster Housing Development, Rochester (Town), NY Mount Mercy at Dobbs Ferry Residential Development, Dobbs Ferry, NY Multi -Family Zoning Ordinance Generic EIS, New Castle, NY Nanuet Mall Expansion, Clarkstown, NY Nesconset Center Retail Development, Brookhaven, NY Nob Hill Ridge Multi -Family Development, Elmsford, NY North Castle Town Hall/Highway Garage, North Castle, NY 6 FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD Prepared Among Others (Cont'd.) Old Roslyn Square Retail Development, Roslyn, NY (in process) Old Westbury Comprehensive zoning Revisions, Old Westbury, NY Putnam Country Club Residential Development, Carmel, NY Realex Capital Corporation, Residential Cluster Subdivision, Hastings -on -Hudson, NY Residential Rezoning Study Generic Environmental Impact Study, Somers, NY Rosebud Condominiums, Patterson, NY Rye Town North Generic Environmental Impact Statement, Rye (Town), NY Sands Point Village club, Village of Sands Point, NY Shimizu America Corp., Keio High School, Harrison, NY Southgate Technical Center, Brookhaven, NY Sprain Brook Center, Yonkers, NY Stewart -Scott Residential Development, East Fishkill, NY Stop & Shop, Airmont, NY Sunrise Assisted Living Facility, White Plains, NY The Home Depot, Port Chester, NY The Landing, Dobbs Ferry, NY Unity Plaza Shoping Center, East Fishkill, NY Walt Whitman Mall Expansion, Huntington, NY Waverly Horse Farm, Old Westbury, NY Zoning Ordinance Generic Environmental Impact Statement, White Plains, NY Reviewed Among Others: Arrow Crest Subdivision, Croton -on -Hudson, NY Baldwin Place Shopping Center Redevelopment, Somers, NY Bayswater Residential Single -Family Residential Development, New Castle, NY Beechwood Historic Preservation and Cluster Residential Development, Briarcliff Manor, NY Brandywyne Residential Subdivision, New Castle, NY Chappaqua Mews Multi -Family Development, New Castle, NY Citicorp Development Project, Rye (Town), NY Cole Property Subdivision, North Castle, NY Conversion of Bear Ridge School to YM/YWHA Facility, Mount Pleasant, NY Christian Herald Residential Subdivision, New Castle, NY Cornell Woods Conservation Subdivision, New Castle, NY C. W. Post Parking Lot, Old Westbury, NY Dellwood Multi -Family Residential Development, New Castle and North Castle, NY Edwards Shopping Center, North Castle, NY Ferrovecchio Subdivision, New Castle, NY FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD Reviewed Among Others (Cont'd.) Fireside Homes Conservation Subdivision, New Castle, NY Fox Hill, Deerfield and Spring Pond Residential Condominium Property, Ossining (Town), NY Fox Hollow Run Multi -Family Residential Development, New Castle, NY Grace Development Company Subdivision, New Castle, NY Granite Pointe Subdivision, Somers, NY Hammond Ridge Subdivision, New Castle and North Castle, NY Highridge Estates Subdivision, Pound Ridge, NY Hudson Hills Golf Course, New Castle, NY IBM Hudson Hills Subdivision, New Castle, NY IBM Corp., Corporate Education Center, Mount Pleasant, NY IBM Corp., Hudson Hills Site Rezoning, New Castle, NY IBM Corp., Management Training Center, North Castle, NY IBM Corp., New Corporate Headquarters, North Castle, NY IBM Corp., Parking Expansion, Somers, NY IBM Corp., Site Development Plan, Somers, NY Jay Ridge Condominiums, Bedford, NY Labriola Property Subdivision, North Castle, NY Ledgewood Commons Condominium Development, New -Castle, NY Legionaries of Christ Incorporated Seminary, New Castle, NY Little Lake Estates Subdivision, New Castle, NY Mid -Hudson Mall Regional Shopping Center (Corland Development Corp.), Fishkill (Town), NY Monroe Mansion, Ramapo, NY North Fork Subdivision, New Castle Oak Ridge Condominium Development, Lewisboro, NY Old Farm Lake Condominiums, New Castle, NY Pepsico, Inc., Site Development Plan, Somers, NY Pocantico Lakes Residential Rezoning, Mount Pleasant, NY Prickly Pear Hill Golf Club, Croton -on -Hudson, NY Random Farms Residential Development, New Castle, NY Regional Shopping Center, Southeast, NY Reservation Heights Subdivision, Lewisboro, NY Retail Supermarket Center, Monroe, NY Ritterman Pond Creation, New Castle, NY River Village Mobile Home Park, Fishkill (Town), NY Rose Cliff Residential Development, Briarcliff Manor, NY Royal Executive Office Park, Rye (Town), NY Savin Heliport, Mount Pleasant, NY Seven Springs Golf Course, North Castle & Bedford, NY 8 FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD Reviewed Among Others (Cont'd.) Stone Creek Townhouses, New Castle, NY Stony Hollow Subdivision, New Castle, NY Tara Circle, Inc. Irish Cultural Center, Briarcliff Manor, NY Tetco Chemical Building, Briarcliff Manor, NY The Country Club at Pleasantville, Pleasantville, NY The Farm Subdivision, Somers, NY Town of Clarkstown Golf Course, Ramapo, NY Trump/Briar Hall Country Club, Briarcliff Manor, NY Trump/Seven Springs Golf Course/Residential Development, Bedford, New Castle and North Castle, NY Village on the Fairways Planned Development District, Brookhaven, NY Wampus Estates, Thomas Wright & Sands Mills Subdivisions, New Castle and North Castle, NY Whippoorwill Meadows Subdivision, New Castle, NY Whippoorwill Woods Subdivision, New Castle, NY Open Space, Environmental and Recreational Plans Prepared Briarcliff Manor, NY, Large Parcels Study; Parks and Recreation Facilities Planning Cortlandt, NY, Open Space Mapping and Analysis Darien, CT, Open Space Study, Open Space Brochure Greenwich, CT, Open Space Plan Mill Neck, NY, Comprehensive Environmental Plan Mount Pleasant, NY, Wetlands Priority Study; Open Space Plan Nassau County Open Space Plan Newtown, CT, Open Space Plan North Castle, NY, Upper Mianus River Basin Study; Open Space Study North Shore Villages (L.I.), NY, Environmental Plan Oyster Bay Cove, NY, Open Space Preservation Study Pomona, Burgess Meredith Park Pleasantville, NY, Recreation & Parks Master Plan Rochester (Town), NY, Watershed Master Plan Rye Brook, NY, Recreation and Park System Master Plan Wawarsing, NY, Watershed Master Plan Westchester County, NY, Soil and Water Conservation District, Saw Mill River Valley Runoff and Catchment Study 9 FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD Wetland and Environmental Regulations Prepared Bedford, NY Greenwich, CT Lewisboro, NY Lloyd Harbor, NY New Castle, NY Ossining (Town), NY Pomona, NY Pound Ridge, NY Rye Brook, NY Somers, NY Wappinger, NY Yorktown, NY Wetlands Mapping Prepared Briarcliff Manor, NY Cortlandt, NY Cove Neck, NY Lattingtown, NY Lewisboro, NY Matinecock, NY Muttontown, NY Mount Pleasant, NY North Castle, NY Oyster Bay Cove, NY Upper Brookville, NY Yorktown, NY Natural Resource Inventories Prepared Briarcliff Manor, NY Buchanan, NY Cortlandt, NY Darien, CT Greenwich, CT Lloyd, NY Mill Neck, NY Mount Pleasant, NY New Castle, NY Newtown, CT North Shore Area (L.I.), NY Old Brookville, NY Ossining, NY Oyster Bay Cove, NY Pleasantville, NY Pound Ridge, NY Ridgefield, CT Rye (Town), NY Shandaken, NY Somers, NY Yorktown, NY TRANSPORTATION SERVICES Since transportation services were first offered by the firm in 1978, more than 500 projects (excluding those related to planning projects) have been successfully completed. Most have been traffic engineering studies related to land development projects. Some of the types and locations of these studies are listed below. Residential Projects - More than 200 studies have been completed for projects ranging in size from small single-family subdivisions to multi -family developments with more than 1,000 units. These projects have been located in: 10 FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD Westport, CT Staten Island, NY Stamford, CT Monroe, CT Monroe, NY Litchfield, CT Norwalk, CT Yonkers, NY Southeast, NY Danbury, CT Fairfield, CT Hartford, CT West Hartford, CT Darien, CT Patterson, NY Newport, RI Greenwich, CT Farmington, CT Ramapo, NY Shopping Centers - Retail developments, including several in excess of 1,000,000+ square feet, have accounted for approximately 90 traffic access/impact studies. Examples of the communities in which the studies have taken place include: Orange, CT Milford, CT Southeast, NY Ramapo, NY Fairfield, CT Pittsfield, MA Staten Island, NY Dover, DE Yonkers, NY Norwalk, CT North Haven, CT Saratoga Springs, NY Chesterfield, NH Port Chester, NY Southeast, NY Office/Conference Center Developments - Access studies for a variety of office buildings and office parks have been completed for more than 80 clients including both private developers and major corporations such as MasterCard, Equitable Realty, Xerox, Miles Laboratories, and others. These projects range from small, single buildings to multiple building developments of 1 million square feet. Monroe, CT Milford, CT Southeast, NY Greenwich, CT Southeast, NY White Plains, NY East Fishkill, NY Bridgeport, CT Norwalk, CT Boulder, CO Bethesda, MD Brookhaven, NY Fairfield, CT Industrial Parks - About 30 industrial park studies, for projects as large as 4,000,000 square feet, have been completed in: Southeast, NY West Haven, CT Hamilton, NJ Seymour, CT Brookhaven, NY North Haven, CT Smithtown, NY Bethel, CT Ramapo, NY Area Traffic Studies - These projects -- approximately 30 -- include analyses of traffic operations/circulation in large areas of municipalities or, in some cases, long-range projections of traffic demands/needs within principal travel corridors. 11 FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD Rye, NY Croton, NY Scarsdale, NY Wappinger, NY Bridgeport, CT Andover, CT New Canaan, CT Ridgefield, CT Fairfield, CT Norwalk, CT Hamden, CT School Studies - School studies include analyses for approximately 40 new or expanded elementary, middle and high schools as well as colleges and universities. Analyses were completed for vehicular and pedestrian access and circulation and parking layouts. Representative communities include: Fairfield, CT Westport, CT Greenwich, CT New Canaan, CT Norwalk, CT Stamford, CT Watertown, CT Ridgefield, CT Farmington, CT Rye City, NY Peekskill, NY Weston, CT Hartford, CT Vernon, CT Sterling, CT New Milford, CT Bridgeport, CT Ramapo, NY Yonkers, NY Valhalla, NY Glastonbury, CT Irvington, NY Parking Studies - Parking studies involving demand projections, economic feasibility, and/or preliminary design of facilities have been undertaken for about 25 parking authorities, hospitals, and developers. Representative communities include: Buffalo, NY New York, NY Bridgeport, CT Irvington, NY Briarcliff Manor, NY Golf Courses - Norwalk, CT New Milford, CT West Haven, CT Newport, RI Stamford, CT Derby, CT Scarsdale, NY East Hartford, CT (UConn Stadium) Darien, CT Monroe, CT Long Island, NY Hartford, CT Point Pleasant, NJ Fairfield County, CT Shelton, CT North Castle, NY Briarcliff Manor, NY Other Projects - More than 150 other transportation projects have been completed including: Hotel traffic impact Transportation development plans Video arcade traffic License plate surveys Age -Restricted Residential 12 Conference Centers JaiAlai traffic Marina traffic Travel time studies Corridor studies FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD Minor League Baseball UConn Football Stadium SPECIAL CONSULTING SERVICES Adelphi University, Garden City, NY (Campus Site Plan) City of Beacon, NY (Local Waterfront Revitalization Plan) Town of Bedford, NY (Interstate Highway Land Use Corridor Study) Berco Development Corporation (Cluster Residential Development - Irvington, NY) BJ's Warehouse Club/United Artists Theatres (Special Exception Permit) Village of Briarcliff Manor Recreation Commission (Park and Recreation Facilities Planning) Village of Bronxville, NY (PUD Zoning) Brown, Daltas & Associates, Architects, New York, NY (State University Project) Buffalo Creek Builders (Subdivision Study) Byram Hills School District (Enrollment Projections) Castle -Brookfield Associates, Brookfield, CT (Cluster Development Design and Regulations, Traffic Analysis) Chappaqua School District (Enrollment Projections) Joseph Cioccolanti, Brewster, NY (Density Transfer Development) Coachlight Properties, Inc. (Cluster Plan and EIS) Connecticut Land Co. (Environmental and Site Development Studies) Village$of Cove Neck, NY (Residential Development Impact Study) Delaware County Planning Department (Town and County Planning Base Maps) Delco Development Corporation (Shopping Center Development - Port Washington North, Hicksville, Plainview, Roslyn and East Northport, NY) Development Enterprises, Inc. (Rezoning Application - Clarkstown, NY) The DiCanio Organization (Site Master Plan and EIS) DIV Fifty, LLC — The Davis Companies (Rezoning for Office Park Expansion - Wilton, CT) Eaton Corporation (Office Park Subdivision - Huntington, NY) Emery Air Freight (Rezoning - Wilton, CT) Village of Garden City, NY (Special Site Development - Garden City Hotel) Gibraltar Management Corporation (Shopping Center - East Fishkill) Ginsburg Development Corporation (Site and Subdivision Plans and EIS) Town of Greenwich, CT (Community Facilities Plan and Three Neighborhood Plans) Gugler, Kimball & Husted, Architects, New York, NY (Air Force Academy Planning Study) Guilford Preservation Alliance and the Town of Guilford, CT (Master Plan for Preservation and Scenic Conservation) Hartz Associates (Subdivision Plan and EIS - Irvington, NY) Hempstead Harbor Area Plan, Town of North Hempstead, NY Town of Hempstead, NY (Zoning Study of Roosevelt Raceway Site: Environmental Impact Statement) Hercer Corporation (Planned Residential Development - Town of East Fishkill, NY) Holiday Management Associates (Rezoning and Development Applications - Commack and Holbrook, NY) 13 FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD SPECIAL CONSULTING SERVICES (Cont'd.) Instrument Systems Corporation (Site Plan and Rezoning Application) A.M. Kahn, Rye, NY (Zoning and Site Development Study) Kent Land Trust (Kent Gateway Preservation Study) King Kullen Supermarkets (Rezoning - Long Island, NY) Edward Klein, Rye and Yorktown, NY (Cluster Subdivision Designs and Processing, Site Development Studies, Site Acquisition Analyses) Village of Lansing, NY (Annexation Study) Legro Corp. Shopping Center, Airmont, NY William Lese (Site Development Study) Town of Lewisboro, NY Town of Lloyd, NY (PUD Regulations; Mobile Home Trailer Park Regulations) Maharish: Global Development Fund (Subdivision — Long Island, NY) Lawrence Malawista, Torrington, CT (Housing Market Analysis and Planned Unit Development Plan) McGovern-Barbash Associates, Huntington, NY (Office and Residential Rezoning; Environmental Impact Statement) Minkin Subdivision, Roslyn Harbor, NY Mountain Laurel Homes (Cluster Study - Newtown, CT) J. Monroe and Dr. N. V. Peals, Pawling, NY (Environmental Analysis and Site Development Study) The Nature Conservancy, Northeast Region, Boston, MA (Open Space Preservation Plan) (Conservation/Open Space Plan for the Thomas E. Dewey Farm) Alan Nevas, Westport, CT (Designed Development District, Zoning Impact Study) Town of New Canaan, CT (Business Office and Laboratory Development Study) New York Racing Association (Aqueduct Racetrack Parking Study) Town of North Castle, NY (Office Development Study) North East Recovery, Regional Automotive Recycling Center, Marlboro, NY (Noise Impact Study) Northrop -Grumman (Office Park) Village of Old Brookville, NY (Land Use -Transportation Corridor Study) Town of Ossining, NY (Designed Multi -Use Development District Legislation) William S. Paley (Zoning Consulting Services) Pequot Capital Limited (Site Plan — CT) Charles Persico (Rezoning Application - Residential/Conservation PUD School Building Conversion) Village of Port Chester, NY (Urban Redevelopment) Quaker Hill Civic Association, Pawling, NY (Cluster Development Plan Analysis) Realex Capital Corp. (Subdivision Plan and EIS) Redco Corporation (Multi -Family Rezoning Application - Oyster Bay, NY) Jon Rehnberg (Site Development Analysis) Reiter Associates (Site Planning, Zoning and Environmental Services) Ridgeway Country Club, White Plains, NY (Wetlands Permit) 14 FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD SPECIAL CONSULTING SERVICES (Cont'd.) Roseland Property Company (Mixed Use Development - CT) Village of Roslyn, NY (Hillside Zoning and Development Study, Waterfront Development Study, Highway Oriented Property Study) RWF Realty, Montauk, NY (Zoning Study) City of Rye, NY (Downtown Parking Studies) William F. Saunders, Brookfield, CT (Site Planning and Traffic Analysis) William F. Saunders, Brookfield, CT (Multi -Family Rezoning Application - Danbury, CT) Tarrytown House Executive Conference Center, Tarrytown, NY Village of Scarsdale (Athletic Field Site Selection) Share Corporation, Great Neck, NY (Chabad Pre -School) Shimizi Corporation (Keio High School Zoning Amendments, Special Exception and Site Plan — Harrison, NY) South Western Regional Planning Agency (Population Study) Southampton Land and Realty Corporation (Southampton Hills Subdivision) Southern Connecticut Land Corporation, Brookfield, CT (Traffic Analysis) Spring Lake Building Corp. (Market Analysis and Shopping Center Plan) Sterling Forest Corporation (Environmental Analysis and Planning and Zoning Services) Syracuse Brothers (Titus Mill Marina Site Plan - New Rochelle, NY) Travelers Realty, Mount Kisco, NY (Site Plan) Tuxedo Park Associates (Planned Residential Development - Tuxedo, NY) Tuxedo Park Associates (Master Plan for TPA Properties - 3,000 Acres) U-Haul, Clarkstown, NY (Special Permit) Uris Office Study, Pound Ridge, NY (Office Site Development) Village of Spring Valley Annexation Westchester County Department of Planning (Land Use and Population Inventory and Projections for '208' Program) Westchester Modular Homes (Subdivision and Site Development Planning and Environmental Impact Statements) Winthrop University Hospital, Mineola, NY (Planning, Parking and Traffic Studies; DEIS) EXPERT TESTIMONY Bleakley & Harding, Yonkers, NY Bleakley Platt & Schmidt, White Plains, NY Brown and Hall, Pleasantville, NY Burstein and Marcus, White Plains, NY Cahill, Gorden, Sonnet, Reindel and Ohl, New York, NY Cooper, Erving, Savage, Whalen, Nolan and Heller, Albany, NY 15 FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD EXPERT TESTIMONY (Cont'd.) Cummings & Lockwood, Stamford, CT Farrell, Fritz, P.C., Uniondale, NY Feltman, Karesh & Major, New York, NY Flynn & Flynn, Huntington, NY Forchelli, Schwartz, Mineo, Carlino & Cohn, LLP, Mineola, NY George Forbes, Larchmont, NY Gehrig, Ritter, Coffey & Stein, Hempstead, NY Gregory & Adams, Wilton, CT Hartsdale Fells Association, Greenburgh, NY Koeppel, Sommer, Lesnick & Martone, P.C., Mineola, NY Lehman, Goldmark & Rohrlich, New York, NY McGovern, Connelly & Davidson, New Rochelle, NY McGroddy and Davidson, Mount Kisco, NY Nevas, Nevas & Rubin, Westport, CT New York Power Authority, New York, NY North Shore Mayors' Joint Municipal Survey Committee, Oyster Bay, NY John Parker, Wilton, CT Paul, Weiss, Rifkind, Wharton and Garrison, New York, NY Payne, Wood & Littlejohn, Glen Cove, NY James M. Pollock, White Plains, NY Rathkopf and Rathkopf, Glen Cove, NY Schechter, Schechter & Kenney, Smithtown, NY Shamberg Marwell Cherneff & Hocherman, Mount Kisco, NY Snitow & Pauley, New York, NY Stroock Stroock and Lavan, New York, NY Suozzi, English & Klein, Mineola, NY Twomey, Latham, Shea & Kelly, Riverhead, NY Tyler, Cooper, Grant, Bowerman & Keefe, New Haven, CT Veder, Price, Kaufman, Kammholz & Day, Chicago, IL John E. Watkins, Jr., Esq. Wekstein & Friedman, Yonkers, NY Attorney General, State of Connecticut Attorney General, State of New York County Attorney, Dutchess County, NY County Attorney, Westchester County, NY City of Yonkers, NY Town of Brookhaven, NY Town of Huntington, NY 16 FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFIELD, CONNECTICUT EXPERIENCE RECORD EXPERT TESTIMONY (Cont'd.) Town of New Castle, NY Town of Patterson, NY Town of Somers, NY Village of Ardsley, NY Village of Briarcliff Manor, NY Village of Spring Valley, NY Village of Upper Nyack, NY Other cases for regular municipal clients j:\docs2\office\resume\current\experience record 2010.doc:ev 17 Appendix B SEQRA Flowchart 1 1 STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) PROCESS FLOWCHART FOR ACTIONS INVOLVING MORE THAN ONE AGENCY (See Notes 2 and 3) 20 DAYS MAX_ FROM WHICHEVER OCCURS LATER 1 Acton proposed 2 DeterminyL applicability of SEOR TYPE I and UNLISTED ACTIONS - see 617.4 and 6172(ak) 3 Determinewhether other agencies are involved; it Federal agency L Involved see 617.15 4 Preliminaarry classification of action TYPE I ACTION 5 Full EAF/Pad 1 prepared by project sponser 4. 6 Initiate coordinated review and lead agency 30 designation by circulating MI EAF/Pan 1 and DAYS any application to all involved agencies MAX. 4 7 Establish lead agency - see 617.6(b)(5) for disputes 8 Submission of additional information, d required, to make determination of significance - see 617.7 Full EAF/Part 2 prepared by lead 9 Full EAF/Pert 2 apapered by lead agency; Positive agency; Negative Declaration Declaration prepared, filed and pubfislad by Mad agency prepared, filed and published by lead J, agency - also see 617.7(e) and 617.7(q 10 Smiting (optional) initiated by project sponsor or lead agency; 4, 60 draft scope prepared by project sponsor and 13culated to all DAYS involved agencies by lead agency - tee 617.E MAX 11 Final scope adopted by teed agency and filed with all involved agencies if step 10 is completed 12 DEIS prepared and submitted to lead agency 45 DAYS MAX FOR INITIAL SUBMISSION; 13 DEIS reviewed by reed agency with respect to scope 30 DAYS MAX. FOR and Content RESUBMISSION END OF SEOR PROCESS Make decision on action 60 DAYS MAX. IF NO PUBLIC HEARING IS HELD, UNLESS EXTENDED 30 DAYS MAX 45 DAYS MAX. AFTER CLOSE OF PUBDC HEARING. UNLESS EXTENDED IO DAYS MIN. 14 DEIS accepted by led agency for purpose of colme:ming pubic review; Notice of Completion prepared, filed and published by led agency; DEIS filed by led agency 15 Led agency determines whether DEIS pudic hearing sho4d be held; t yes. Notice of Hearing prepared. filed and published by led agency; if no, confine with step 17 16 Public hheearkg on DEIS held by lead agency 17 Public comments submitted to lead agency for consideration DEIS not accepted; return to step 12 14 DAYS MIN. D.10 DAYS MIN. 15 DAYS MIN. 60 DAYS MAX. 18 FEIS prepared by or on behalf of lead agency 19 Notice of Completion prepared, filed and published by lead agency; FEIS filed by lead agency 20 Public comments subnitted to lead agency for consideration 21 Findings statement prepared and filed by each involved agency prior to taking action END OF SEOR PROCESS Make decision on action 4. Negative Declaration prepared. filed and puaighed by Mad agency END OF SEOR PROCESS Make decision on action TYPE IIACTIONS - see 617.5 i END OF SEOR PROCESS 4. Make decision on action UNLISTED ACTION Short EAF or full EAF/Part 1 prepared by project sportier Steps 6 end 7 (atlet) are optional at this point 4 Submission of additional information, if required. to make determination of significance - see 617.7 Short EAF/Parts 2 and 3 or Full EAF/Part 2 prepared by involved agency; Positive Declaration prepared by involved agony; coordination required; return M steps 6 through 8; then MI EAF/ Part 2 prepared by lead agency; Positive Dedereeom prepared, filed and pubfehd by lead agency; continue with step 10 (M left) 30 DAYS MIN. 30 DAIS MIN. Fuft EAF/Part 2 prepared by lead agency; Conditioned Negetne Declaration prepared, fled and published by lead agency; this option can only be used for applicant -sponsored aLtk,ro when 1u11 EAF is prepared and after coordinated review - see 617.759(1); return to steps 5 through 8 (at left) 9 not already completed Public comments submitted 10 lead agency for consideration Conditioned Negative Declaration rescinded; Positive Declaration prepared, Ned and published by lead agency - see 617.7(d)(2) and 617.7(d)(3); continue with step 10 (at let) 4. END OF SEOR PROCESS Make decision on action Shot EAF/Parts 2 and 3 or full EAF/Pert 2 prepared by each evolved agency; Negative Declaration pd prepared afiled by each involved agency - see 617.6(b)(4); also see 617.7(e) and 817.7(1) END OF SEOR PROCESS Make decision on action 20 DAYS MAX. FROM WHICHEVER OCCURS LATER NOTES 1. All references (indicated refer to 6 NYCRR Part 617 adopted September 20, 1995, effect:. January 1, 1996. 2. These procedures apply to actions for which a determination d sgri®mm was not made prior to January 1, 1996. M other actions neat comply with 6 NYCRR Part 617 adopted March 6,1987, effective June 1,1967. 3. For review of actions involving a single agency, tee 617.6(b)(1) in lieu of steps 6 and 7. 4. Steps 10 onward also apply to preparation of SETS and GEIS - see 6172(e)(7) and 617.10, respectively. 5. In general, time periods may be extended by mutual agreement between the applicant and the lead agency. with notice provided to all other hrvoled agencies by the feed agency. FREDERICK P. CLARK ASSOCIATES, INC. Planning/Deveiopment/Environment/Transportation 350 711600ote Frenid Avenue Rye, New York 10580 (914)9874540 • (203) 255-3100 • (516) 364-4544 FAX (9 4) 067-6615 • emall@fpclark.com • www.fpclark.com dark Associates, Inc. is a multidisciplinary consulting firth that has been engaged Pie since 1950. It specializes in community planning; zoning and other t��; site analysis and land development; environmental analysts; landscape ir_��� fhation planting; and SEOR adrwmisbation. by Frederick P. Clark Associates, Inc__._._ arc-rnvc�+.smmm McCABE & MACK LLP DAVID L. POSNER ELLEN L. BAKER SCOTT D. BERGIN RICHARD R. DuVALL LANCE PORTMAN RICHARD J. OLSON MATTHEW V. MIRABILE KIMBERLY HUNT LEE REBECCA M.BLAHUT IAN C. LINDARS SEAN M. KEMP JESSICA J. GLASS CARLA S. TESORO MICHAEL P. BERSAK MICHAEL J. CARROLL DIRECT TELEPHONE: (845) 486-6896 E-MAIL: rolson@mccm.com February 15, 2013 Ms. Inez Maldonado Secretary to the Supervisor 20 Middlebush Road Wappingers Falls, NY 12590 ATTORNEYS AT LAW 63 WASHINGTON STREET POST OFFICE BOX 509 POUGHKEEPSIE, NY 12602-0509 TELEPHONE: (845) 486-6800 FAX: (845) 486-7621 wwW.mccm.com FEB 2 5 2013 Re: Town of Wappinger Attorney Proposal Dear Ms. Maldonado: PHILLIP SHATZ J. JOSEPH McGOWAN ALBERT M. ROSENBLATT THOMAS D. MAHAR, JR. RALPH A. BEISNER JESSICA L. VINALL KELLY L. TRAVER MICHAEL A. HAYES, JR. (Retired) HAROLD L. MANGOLD (Retired) JOHN E. MACK (1874-1958) JOSEPH A. McCABE (1890-1973) EDWARD J. MACK (1910-1998) JOSEPH C. McCABE (1925-1981) Supervisor Office FEB 152013 Received In response to the request for proposal (RFP) for attorney services dated January 18, 2013 I enclose nine (9) copies of our firm brochure together with the summary of information requested in the RFP relating to our firm's ability to perform the required services. Additionally, and as set forth in your proposal, our fee structure for municipal services is based upon a reduced hourly rate of $175 per hour for all services performed by our attorneys. There is no separate charge for secretarial or administrative services. The only additional costs would be necessary third party charges required for services to the Town such as stenographic or any other third party charge not provided by this firm. Depending on the specific requirements of the Town we are also willing to discuss a fixed fee retainer for our legal services. I trust that this submission is responsive to the RFP and would welcome the opportunity to discuss this further with the Town Board. Very truly yours, ABE : MA LLP te so RICHARD J. O ON RJO/me RESPONSE TO TOWN OF WAPPINGER ATTORNEY PROPOSAL The law firm of McCabe & Mack, LLP hereby respectfully submits its proposal to provide legal services to the Town Wappinger in response to the Request for Proposal dated January 18, 2013. McCabe & Mack, LLP is a full service law firm based in Poughkeepsie, New York with its origins dating back to 1896. The firm is comprised of twenty-two lawyers providing a wide range of legal services. Each of the lawyers also is active within our community serving many leadership roles in various not -for -profit and community based organizations. The municipal law department is led by Richard Olson, a partner in the firm, who would be the primary contact and service provider for the Town. Rich has practiced in the municipal law field for thirty years having started as a municipal defense litigator in New York City and upon relocating to the Hudson Valley in 1986 has served various Town and Village Boards in many capacities. Rich served as the Deputy Town Attorney in the Town of Poughkeepsie for ten years handling the responsibilities of advising the Town, Planning and Zoning Boards of that municipality. He was Deputy Town Attorney in the Town of Hyde Park between 1996 and 1999 and currently serves as the Village Attorney in the Villages of Rhinebeck and Red Hook. While Rich is the primary contact and lead attorney in the department he has the benefit of many years of experience provided by two of our senior counsel to the firm. Thomas D. Mahar, Jr. served as the Town Attorney in the Town of Poughkeepsie for twenty years at a time when the position was structured as a full time employee of the Town. Tom not only has a broad range of knowledge of town government but has over forty years of experience in counseling municipal clients on civil service issues. J. Joseph McGowan has over forty years of experience specializing in tax certiorari matters on behalf of municipalities in the area. Additionally the firm benefits from a litigation department which has defended municipalities throughout New York State in a wide range of claims from slip and falls to civil rights actions. Current references can be obtained by contacting the Mayor of the Village of Rhinebeck, James O. Reardon, either by calling the Village Hall at 876-7015 or by e-mail at village.mayor@rhinebeck-ny.gov ; or the Mayor of the Village of Red Hook, Edward Blundell, either by calling the Village Hall at 758-1081 or by e-mail at blundell@,frontiernet.net. MCCABE & MACK LLP ATTORNEYS AT LAW Over a Century of Service Richard J. Olson Partner Practice Areas: Municipal Law Land Use and Environmental Residential and Commercial Real Estate Banking and Secured Lending CONTACT RICHARD J. OLSON AT: 845-486-6896 rolsort@mccm.com Municipal Land Use and Environmental: Representation of both municipal clients and developers to assist in navigating the regulatory maze of approvals through local land use and state environmental regulations. Residential and Commercial Real Estate: Representation in all phases of real estate transactions from single family home purchase through the acquisition and financing of large scale commercial development projects. Banking and Secured Lending: Represents banks, credit unions and other lenders in all aspects of residential and commercial lending. MCCABE & MACK LLP ATTORNEYS AT LAW Over a Century o/Service Thomas D. Mahar, Jr. Counsel Practice Areas: Arbitration and Mediation Municipal Law, Labor Relations, CONTACT THOMAS MAHAR AT: 845-486-6855 tmahar@rnccm.com Arbitration and Mediation: Arbitrator with the American Arbitration Association for labor relations. Arbitrator for NYS/CSEA disciplinary panels. A hearing officer for school districts, Civil Service issues, and various private sector contracts. Municipal Law: Attorney for the Town of Poughkeepsie from 1987-1993, and from 2002-2009. Provided representation and general counsel to the Town Supervisor, Town Board, Superintendent of Highways, Receiver of Taxes, Town Clerk, Building, Zoning and Planning Departments, Assessor, Fire Inspector and all administrative agencies and department heads. Prepared ordinances, resolutions and local laws. Wrote and enforced local town laws, zoning laws and site plan approvals, including enforcement of letters of credit and bond actions. Attorney for the Town of Hyde Park Town Board, Planning Board and Zoning Board of Appeals from 1996-2001. Labor Relations: As Regional Attorney for the New York State Civil Service Employees' Association (CSEA) from 1973- 1989, I presented over 400 public sector labor arbitrations. Represented public employees in disciplinary and contract grievances, discharge and termination cases, Article 78 proceedings (including appeals to the Appellate Division and Court of Appeals), job actions, and contract negotiations. Administered and negotiated collective bargaining agreements between educational and municipal employers and their employees. Former instructor for Cornell School of Labor Relations Extension Courses and for N.Y. State CSEA on employment related matters including grievances, arbitrations, disciplinary actions, strikes, strike penalties, rights of probationary employees and contract interpretation. As Town Attorney, I represented management in all labor relations matters, administered and negotiated collective bargaining agreements for civilian and police personnel, and defended .Article 78 proceedings. Represented Arlington Professional Firefighters Association 1985-2002. MCCABE & MACK LLP ATTORNEYS AT LAW J. Joseph McGowan Counsel Practice Areas: Commercial Real Estate Secured Lending Tax Certiorari CONTACT JOSEPH MCGOWAN AT: 845-486-6864 jmcgowan©mccm.com Commercial Real Estate: Joe McGowan has been actively involved in all types of commercial real estate transactions for over four decades. Such transactions include purchases, sales, leases and financing. The subject proper- ties include multiple family dwellings, institutional properties and commercial/industrial properties of all types. Secured Lending: Representing a variety of financial institutions and borrowers, Joe has worked on a multitude of se- cured lending projects, covering not only commercial, industrial and institutional real property, but aircraft, vessels, machinery and other personal property. Numerous financings have been through bonds issued by local Industrial Development Agencies and the Dormitory Authority of the State of New York. Tax Certiorari: Since 1967 Joe has represented municipalities and taxpayers in proceedings with respect to real property tax assessments. He was the proponent of the rule that once a municipality has granted a real property tax exemption, the burden of proof that the property is subject to taxation is on the mu- nicipality if it thereafter withdraws that exemption (New York Botanical Garden vs. Assessors of the Town of Washington, 55 N.Y.2nd 328). CONSIDER OUR FIRM YOUR ADVOCATE Welcome to McCabe & Mack LLP, one of Dutchess County's largest and longest -established law firms. From our office in Poughkeepsie, we represent clients throughout the Hudson Valley, from New York City to the Albany area, in state and federal courts at all levels. IiII"t{{�z�€� as >r3f= itfi il�iFal E, f��1lMltf It �Il P: as Now IN OUR SECOND CENTURY, WE ARE FORTIFIED BY THE STRENGTH OF OUR PAST AND DEDICATED TO THE FUTURE, GUIDED BY OUR ONGOING COMMITMENT TO PERSONAL INTEGRITY, SERVICE EXCELLENCE AND COMMUNITY INVOLVEMENT... McCabe & Mack has earned a reputation for creative, cost-efficient approaches to complex disputes both inside the courtroom and out. In our second century of service, our firm bears the same high standards and commitment to professional excellence that have guided its practice from the beginning. The firm of McCabe & Mack has evolved and grown over the years to meet our clients' emerging needs. Our attorneys have a strong service ethic that has contributed to long-standing client relationships with local, regional and national businesses, not -for -profit organizations, financial institutions, municipalities, individuals and families. MEET OUR PRACTICE GROUPS The attorneys of McCabe & Mack combine business acumen with the legal skills and experience that enable them to help a broad range of businesses and organizations to grow and thrive. With a blend of talents and diverse backgrounds, they ably handle every aspect of each client's legal requirements. None of the following groups stands alone. Each is strengthened by regular reliance and easy access between the Groups. Thus, McCabe & Mack can provide efficient and coordinated legal services for your personal, business, litigation and transactional needs. BANKING AND SECURED LENDING McCabe & Mack has decades of experience representing banks, credit unions and other lenders, as well as borrowers in all types of financing transactions, general business matters and lien enforcement. This experience enables us to offer our clients the ability to efficiently and economically handle all matters from the simple to the highly complex. Our secured lending experience includes liens on real and personal property as well as on aircraft and vessels. The fine has represented borrowers and lenders in numerous financings through bonds issued by local Industrial Development Agencies and the Dormitory Authority of the State of New York and in transactions guaranteed by the U.S. Small Business Administration. Residential and commercial mortgage loan closings are a core component of this Group's practice. "OUR FIRM WAS BUILT ON THE CONCEPT THAT THE LAW AND PUBLIC SERVICE GO HAND -IN -HAND, AND IT CONTINUES IN THAT TRADITION TO THIS DAY." CONDEMNATION AND TAX ASSESSMENT The Condemnation and Tax Assessment Group represents property owners in real property tax assessment challenges, as well as property owners subject to condemnation. CREDITOR'S RIGHTS, BANKRUPTCY AND REORGANIZATION Today's bankruptcy code is a complex maze requiring seasoned counsel. McCabe & Mack's Bankruptcy Group has outstanding experience in this area, representing secured and unsecured creditor clients including banks, credit unions, financial institutions, businesses and individuals in all chapters of bankruptcy. In the process, lawyers from the Group attend meetings of creditors, file proofs of claim, obtain relief from stay and handle adversary proceedings and other bankruptcy litigation. CRIMINAL AND TRAFFIC LAW Over many years of practice, this Group has developed relationships with local prosecutors and law enforcement agencies. This gives us the ability to handle criminal offenses (felonies and misdemeanors), violations and traffic infractions with both discretion and vigor. McCabe & Mack attorneys defend a wide variety of cases ranging from simple to complex, including DWI and license related problems. They provide efficient and cost-effective representation to clients for cases pending in Dutchess, Ulster, Columbia, Putnam and Orange Counties. ELDER LAW, TRUSTS AND ESTATES As Americans age, the services provided by this Group, a team of lawyers and legal assistants who handle all aspects of estate planning and administration, become increasingly crucial. The personal and financial goals of our clients are always the primary focus of our planning process. After meeting and talking with our clients to determine their goals, we prepare the necessary legal documents to effectuate an appropriate plan designed to achieve the desired results. Among our services are preparation of: • wills (both simple and complex) • revocable and irrevocable trusts • supplemental needs trusts • life insurance trusts • generation skipping trusts • charitable trusts In addition. we assist executors, administrators, trustees. and beneficiaries to ensure the proper administration of trusts and estates: and help disabled persons and their families to handle the complexities of guardianships, trusts and long-term planning. We also advise AL SERVI — TO THE H U DSO N VALLEY ngest-established -lout the Hudson at all levels. ie, cost-efficient oom and out. In e high standards uided its practice n over the years a strong service lationships with it organizations, families. 5 acumen with the r broad range of i blend of talents requirements. reliance and easy and coordinated Is. 'Mons and other ;eneral business ;nts the ability to hly complex. rty as well as on serous financings the Dormitory the U.S. Small t of this Group's "ACCESSIBILITY AND RESPONSIVENESS ARE PART OF THE FABRIC OF THE FIRM. CLIENTS HAVE OUR DIRECT LINE AND WHEN THEY CALL US, WE ANSWER." BUSINESS AND CORPORATE LAW Our Business and Corporate Law Group represent clients in all aspects of business formation and management. From the creation of a new entity through the sale or purchase of an ongoing enterprise, we offer our clients guidance on creating the business structure that best meets their needs. ALONG HISTORY OF SERVICE TO THE HUD S O N' VALLEY The law firm of McCabe & Mack dates back to 1896 when its founder, John E. Mack opened his law practice in ^oughkeepsiE He also enjoyed a distinguishati career of c service, including two terms as DutChess County istrict Attorney. In 19,32 and'again iill 19,3 .e was chosen to lace the name of hts Friend Franklin "Delat Roosevelt n minetionfor the Pr st fancy of the tote ate Over th i967 thekgrowing ackfir Em�pi l g 13 MW Strew rich abuttetl the bac ar of the McC abe Yt McCabe la ffioe at 42 Catharine Street $The Ma l<s Ott d t6�lgCebes had een; acquainted sine:.John Mataks earl est days;atsthe.bar. After the death an 197 t 4f ioseph A McCabe, the founding' father ofithe McCabe& McCabe law firm; his son Joseph-C. McCabe began tottalk with Ed :Mack about merging the two law `f¢ms.. The merger was,. completed in 1974. Ed 'Mack retired from -active In,1376 but ;iemainedcounsel the firm for the rest of hts fife., Joseph - C.'McCabe continued as feeder of the firm until his death in 1981'.. The merged firm, McCabe & Mack, occupied 42 Catharine Street. As the firm grew with the addition of partners and the merger in 1982 with the Phillip Shatz firm it required more Space. After deciding to remain in downtown Poughkeepsie, the firm "built its own building at 63 Washington Street in 1985. Following -the merger with the Harold Mangold firm in 1994, the McCabe & Mack offices came to occupy the entire building. Once the appropriate entity is created, the Group negotiates and drafts employment, limited liability company, partnership, corporate (including shareholder and buy -sell agreements) and operational documents. We draw upon the resources of the firm's Real Estate, Creditor's Rights, Commercial Litigation and Trust and Estate Groups, to provide complete services for our business clients. Attorneys in the Group regularly counsel owners and investors in multi -million dollar transactions; small family business owners seeking guidance and representation; and borrowers and lenders in industrial development agencies and similar bond financing. In addition, we prepare and file liquor license applications with the New York State Liquor Authority. We also form and advise not -for -profit corporations and professional practices. COMMERCIAL LITIGATION Commercial litigation has been a foundation of the firm's practice. We represent individuals, banks, financial institutions and businesses of all sizes in the prosecution and defense of commercial litigation in State and Federal Courts. We prosecute and defend cases encompassing a variety of issues, including: • disputes between shareholders • engineer and accountant malpractice • landlord and tenant disputes • residential and commercial construction claims and defense • easement, driveway, and right-of-way disputes • real estate contract litigation • debt collection From pre -suit negotiations and pre -judgment remedies (including injunctions and attachments), through trial judgments, to post -judgment enforcement and appeal, the Commercial Litigation Group draws on a wealth of experience to achieve the best results OUR FIRM WAS BUILT ON THE CONCEPT THAT THE LAW AND PUBLIC SERVICE GO HAND -IN -HAND, AND IT CONTINUES IN THAT TRADITION TO THIS DAY." CONDEMNATION AND TAX ASSESSMENT The Condemnation and Tax Assessment Group represents property owners in real property tax assessment challenges, as well as property owners subject to condemnation. CREDITOR'S RIGHTS, BANKRUPTCY AND REORGANIZATION Today's bankruptcy code is a complex maze requiring seasoned counsel. McCabe & Mack's Bankruptcy Group has outstanding experience in this area, representing secured and unsecured creditor clients including banks, credit unions, financial institutions, businesses and individuals in all chapters of bankruptcy. In the process, lawyers from the Group attend meetings of creditors, file proofs of claim, obtain relief from stay and handle adversary proceedings and other bankruptcy litigation. CRIMINAL AND TRAFFIC LAW Over many years of practice, this Group has developed relationships with local prosecutors and law enforcement agencies. This gives us the ability to handle criminal offenses (felonies and misdemeanors), violations and traffic infractions with both discretion and vigor. McCabe & Mack attorneys defend a wide variety of cases ranging from simple to complex, including DWI and license related problems. They provide efficient and cost-effective representation to clients for cases pending in Dutchess, Ulster, Columbia, Putnam and Orange Counties. ELDER LAW, TRUSTS AND ESTATES As Americans age, the services provided by this Group, a team of lawyers and legal assistants who handle all aspects of estate planning and administration, become increasingly crucial. The personal and financial goals of our clients are always the primary focus of our planning process. After meeting and talking with our clients to determine their goals, we prepare the necessary legal documents to effectuate an appropriate plan designed to achieve the desired results. Among our services are preparation of: • wills (both simple and complex) • revocable and irrevocable trusts • supplemental needs trusts • life insurance trusts • generation skipping trusts • charitable trusts In addition, we assist executors, administrators. trustees, and beneficiaries to ensure the proper administration of trusts and estates: and help disabled persons and their families to handle the rmmnlexitiec of onarrlianchinc trncts and lone -terns nlannine. We also advise V✓WW. M GM.00M clients as they face the daunting challenges of financial preservation when presented with the cost of nursing home care. INTELLECTUAL PROPERTY The attorneys in our Business and Corporate Group represent businesses seeking to protect a key asset of their business: intellectual property. They prepare, review and negotiate license, assignment and royalty agreements; handle copyright and trademark registration filings; and negotiate and draft non -disclosure and confidentiality agreements. LITIGATION/INSURANCE DEFENSE Concentrating on the defense of personal injury and governmental liability matters for clients including numerous national insurance carriers and municipalities, the Litigation/Insurance Defense Group is well known and widely respected. We regularly represent individuals, businesses and governmental bodies involved in a variety of situations, including: • motor vehicle, premises and workplace accidents • products liability claims • civil rights and discrimination actions • property damage claims • accounting malpractice • title insurance issues • insurance coverage problems MATRIMONIAL AND FAMILY LAW In recognition of the often difficult and emotional aspects of these types of cases, each matter is handled on an individual basis with an attorney concentrating in matrimonial and family law. The practitioners in this Group spend time one-on-one with the client to address his or her needs, help them understand the applicable law, review the specific facts and explore all options available to resolve matters in their best interest. This includes the use of the Collaborative Divorce method, which provides all parties with multiple sources of support, guidance and information, including attorneys, divorce coaches, financial experts and child therapists — often at a lower overall cost than a case handled in the courts. Additionally, it allows the parties to have direct input into the settlement and negotiation process. MEDIATION AND ARBITRATION Experience shows that it is often better to try to resolve disputes out of court. To that end, McCabe & Mack offers services involving mediation and arbitration. In the mediation process, the mediator brings the parties together to settle their differences without resorting to litigation. When successful, which it often is. this process saves parties the time and expenses associated with litigation in the courts. In arbitration, the parties choose an arbitrator who hears the case and makes a ruling. The process is similar to litigation but is more informal and can be considerably less expensive. Among our attorneys available for mediation and arbitration is Judge Albert M. Rosenblatt, a former County Judge, State Supreme Court Justice, and until 2007, a member of New York's highest court, the Court of Appeals. He has vast experience in presiding over trials and appeals and in negotiating settlements and resolving controversies. MUNICIPAL, LAND USE, ZONING AND ENVIRONMENTAL LAW This Group is comprised of attorneys who work with developers, municipalities and individuals on projects ranging from minor variance applications to major subdivisions and site plans for shopping centers, senior housing, and single and multi -family housing developments. Our lawyers have extensive experience working with and for communities throughout the Hudson Valley in processing applications for zoning and land use approvals. Their efforts have included making presentations to local land use boards to explain complex projects; working through the regulatory maze of the SEQRA regulations; working with the New York State DEC; and drafting findings for local municipal boards in order to settle an administrative record to support the outcome for our client. PERSONAL INJURY The Personal Injury Group represents individuals seeking compensation for injuries caused by: • motor vehicle accidents • workplace accidents • dangerous conditions on property • negligent or intentional conduct • insurance coverage issues • uninsured and under -insured claims Our personal injury lawyers and support staff provide compassionate and objective counsel, at the same time aggressively representing our clients' interests to ensure that their financial recovery is as complete as possible. RESIDENTIAL AND COMMERCIAL REAL ESTATE The lawyers in this Group handle all aspects of real estate transactions, from the sale or purchase of single and multi family homes to major commercial, institutional and industrial properties. This includes representation in all phases of the approval process from land acquisition and development through financing and construction. Our attorneys have many years of experience in all aspects of real estate law, including municipal. land use. zoning and environmental law. I YOUR SIDE AND YOUR SIDE, EVERY EP OF THE WAY." WWW.MCCM.COM MCCABE & MACK LLP McCabe & Mack LLP offers a comprehensive range of legal services to individuals, financial institutions, insurance companies, developers, manufacturers, not -for -profit organizations, educational institutions, municipalities and small to large businesses. Our attorneys represent clients in transactions and appear regularly in court and before boards and regulatory bodies in Dutchess, Westchester, Rockland, Putnam, Orange, Columbia, Greene, Ulster and Sullivan Counties, as well as New York City and the Albany area, to serve the needs of the firm's clients. • For more information or to schedule a consultation, contact us at 845-486-6800. Visit us on the web at www.mccm.com or email us at infoCiu.mccm.com. WVJ\A/ M CCM.COM MCCABE & MACK LLP ATTORNEYS AT LAW OVER A CENTURY OF LEGAL SERVICES TO THE HUDSON VALLEY PERSONAL » CORPORATE » FINANCIAL Practice Areas: Banking and Secured Lending Business and Corporate Law Commercial Litigation Condemnation and Tax Assessment Creditor's Rights, Bankruptcy and Reorganization Criminal and Traffic Law Elder Law, Trusts and Estates Intellectual Property Litigation/Insurance Defense Matrimonial and Family Law Mediation and Arbitration Municipal, Land Use, Zoning and Environmental Law Personal Injury Residential and Commercial Real Estate MCCABE & MACK LLP, ATTORNEYS AT LAW 63 Washington Street P.O. Box 509 Poughkeepsie, NY 12602-0509 Tel: 845.486.6800 Fax: 845.486.7621 Email: info@mccm.com RESUME & CURRICULUM VITAE ALFRED A. FUSCO, JR., P.E. EDUCATION: B.S. Degree in Civil Engineering Rensselaer Polytechnic Institute (1968-1972) Member of CHI EPSILON - Civil Engineering Honorary Society New York State Professional Engineers License #054404 - 1975 to date Pennsylvania Professional Engineers License #072494 - 2004 to date Charter Member of National Academy of Forensic Engineers EXPERIENCE Date: April 4, 1975 — November 28, 2000 Employer: City of Middletown, New York - DPW Duties: Commissioner of Public Works Supervisor: Mayor Joseph DeStefano 16 James Street Middletown, New York 10940 Duties: Water and Sewer Department Administrator Street and Sanitation Department Administrator Maintenance Department Administrator Building Inspection Department Administrator Chief Negotiator - Union Contracts MBE Officer Employee Assistance Chairman Affirmative Action Officer Flood Plain Manager Planning Board Member & Planning Board Chairman Plumbing Board Member Chairman Architectural Review Board Disaster Preparedness Officer Safety Officer Negotiate all inter -municipal agreements. Develop $18,000,000 annual budget and $2,000,000 annual capital budget. Handle all insurance claims and insurance negotiations. Economic and Community Development In 1983 formed FUSCO UNLIMITED - ENGINEERING AND CONSTRUCTION CONSULTANT changed to FUSCO ENGINEERING PC effective December 15, 2000 evolved to FUSCO ENGINEERING & LAND SURVEYING, P.C. - 2006 to date The firm has been responsible for the following: 100 Subdivisions - Commercial and Residential 500 Site Plans - Commercial and Residential 1000 Building Inspections - Commercial and Residential 2000 Surveys and Title Reviews — Title Searches 22 Expert Witness Appearances (in court) 200 Forensic Reports 50 Depositions 5 Administrative Hearings 2 Arbitrations 1000 Septic Systems - Design and/or Certifications 3 Sewage Treatment Plant - Design 450,000 gpd, 50,000 gpd, 40,000 gpd 5 Dam Designs 4 Bridge Designs 3 Water Treatment Plant 1 MGD, 50,000 gpd, 40,000 gpd Review Bethel Performing Arts Center Environmental DEIS, FEIS, for civil portion of the project including traffic, water, sewer, drainage Town of Monroe - Town Engineer, Building Inspector City of Port Jervis — City Engineer, Code Reviewer Town of Deerpark — Town Engineer, Planning Board Engineer, Building Inspector Town of Greenville — Town Engineer, Planning Board Engineer, Building Inspector Town of Highland — Town Engineer, Building Inspector City of Middletown — Commissioner of Public Works, City Engineer, Planning Board Engineer, Building Inspecto Town of Liberty — Building Inspector Village of Monticello — Building Inspector Village of Kiryas Joel — Building Inspector City of Middletown Remediation MBE and diesel oil contamination - Former Erie main line City of Middletown Capping Middletown Dump from City ash landfill remediation plan Town of Monroe gasoline, diesel, and waste oil cleanup — Highway Garage Town of Monroe cap former landfill with C & D grind and double grind Town of Deerpark C & D Technology —10 acres Superfund Site — Village of Florida — heavy metals PCB cleanup ALFRED A. FUSCO, JR., P.E. Some Projects and Clients 1992 Village of Florida, NY Prepared and submitted an application for H.U.D. funding for a 500,000 Water filtration plant construction. Received a $100,000 grant. 1991-1992 1991-1992 Village of Florida. NY Designed and supervised construction of $1,100,000 sewage treatment plant upgrade to 500,000 gpd, with associated approvals and submittals. Ronald Kearns Associates Designed and supervised construction of a United States Post Office. Estimated cost $500,000. 1991 National Bank of Florida 10 lot commercial subdivisions. Design and subdivision of construction of 1000 feet of road - complete with water, sewer and drainage with associated approvals from the OCHD, NYSDEC and NYSDOT. Complete traffic survey included for NYSDOT. 1989 City of Port Jervis. NY House inspections for community development department. 1989 Beaverkill Associates - Lew Beach. NY Designed two bridges and a dam 2003-2010 Orange County Community College — Renovations of: 1. Learning Resource Center 2. Harriman Hall 3. Biotech HVAC 4. Orange Hall, Harriman Hall Library and PE Building Paving 5. Horton Hall Handicap Bathroom and Lift 6. HVAC for PE Building, Commons Building, Harriman Hall and Orange Hall 7. Retaining wall system for HVAC shop area 8. Orange Hall parking lot re -grading, reclamation and repaving 9. Harriman Hall boiler replacement and unit heaters 10. Orange Hall boiler and piping replacement 11. Campus -wide backflow preventers 12. Sarah Wells electric system replacement 13. Horton Hall handicap lift and fire stairs 14. Horton Hall fire escape 15. Biotech Green pavers, planters, fountain, and landscaping 2003-2006 16. Tennis Court parking lot, drainage, reclaim, repave 17. Commons parking lot, drainage, reclaim, repave 18. LRC renovate 15,000 square feet including 4 handicap accessible bathrooms 19. LRC Vice President office construction 20. Greenhouse repair and classroom construction, sustainable project to take two (2) 1880 greenhouses and create classroom, lab space on one and restore the other with sustainable methods, water re- use, solar passive and active 21. Campus -wide door replacement, 2 phases (interior and exterior) 22. Emergency structural evaluation and repair Morrison Hall porch 23. Emergency structural evaluation at Kindercollege classrooms 24. Structural evaluation and repair of chiller tower 25. Rebuild Tower Building chiller towers 26. Biotech exterior access 27. Graduation stage 28. Physical Education Building replacement of gymnasium floor and 3 courts 29. Physical Education Building replacement of gym partition 30. Physical Education Building vent inflow evaluation 31. Orange Hall HVAC replacement 32. Campus -wide fire alarm system upgrade 33. Electric system campus -wide evaluation 34. Women softball field 35. Waterline replacement and repairs 36. Gilman Center for International Education - Gilman Library Town of Monroe - The following projects are as the Town Engineer: 1. Animal Shelter 2. Water District #8 - Tank, Pump Station and 12,000 feet of pipe 3. Water District #12 - Water Meter Installation 4. New Town Park - Mombasha 5. Park Plan 6. Lake Region Blvd Storm Drainage 7. By Pass Road to 17 - Larkin Drive Extension 8. Intersection of 208 and O&R Lakes Road 9. New Town Hall 10. West Mombasha Sewer Line 11. $1,750,000 in Orange County Transportation Council Grants 12. State Police Handicap Ramp 2004-2006 2008-2010 Town of Goshen - 1. Hambletonian Park Water District — Water Main Repalcement — 4,000 LF and $300,000. Federal Grant 2. Hambletonian Park I/I Sewer Study 3. 20 year Highway Program 4. $1,000,000 in Orange County Transportation Council Grants Town of Deerpark 1. Peenpack Trail Bridge Replacement 2. Peenpack Trail Paving $500,000 grant ARRA 3. Peenpack Trail Paving II $1,000,000 grant proposal ARRA 4. Highway Garage Temporary Repairs 5. Review 1542 unit senior project, DEIS, FEIS, Finding Statement 6. Review 363 unit development, DEIS, FEIS 7. Energy Grants - $300,000 MAJOR PROJECTS FOR THE CITY OF MIDDLETOWN 1992-98 Upgrade Sewage Treatment Plant to tertiary treatment. Secured $7.5 million of funding from the State of New York. 1989-92 Application for and approval of a $20,000,000 grant for sewage treatment plant upgrading. I was the project manager for the project on behalf of the City and involved in the design and technology as well as construction of facility. 1984-97 Water Treatment Plant Upgrade Supervision of 5 major upgrades including new filters, new pumping stations, water tanks, chlorine room, and ozone system over the past 20 years totaling over $3,000,000. The plant capacity is 6 MGD. We are preparing for upgrade to 9 MGD in a new facility. 1972 to date Replacement of major sewage trunk lines; not only supervision, but also actual construction. Over 5 miles and $2,000,000, average depth 25 feet. Replacement of 10 miles of water line. 1990-91 1994 1995-1998 1996 1994-Present Downtown Revitalization Supervision of a $1,400,000 downtown improvement project with associated infrastructure improvements and promotion of downtown development. Development of Community Center with Art Gallery, won architectural award. Renovation and restoration of Paramount Theatre. Prepared and implemented master plan for City of Middletown. Develop 650 ton per day solid waste and sludge disposal facility utilizing recycling and an acid hydrolysis system to convert biomass to ethanol. $125 million. Present Plans Raising Reservoir Danis Increasing the storage volume of 107-Acre water reservoir, for the City of Middletown, by raising the height of 3 Dams. Directed exploratory work and applied for regulatory permit as well as directing the on -going design. Development of New Reservoir Applied and obtained regulatory permits for water impoundment structure. Directed its design, construction and operation. The operation was to divert water from Indigot watershed area to the City of Middletown Water System. Other City Projects Follow up and subsequent work includes the full development and the incorporation of the Indigot Reservoir in the City of Middletown Water System. The expected safe yield of the new reservoir is 3 MGD. Develop road improvement program's annual budget $300,000, mainly repaving and development of bases. Preliminary design of $10,000,00 arterial highway to improve traffic flow in commercial business district. Spearhead an integrated solid waste management project with 20 other municipalities converting over 200,0000 tons of municipal solid waste and 200,000 tons of municipal sludge to ethanol with 90% recycling. The project cost is over $200,000,000. Wrote the City's new Master Plan and certified same. Currently still on use by the City of Middletown. 2001 City of Middletown — Well study with a safe yield analysis 2002 City of Middletown — Downtown surveillance system 2006 City of Middletown — Wisner Avenue widening 2010 City of Middletown — Wickham Avenue rehabilitation AWARDS 1988 City of Middletown Bicentennial Committee Award 1994 Orange Environment — Governmental Employee of the Year (Environmental) 1995 Orange County — Architectural Award for City of Middletown Community Center 2000 City of Middletown — Middletown Business Improvement District Award PROFESSIONAL AND CONTACT ORGANIZATIONS Chi Epsilon National Civil Engineering Honorary Society Charter Member - National Academy of Forensic Engineers American Water Works Association American Public Works Association National Society of Professional Engineers New York State Water Pollution Control Federation Hudson Valley Water Works Association New York State Building Officials Conference Orange & Sullivan County Professional Engineers Society, Second Vice President Professional Engineers Society International Traffic Institute American Management Association Civic Organizations 1. Member Horton Hospital Board of Directors — 25 years, now Honorary Orange Regional Medical Center 2. President Horton Healthcare (former) 3. Member Southwinds Retirement Home Board of Directors 4. Rotary Club 5. United Way Funding Committee 6. Former YMCA Board of Directors 7. Chamber of Commerce 8. Community Foundation 9. Westbrookville Rod and Gun Club — President — 20 years 10. John S. Burke Catholic High School Board of Directors 11. Member — St. Joseph's Church 12. Chairman Board of Directors — John S. Burke Catholic High School REFERENCES William J. Larkin, Jr., Senator 39th District Edward Diana, County Executive Joseph DeStefano, Mayor, City of Middletown Sandy Leonard, Supervisor, Town of Monroe Douglas Bloomfield, Supervisor, Town of Goshen Karl Brabenec, Supervisor, Town of Deerpark Benjamin Gilman Dr. William Richard, President, Orange County Community College Michael Worden, Orange County Community College Gary Greenwald, Esq. Jacob Tawil, Commissioner of Public Works, City of Middletown William Deprespo Irving Zuckerman Alan Zuckerman RESUME ALFRED A. FUSCO, III 222 Monhagen Avenue Middletown, New York 10940 D.O.B.: September 19, 1978 EDUCATION AND CERTIFICATIONS: Clarkson University B.A. Degree Business Administration Minor in Entrepreneurship, Human Resource Manager Pre -Law — 2000 Certified Building Inspector, New York Indy Car Race Certified Member — ROTC Training Group Diversity Club International Hockey WORK EXPERIENCE Date: Summer 1993 Employer: Gregory Smolley Duties: Restoration of antique Jaguars and builder of race cars Date: Summer 1994 and 1995 Employer: City of Middletown, New York, Department of Public Works Duties: Installed water mains, storm drainage lines, and sanitary sewer lines. Supervisor: William Eckerson, Water Department Foreman Date: Summer 1995 and 1996 Employer: City of Middletown, New York, Department of Public Works Duties: Supervised installation of water mains and storm drains. Inspected City's capital projects for proper workmanship and control. Supervisor: Alfred A. Fusco, Jr., P.E., Commissioner of Public Works Date: Summer 1997 and 1998 Employer: City of Middletown, New York, Department of Public Works Duties: Working foreman in charge of supervision of construction projects and coordination of $200,000,000 integrated solid waste facility project. Supervisor: Alfred A. Fusco, Jr., P.E., Commissioner of Public Works Date: Summer 1999 Employer: Fellenzer Engineering Duties: Responsible for town engineering in Town of Greenville. Supervision of construction of Town Park renovations of former Town Hall. Supervision of building department road construction — Curran Drive. Supervisor: Mark Fellenzer, P.E. Date: Summer 2000 Employer: City of Middletown, New York, Department of Public Works Duties: Assistant to the Commissioner. Supervision and management of acquisition of 125 acre site, former Middletown Psychiatric Center. Coordination of new post office, review project site plans for $200,000,000 integrated solid waste facility. Supervision of City of Middletown infrastructure pipeline projects. Supervisor: Alfred A. Fusco, Jr., P.E., Commissioner of Public Works Date: 2000 to Date Employer: Fusco Engineering, PC Duties: General Manager Consultant and Chief Fiscal Officer. Supervision of construction of $2,000,000 Monroe Water Treatment Plant, chief inspector for all projects engineered by Fusco Engineering, P.C. Supervisor: Alfred A. Fusco, Jr., P.E. Date: 2000 to Date Employer: Fusco Unlimited LLC Duties: President and managing partner. Land development and project development. Date: 2008 to Date Employer: Tri-State Regional Drainage, LLC Duties: President and CEO, WBE construction company ASSOCIATIONS AND MEMBERSHIP Clarkson Alumni Association Trustee - Westbrookville Rod & Gun Club Safari Club International John S. Burke Alumni Association National Rifle Association Shawangunk Fish & Game Club Volunteer NYSDEC Camp Debruce Rotary International Community Foundation Chamber of Commerce Orange County Partnership NYS Buildings Officials Conference EXPERIENCE 1999 Designed Greenville Handicap Park 2000 City of Middletown Water Study — Hydrogeologic survey for supplement wells 2001 Village of Montgomery — Constructed pump house renovations 2001 Village of Monroe — Performed inspection on $2,500,000 water treatment plant improvement 2002 Palisades Park — Constructed water system improvements 2002 Building Inspector — Town of Highland 2003 Building Inspector — Town of Liberty 2004 Building Inspector — Village of Monticello 2005 Building Inspector — Town of Monroe —198 Khavonian condominiums 2006 Design soccer fields and baseball fields — Town of Monroe 2007 City of Middletown - Wisner Avenue widening 2008 Orange County Community College (OCCC) — Gilman Center for International Studies — $1,300,000 library addition 2008 OCCC — Biotech Green — design landscape, pavers, plantings, fountain 2009 OCCC — Designed graduation stage 2009 OCCC — Designed improvements to Morrison Hall 2010 Deerpark Garage temporary repairs 2000-2010 20 plan and cost reviews — Provident Bank 2000-2010 12 house designs 2000-2010 50 house additions 2000-2010 100 site plans 2000-2010 2,000 inspections 2000-2010 200 septic designs ERNEST JOHNSON N.Y.S.L.S. #50,041 EDUCATION: Graduated High School in June 1965 Miami -Dade College — Miami, Florida Orange County Community College — Middletown, New York Passed Surveyor Exam in 1993 and have continuing education Classes since to keep license in good standing. LICENSES AND CERTIFICATIONS: New York State Professional Land Surveyor, License #50041 EMPLOYMENT HISTORY: Started work in surveying in 1972. I have done all phases from Rodman to computations to running crews and surveying projects From start to finish. 2006 to date: Fusco Engineering & Land Surveying, P.C., Director Field work, office calculations and computations, Drafting, all other aspects of Land Surveying 1994: Opened Johnson's Land Surveying — Pine Bush, New York Ran two crews in all phases of Land Surveying from subdivision Work to residential surveys. 1986: Delaney & Associates — Middletown, New York Crew chief and calculations for all survey work. 1972: Robert D. Delaney, L.S. — Middletown, New York Started as rodman and finished as crew chief. EXPERIENCE: Have fmished many subdivisions and large tract parcels in both Orange and Sullivan Counties. Did survey work for campus of Dominican College in Orangeburgh, New York. PERFORMED: 2,000 Boundary surveys 1,000 Topographic surveys 200 Flood elevation surveys 200 Stake -outs 300 As-builts 5 miles NYSDOT survey for NYS Route 17 bypass ASSOCIATIONS: 1. United States Army Vietnam War Veteran 2. National Society of Professional Land Surveyors 3. Veteran of Foreign Wars 4. Orange County Chamber of Commerce ROBERT D. DELANEY N.Y.S.L.S.#35603 EDUCATION: Graduated High School in June 1942 While in High School, worked as a rod man for the Highway Department and Railroad survey crew in the summer. LICENSES AND CERTIFICATIONS: New York State Professional Land Surveyor, License 35603 EMPLOYMENT HISTORY: I have been in the survey profession in all stages from the field work to office work doing drafting, computations, and design for approximately 59 years. 2004 to date: Fusco Engineering & Land Surveying, P.C., Director Field work, office calculations and computations, Drafting, all other aspects of Land Surveying Chief Inspector 1990: Eustance & Horowitz, P.C. Worked part time Eustance & Horowitz for a few years 1986: Ernest Johnson, P.L.S. Sold business to Ernest Johnson and worked for him 1966: Robert D. Delaney, P.L.S. Opened own business 1959: Took the N.Y.S. Land Surveyors exam April 19, 1959 Received license #35603. Continued working for Chumard & Erikson When Mr. Carpenter passed on — went to work for Geary W. Chumard, P.E. — in office doing calculations and drafting. 1948: Harry C. Carpenter, P.E., Middletown, New York Working as a rod man doing property surveys and subdivisions. Was Party Chief on many large jobs, layout of original centerline of New York State Thruway, Sterling Forest (1,000 acre survey) and many others. 1943 — 1946: Enlisted in the Air Force. 1942 - 1943: Fairchild Aircraft Company — Aerial Survey Mapping Division Worked on ground crew on the control survey along with the Coast and Geodetic Survey Department of the Federal Government. Worked over the United States and portions of Canada doing ground work. EXPERIENCE: 3,000 Boundary surveys 1,500 Topographic surveys 300 Flood elevation surveys 500 As -built surveys 1,000 Inspectors ASSOCIATIONS: 1. National Society of Professional Land Surveyors 2. United States Air Force — World War II Veteran 3. Veteran of Foreign War 4. Benevolent and Protective Order of Elks 5. Nascar Race Official THE UNIVERSITY OF THE STATE OF NEW YORK EDUCATION DEPARTMENT THIS IS TO CERTIFY THAT HAVING MET THE REQUIREMENTS OF SECTION 7210 OF THE EDUCATION LAW AND IN ACCORDANCE THEREWITH THIS CERTIFICATE OF AUTHORIZATION IS GRANTED WHICH ENTITLES FUSOO EGINEERING AND LAW SURVEYING PC 233 EAST MAIN STREET MIGNL.ETOWN, NY 10940-0000 SERVICES IN THE STATE OF NEW YORK FOR TO PROVIDE PROFESSIONAL ENGINEERING THE PERIOD 01/0112012 TO 12/3112014. .001$1144E 141'k .,.. DEPUTY POI 110 P EOp 1O1..,, CERTIFICATE NUMBER 506 4 to �ir1 a AN CO Mi$31ON$ft OP *DUCA'TION II a i1iti4 THE UMVERSITY OF THE STATE OF NEW YORK EDUCATION tPTMINT THIS 18 TO CERTIFY THAT. HAVING ROT TIC 1 $ OF SECTION 72 4Q OF THE EDUCATION LAW AND ACcOROANCE THEREWITH THIS CERTIFICATE OF AUTHORIZATION IS SRANTiD WHIcH "ENTITLES PING SERVICES IN .' STATE OF NEW YORK FEAR THE PERIOD 1 OO�'Ln1* The University of the State of New York Education Department salons FICAT`E �j 74! 4 ate belt 7311950 A LICENSEE/&EOISTRANT Tint ofiekiiray Ma document ft valid only V ft kasnot oOret name and.adde rs are conks It har not n wf h and 13 an original - not a copy. to ver ft, that.tltl 4eg'larodtot t 13 valid rat 1t(ore please l it it name and, address are correct ` i hat not been tampered with and is an Thirdocmn al is valid only if ` has not expired, s r visit original - not a copy To veri that:tills registration certificate is vand:or.for nior+aWorm please+ www.og> iiysed-goP. i t lor M w q i5i J�LLJ111 if' IN 11 M w w w N M 6 w w 6 I M M I i i F 1 CERTIFICATE OF LIABILITY INSURANCE a 0 I 1 i i I I I IP in Pig NI ilhi Dt vl illi /1011 ihil iiiilli ilIgli iloi am .41I In! 1"rlig gogi ind mig 3 H. §I al I ' t 1 ill g ; i BODILY INJURY (Per person) BODILY INJURY (Per abddnfq 0 1 N i btl Oil 0 it' i idt Ito 1 tiil tog fill kf 11, if gi g I a I : 1 11- gi : 9 g § r INI IL 11 A- 11 1 dig! 1 4 §§ li z i 1 H 11 .t i x i /I ilig6 1 I < Supervisor Office FEB 1 3 2013 Received WAPPINGER TOWN HALL BUILDING DEPARTMENT REQUEST FOR PROPOSALS FOR PLANNER AND CIVIL ENGINEER PREPARED FOR: F'25 INEZ MALDANADO WAPPINGER TOWN HALL BUILDING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NEW YORK 12590 PREPARED BY: FUSCO ENGINEERING & LAND SURVEYING, P.C. ALFRED A. FUSCO, JR., P.E. 233 EAST MAIN STREET MIDDLETOWN, NEW YORK 10940 (845) 344-5863- PHONE (845) 956-5865 - FAX February 15, 2013 13 rasa) ENg19VEEwrG GZ LAND SZ14teNE2'1'NG, C Consulting Engineers fltrea''Fusco,.7r, e..E.M*zci ar ftgndf. Tusco, III, general9Kanager • 233'East Main Street Middletown, JV710940 Q'lwne: (845) 344-5863 Fav (845) 956-5865 • 19 Waywayup Lane Tor 2esvis, 94I?Y 12771 Now (845) 956-5866 February 15, 2013 Inez Maldonado Wappinger Town Hall Building Department 20 Middlebush Road Wappinger Falls, New York 112590 RE: Request for Proposal for Planner and Civil Engineer Dear Ms. Maldonado, We at Fusco Engineering & Land Surveying, P.C. are pleased to submit a proposal for planner and civil engineering services to the Wappinger Town Hall Building Department. Fusco Engineering & Land Surveying, P.C. is a Professional Engineering and Surveying Corporation located in Middletown, New York. This firm and its predecessor, Fusco Unlimited DBA, has been owned and operated by Alfred A. Fusco, Jr., since 1986. Fusco Engineering & Land Surveying, P.C. is a full service architectural and engineering firm offering its services to municipalities, developers (commercial and residential), and private residents. We provide, civil, electrical, and mechanical engineering services, surveying services and architectural services, as well as construction management through our staff and various associates. Alfred A. Fusco, Jr., P.E., has a B.S. in Civil Engineering from Rensselaer Polytechnic Institute (1968-1972) with several Planning graduate courses and is a member of CHI EPSILON Civil Engineering Honorary Society. He received his Professional Engineering license in 1975 and is now licensed in Pennsylvania as well. Since then he has had a long and successful professional career. Al Fusco has been a small business owner of various ventures over the years as well as being the Commissioner of Public Works for the City of Middletown from 1975 to 2000. In his job as Commissioner, he made and retained many contacts all over the country and even some abroad. His duties while Commissioner consisted of administrating public works; (including water, watershed protection, highway, sewer and maintenance), Building Department, Chief Negotiator, MBE Officer, Planning Board Member, 25 years, and Chairman of the Planning Board, and developed an $18,000,000 annual budget and $2,000,000 annual capital budget. This is just a short list of his duties which are far more extensive. Alfred A. Fusco, Jr., is the Principal Engineer of Fusco Engineering, P.C. and handles technical design, new business development and consulting for our firm. Mr. Fusco advises several Towns, Cities, and Villages daily on zoning, infrastructure, and related matters. He also assists the Highway Departments in daily, seasonal, and storm related matters, i.e. FEMA. We review all planning and ZBA plans and applications as Planner and Engineer for our contracted Towns. We ask you to please call our references to hear first hand our capabilities and our dedication to our municipal clients: Karl Brabenec, Supervisor, Town of Deerpark (845) 856-2210 Ext. 1 Sandy Leonard, Supervisor, Town of Monroe (845) 783-1900 Joseph DeStefano, Mayor, City of Middletown (845) 346-4100 John Burke, Supervisor, Town of Woodbury (845) 928-6829 Alfred A. Fusco, III graduated from Clarkson University with a B.S. in Business Administration, he has a heavy technical, engineering background and graduated with three minors: Pre -Law, Human Resource Management, and Entrepreneurship. Alfred A. Fusco, III has worked for other engineering firms; including Fellenzer Engineering, the City of Middletown and he currently owns and operates several development companies in Orange County. Alfred A. Fusco, III handles business development, office management and all finances for Fusco Engineering & Land Surveying, P.C. Also, Alfred handles business development and construction management for our clients. Fusco Engineering & Land Surveying, PC and its associates have been servicing the Hudson Valley area, as well as other areas of New York, New Jersey, Pennsylvania and Connecticut for the past twenty years. Briefly our services included numerous: Surveys Subdivisions — Commercial and Residential. Site Plans - Commercial and Residential Building Inspections - Commercial and Residential Expert Witness Appearances (in court) Planning Board Reviews Master Plans Forensic Reports Depositions Septic System - Design and/or Certifications Sewage Treatment Plant design and construction municipal/private Dam Designs Bridge Designs Watershed Maintenance Water Treatment Plants / Water Mains Designs and Inspections Municipality Town Engineering Service Contracts Building Inspection Services (Municipal) Building Design (Complete) School Design (Complete) HVAC and Electrical Structural Traffic Engineering Member, ITE Firehouse Design - Municipal Hall Design Rehabilitation Design in addition to all of these projects we have successfully restored and renovated many buildings as well as designed and managed construction on new projects. Also we have provided our services for many infrastructure designs including water mains/pump stations/well houses, sewer mains/pump stations, and drainage systems, for private developers and municipalities. We understand that the scope of services shall include assisting the Town Board in its consideration of infrastructure improvements, zoning matters, and any other related issues. The scope of services to the Town Board shall also include studying and reporting on proposed development matters (subdivisions, site plans, and any other planning matters). The services to support the Highway Department shall include assisting and consulting in the review and plan of operations to successfully complete the responsibilities and compliances. Fusco Engineering and Land Surveying, P.C. is or has been the municipal Engineer and/or Building Inspector for the following municipalities: City of Middletown Town of Deerpark Town of Monroe Town of Highland Village of Kiryas Joel Village of Monticello City of Port Jervis Town of Woodbury Town of Greenville Town of Liberty Village of Otisville Fusco Engineering and Land Surveying, P.C. has extensive experience with forensic engineering in addition to its traditional engineering and Alfred A. Fusco, Jr. is a Charter Member of the National Academy of Forensic Engineers. Our firm has testified in Court, as an expert witness, in numerous cases for all types of situations. With this we also perform many structural and infrastructure inspections ranging from house inspections to heavy industrial structural inspections, including water/sewer plants and mains. Our firm has vast municipal experience. Alfred A. Fusco, Jr., P.E., the firm's principle, was City Engineer and Commissioner of Public Works for the City of Middletown from 1975 to 2000. Our municipal experience includes full service engineering and architecture, building inspection services, capital, budget planning, planning boards, zoning boards, architectural review boards, economic development, municipal master plans and grantsmenship. We have been instrumental in approximately $40 million in municipal grants and/or subsidized loans for our clients. In the last 6 years we have secured $7,250,000 in transportation grants for our clients through the OCTC and former NOCTC. Ir. Fusco was in charge of watershed maintenance and protection for the City of Middletown's 1,500 acre atershed for over 30 years. The watershed included three (3) pristine lakes (1.5 billion gallons) with forested itershed that was planted in the late 1890's. The watershed was protected by an 1898 New York State ;islative act which set the watershed rules and regulations. The reservoir safe yield was derived from 24 uare miles of drainage basin along the Shawangunk Kill with down stream riparian rights. tr. Fusco was also instrumental in the first two 480-a Forest Land Protection and Assessment Stabilization ,plications in the 1970's and maintained the City of Middletown watershed in this program as well as 800 cres of the Catskill Hunting Club property that overlooks the Basherkill wetland. Mr. Fusco through the hunting club is a recognized "Tree Farmer" and has been involved in selective timbering end reforestation for his entire career. Fusco Engineering & Land Surveying, P.C., is a small business firm with gross receipts under $2,000,000 for the past 5 years. Mr. Fusco is also affiliated with a WBE firm that specializes in drainage district and watershed maintenance. Mr. Alfred A. Fusco, Jr.'s credentials are outlined previously in this RFP, he is the President and sole proprietor of the firm. He will be the staff person designated for this submittal. The following relevant project experience is noted: 1. Gilman Center for International Education - SUNY Orange, Middletown, New York — Prime Engineer: a. Completion date 2009 — architectural design and construction period services. b. Fusco Engineering & Land Surveying, P.C. was the lead A/E — Fellenzer Engineering, LLP and Liscom McCormick VanVoorhis (LMV) were subs. c. The project was for a library for Congressman Benjamin Gilman. The project included a HUD grant for $1,300,000. The project included all Federal requirements, Davis Bacon, Wicks Law, etc. d) d. The project was 1,000 SF addition — 2,000 SF renovation - $1,300,000. 2. County of Orange Government Center Study, Goshen, New York. a. Completion date 2012. b. We were a joint venture partner. c. Report on 20-year renovation or replacement of 300,000 SF County Government Center — over $100,000,000 worth of building — contract $150,000. 3. SUNY Orange, Middletown, New York — 400 car 4-story parking garage. a. Completion date Dec. 2012 — Prime architect/engineer. b. We are the prime architect and engineer. c. Poor soils, 341 piles, 4-story, 400 car parking garage - $7,500,000 budget d. $6,000,000 bid - three (3) contracts as per Wicks Law with prevailing wage. 4. Town Center, Town of Deerpark, New York. a. Completion date September 2013 — Prime architect and engineer. b. Prime architect and engineer. c. Town retained us for design and construction period services d. New Highway Garage, Senior Center, Police Department, and State Police Facility - $2,000,000. 5. SUNY Orange Middletown Campus- Replace Fire Alarm System Campus -wide with 12 buildings. a. Completion date Dec. 2007. b. Prime architect and engineer. c. System needed to be fully addressable, fiber optic and copper d. $1,000,000. SUNY Orange Campus -Wide Doors, SUNY Orange, Middletown, New York. a. Completion date 2008- Design and construction services. b. We were prime engineers/architect. c. Replaced over 100 doors d. $400,000 campus -wide. 7. SUNY Orange — Orange Hall Boiler Replacement. a. Completion date 2007 — Design and construction services b. Prime Engineer. c. Replaced boiler/hot water heater — 40,000 SF building. d. $250,000. 8. SUNY Orange Elevator Cab Replacement. a. Completion 2009. b. Prime Engineer. c. Replaced two (2) elevators. d. $400,000. 9. SUNY Orange Handicap Elevator — Library a. Completion date 2010. b. Prime Engineer. c. Install new shaft and elevator. d. $400,000. 10. SUNY Orange Sarah Wells a. Completion date 2008. b. Prime Engineer. c. Removal of building. d. $100,000. Mr. Fusco has worked to achieve the best management practices on all projects. Based on traditional engineering this has continued in the areas of stormwater management with responsibility for two MS4 designated municipal districts, development of solar greenhouses for Orange County Community College to include botany labs (a proposed silver to gold LEED's certification) and the Town of Monroe proposed LEED's certified Town Hall which is in the development stages. Mr. Fusco has worked closely with Orange Environment in the development of a waste to ethanol plant in the City of Middletown. He was designated as an environmental government leader by Orange Environment in the 1990's. He also worked with Orange Environment reviewing landfill projects. funicipal engineering is the firm's forte and we are currently municipal engineers for three Orange County unicipalities and previously for six other municipalities including several in Sullivan County. Fusco .gineering & Land Surveying, P.C. is the engineer for almost all Orange County Community College capital provements over the last six years. This includes over 40 projects. The most recent were the Gilman Center International Studies (Gilman Library), a 3-parking garage ($6,000,000 — 400 spaces) and the planning for a N engineering and science building. Mr. Fusco's duties as City engineer with Port Jervis, New York includes 7ews of the sewage treatment plant which is run by the New York City DEP since the sewage plant which ;charges into the Neversink Delaware Basin. Ie have worked on several subsidized and historic rehabilitation housing tax credit programs; one was for the fill Street Partners, Middletown, New York — 42 work force housing units currently approved by the City of iliddletown, NY and awaiting State approval; also Middlecrest Crossing — 200 units for Loewen Development, diddletown, NY (occupied for 3 years); Ontario and Western Commercial Building — 30,000 SF under design br a health care clinic — approved by the City of Middletown and awaiting State approval. Mr. Fusco has worked with several non-profit organizations as a consultant and as a board member. He served on the Tri- State Regional Planning Commission, President of Horton Memorial Hospital Health Care, Board Member for Southwinds Retirement Home and the Middletown YMCA. The firm has 15 to 20 employees depending on seasonal duties. The firm is located in Middletown, New York, the foot of the Catskills with offices in Port Jervis as well. The firm is a small business adjacent to the watershed. We have engineers, field and technical staff that include 15 full time and 4 part time personnel at your disposal. We always set schedules in our firm with weekly project meetings as well as identify and coordinate with our client's schedule. We have never missed a deadline and, if an emergency requires, we work 24/7 to service our clients. We also do not waste our time, we usually multi -task for our clients to provide cost effective service. We charge a reduced hourly rate for all municipalities. The fees are as follows: Principle Engineer $86.00/hour Staff Engineer $86.00/hour Project Manager $86.00/hour Surveyor $75.00/hour Survey Technician $65.00/hour Site Inspector $75.00/hour CAD Operator $70.00/hour Clerical $35.00/hour We currently meet all of the insurance requirements you require and will tailor them to your needs with certificates or name insured, as required. We have enclosed a copy of our professional licenses along with a copy of our insurance certifications. We will also comply with federal, state, and local laws as required. Fusco Engineering & Land Surveying, P.C. is very interested in working with you. We work on mutual relationships and we enjoy the work in this field. This would be an ideal relationship with common interests and professional goals. Thank you for the opportunity ity to submit. Very truly yours, ef;o Alfred A. Fusco, ! r., P.E. FUSCO ENGINEERING & LAND SURVEYING, P.C. AAF/cam REFERENCES: Honorable Edward Diana County Executive 255 Main Street Goshen, New York 10924 (845) 291-2700 Honorable William J. Larkin, Jr. Senator 39th District 1093 Little Britain Road New Windsor, New York 12553 (845) 567-1270 Honorable Sandy Leonard Supervisor Town of Monroe 11 Stage Road Monroe, New York 10950 (845) 783-1900 Honorable Douglas Bloomfield Supervisor Town of Goshen 41 Webster Avenue Goshen, New York 10924 (845) 294-6996 Honorable Karl A. Brabenec Supervisor Town of Deerpark 420 Route 209 Huguenot, New York 12746 (845) 856-2210 Ext. 1 President William Richards, Ph.D. Orange County Community College 115 South Street Middletown, New York 10940 (845) 341-4700 Mr. Michael Worden Facility Director Orange County Community College 115 South Street Middletown, New York 10940 (845) 341-4901 MORRIS ASSOCIATES ENGINEERING CONSULTANTS, PLLC wo 9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax: (845) 473-1962 64 Green Street, Suite 1, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963 Town of Wappinger Town Hall 20 Middlebush Road Wappingers Falls, NY 12590 February 1'5, FEL-3 2 5 3 Supervisor Office FEB 15 2013 Received Attn: Inez Maldonado — Secretary to the Supervisor Re: Proposal for Town of Wappinger Town Board Consulting Engineer Dear Ms. Maldonado: Morris Associates Engineering Consultants, PLLC appreciates the opportunity to submit a proposal for the position of Consulting Engineer for the Town of Wappinger. I know we have spoken of our large municipal client base, but I wanted to remind you of our background/experience/capabilities — things I think you will find make us uniquely qualified to continue to assist you with moving the Town of Wappinger forward. These difficult economic times make it extremely challenging for elected officials. We believe we can deliver a strong, dynamic team that will continue to support the Town to advance projects while continuing to keep costs down. Morris Associates has such a multi -disciplined work force that we are able to offer experts in almost every field of concern for the Town including eleven licensed professional engineers, a certified planner, certified building code enforcement officer, CPESC stormwater specialists, architectural, mechanical, chemical, electrical, civil engineers and a very experienced support staff. Because of our multi -disciplined staff, we stand ready to assign the most qualified person in any field — water, sewer, planning, drainage design, MS4 coordination, building department assistance, etc. As you know, in most of our towns we become a valuable part of your knowledge base, sometimes helping to craft the budget so that all highway infrastructure projects can move forward, as well as recreation upgrades or recreation master plans, zoning changes, etc. We feel our history with the Town has been very successful. Bob Gray has been responsible for the DEP Water Main Extension Project from the beginning of the conceptual discussions. Plans for Phase I have already been completed, approved and put out to bid within six months — something that would normally take a year at the least. As you know, the low bid came in much lower than our negotiated price with DEP which leaves up to $1.3 million that can be applied to Phase II. Our vast, long-term successes in municipal projects come from our extensive experience and our understanding of today's economic climate and financial constraints, and the accountability you all face, our knowledge of the public bidding process, flexibility in the design and construction phase, honesty incorporated with a high level of information sharing/communications, good recordkeeping, excellent public presentation skills and paying attention to detail. We pride ourselves at being readily available to answer any questions by phone or email at any time. Our primary goal is to provide our clients with the high quality and cost-effective services that result in flexibility utilizing ONLY the professional services necessary to responsibly meet your needs. E:\documents\Employee Documents\Suzanne Goodwin\SOQ\Cover Letters\Wappinger-Engineer 2-15-13.doc Town of Wappinger February 14, 2013 Attn: Inez Maldonado — Secretary to the Supervisor Page 2 Re: Proposal for Town of Wappinger Town Board At this time, I would also like to introduce you to our professional planner, Ms. Liz Axelson, Al CP, w ho h as o ver f orty y ears o f municipal ex perience. 1 n o ur m any y ears o f municipal experience, we have always provided planning services for our municipal clients, where quite often a broader oversight is needed for Town Board applications or projects. I have attached a more detailed description of Ms. Axelson's background and experience for your review (see Attachment A). Please also note that her salary in our municipal rate schedule is $102 an hour. Within our organization at Morris Associates, we have tried to build a team of licensed professionals that could undertake any issue/project/agency requirements that any municipality might face. To that end, we would like to introduce in more detail our Stormwater expert, Mr. Richard Andreassen, P.E., C.P.E.S.C. He has been responsible for several phases of land development projects, including grading plans, drainage and stormwater management practices, culvert designs, soil erosion, sediment control plans, etc. He has been appointed in several of our municipalities as consulting stormwater management coordinator with regard to development of their Stormwater Pollution Prevention Plans, as well as regulations required by the Clean Water Act within guidelines drawn by the State. He has been involved with sites within the NYSDEP East -of -Hudson (E-O-H) watershed and covered several municipalities in the southeast portion of Dutchess County including the Town and Village of Pawling, Town of Beekman and the Town of East Fishkill. He also was responsible for preparing Stormwater Management Program manuals for Town of Poughkeepsie and Town of Beekman (see Attachment B). Mr. Andreassen's salary listed in the municipal rate schedule is $83 an hour. Again, thank you for the opportunity of serving you. The Town of Wappinger is poised by it's location to be a prime development site in the next few years and we would be proud and excited to continue to help guide all of you through to a place where quality of life exceeds the Community's expectations — water, wastewater, infrastructure, traffic, municipal buildings, recreation - there is really no challenge that we have not been faced with somewhere and have found positive solutions. I can be reached at our office at 845-454-3411 Ext. 19 or cell 845-546- 0799. Very truly yours, MORRIS ASSOCIATES Engineering Consultants, PLLC 2 Betsy Brow Director'gf (1 rketing For Raymond J. Jurkowski, PE Partner Enclosures BSB\sg E:\documents\Employee Documents\Suzanne Goodwin\SOQ\Cover Letters\Wappinger-Engineer 2-15-13.doc ATTACHMENT A TOWN BOARD PLANNING CONSULTANT With over forty years of municipal experience, we believe that MORRIS ASSOCIATES is the logical choice for the Town Board's consulting needs. We are very pleased to have on - staff an AICP certified professional planner, Liz Axelson. Since establishing a separate Planning Division within our firm, we have been fortunate to be appointed as Planning Consultant for the Towns of Fishkill, Hyde Park, Pawling and Milan, which are all experiencing significant growth pressures. We are also consulting in several other towns on various Town Board matters. With this certified planner (as well as support staff) on board, we can offer timely, accurate and comprehensive responses to your Town Board. The future success of your town depends on striking that careful balance between positive economic growth and strategic decisions regarding land use and resources. Ms. Axelson, AICP, has an extensive background in municipal planning at all levels. She has been a Professional Planner since 1987, with experience in environmental consulting and municipal planning including nine years as the Director of Planning for the Town of North Salem, New York. Her fields of expertise through serving a number of municipalities, either as a staff planner or a consultant, include: • Advisement about and review of land development and related environmental aspects and procedures. • Comprehensive plan preparation and community input processes. • Preparation and enactment of zoning, regulations and other code revisions. • SEQR reviews conducted for municipal clients include simple EAF reviews and complex procedures such as generic and supplemental EISs for projects involving rezoning and mixed use projects. • Complicated SEQR documents and land development application materials prepared for private clients addressed 100 to 400-unit residential, commercial and mixed -use developments involving annexation and rezoning actions and many in-depth resource analyses. All of these projects lend an important history and experience level that makes her understanding of the entire application process more realistic, both from a time constraint perspective, as well as an economic feasibility view. At the same time, her extensive experience for nine years as Director of Planning for the Town of North Salem, N.Y. gives her a unique viewpoint for municipal reviews. Interestingly, Ms. Axelson actually worked with the Town of Wappinger Planning Board years ago as part of the team at Matthew D. Rudikoff Associates, Beacon, New York, where she served as a Senior Planner. She was responsible for providing environmental/planning reviews of any land development for the Town Planning Board, as well as attending meetings to represent the Town and interface with the Community during public hearing and other scheduled reviews. Her first-hand knowledge of the Town makes her exceptionally qualified to serve the Planning Board as a Consultant. She was also a Senior Planner and Project Manager with Tim Miller Associates, Inc. Cold Spring, New York where she had wide-ranging experience with NYS SEQR advisement, project reviews, attendance at meetings with the public, and research and report. For at least part of this time, she was also involved with Planning and Environmental review projects with Rohde, Soyka and Andrews Consulting Engineers, P.C. Poughkeepsie, New York, where she again was responsible for Planning and Environmental review projects. Because of her extensive background and experience, and her long-time career of working within the municipal workplace in conjunction with applicants/applications/etc. you can see she is uniquely qualified to fill the position of Planning Consultant for the Town of Wappinger Town Board. ATTACHMENT B STORMWATER MANAGEMENT PROJECT EXPERIENCE Dutchess County Stomiwater Retrofit — Evaluated several candidate locations of existing drainage infrastructure where improvements are sought in order to meet pollution prevention goals imposed by NYSDEC regulations as well as the Clean Water Act. This work included field reconnaissance, assessment of conditions, evaluation of pollution potential resulting from sediment and phosphorous, ranking of sites in priority and projected costs. The review included sites within the NYCDEP East -of -Hudson (E-O-H) watershed and covered several municipalities in the southeast portion of Dutchess County including the Town and Village of Pawling, The Town of Beekman and the Town of East Fishkill. The review also included county DPW facilities within the E-O-H watershed. Stormwater Management Planning - Prepared Stormwater Management Program manuals for municipalities including the Town of Poughkeepsie and the Town of Beekman. This was done to assist the MS4 communities with compliance with NYSDEC MS4 permit and associated regulations. The manual identifies the organizational structure, best management practices and related guidance in order to provide the framework for the MS4 programs. This incorporates the means of achieving the goals set for by the six minimum control measures including: Public Education and Outreach, Public Involvement and Participation, Illicit Discharge Monitoring, Construction Site Stormwater Control, Post - Construction Stormwater Management, Pollution Prevention and Good Housekeeping. Indian Point-Entergy Corp., Stormwater Facilities — Design of new facilities and upgrades to existing drainage infrastructure at a high profile nuclear facility in Westchester Co., NY. The work included site layout, grading and access for drainage ponds associated with expanded parking facilities. Also included the design of pipe and catch basin network along with water quality and treatment devices intended to meet Phase 2 SPDES regulations. 1 2013 BASIS OF FEES FOR TOWN OF WAPPINGER MUNICIPAL ENGINEERING SERVICES (CTE) 1. Fee For the performance of the services set forth in "General Duties" TOWN agrees to pay ENGINEER a FEE of $12,834 dollars per month. All amounts shall be invoiced monthly by ENGINEER in accordance with the voucher requirements of the Town of Wappinger. 2. Fee Schedule The fees for services to be provided by Morris Associates, PLLC are tabulated below. Such fees shall not be exceeded without formally amending the Agreement. 3. Fee Basis The basis of payment for the work performed shall be in accordance with the hourly unit price method applied as a cost -reimbursable procedure: FEE SCHEDULE Functional Role Hourly Rate Partner / Principal / Managing Engineer $116.00 Associate Engineer $108.00 Senior Engineer $ 98.00 Senior Planner $102.00 Staff Engineer/ Planner $ 83.00 Project Engineer $ 89.50 Chief Construction Inspector $ 98.00 Senior Construction Inspector $ 79.00 Construction Inspector $ 66.00 Engineer $ 69.50 Residential & Commercial Building Designer $ 62.00 Survey Technician $ 90.00 Survey Party Chief $ 98.00 CADD Draftsman $ 95.00 Instrument Man $ 90.00 Survey Rodman $ 80.00 Two Man Survey Crew $150.00 Administrative* $ 30.00 Senior CADD Draftsman $ 77.00 Word Processor Operator $ 38.00 Project Expenses and Subcontractor Expense - Invoiced Amount Plus 10% Express Mail/Courier Services At Cost *Fees for such services are normally included in the hourly rates for technical personnel. Should the Town specifically request additional word processing or purely administrative assistance, such services will be provided at the rate shown. These rates are for the period January 1, 2013 thru December 31, 2013. Rates will be increased yearly in accordance with CPI. E:\accounting\documents\RATES\2013\Wappinger CTE Rates.doc PROPOSAL FOR Town of Wappinger Town Board MORRIS ASSOCIATES i . ENGINEERING CONSULTANTS, PLLC 9 Elks Lane, Poughkeepsie, New York 12601 64 Green Street, Suite 1, Hudson, New York, 12534 Tel:(845) 454-3411 Fax: (845) 473-1962 Tel:(518) 828-2300 Fax: (518) 828-3963 TABLE OF CONTENTS SECTION ONE: FIRM PROFILE SECTION TWO: WORK PROGRAM SECTION THREE: KEY PERSONNEL SECTION FOUR: REFERENCES FIRM PROFILE 0 z 0 z FIRM PROFILE MORRIS ASSOCIATES ENGINEERING CONSULTANTS, P.L.L.C. is a multi - disciplined, professional engineering and consulting firm with offices in Poughkeepsie and Hudson, New York. The firm has provided professional consulting services to the Hudson Valley Region since 1970. Among the varied professionals on staff, the following disciplines are represented: • Civil • Environmental • Structural • Construction Inspection • Architectural • Stormwater Management • Mechanical Since its inception, MORRIS ASSOCIATES has provided professional services to local governments at all levels, including villages and towns of all sizes. MORRIS ASSOCIATES is proud of our service to Town Boards and, as the enclosed chart shows, we have thirty municipalities as clients. A single professional (in this case, Robert Gray, PE) is the Project Engineer assigned to you. He will attend all meetings and be responsible for all correspondence; he will also have the ability to coordinate any "internal resources" as needed. The majority of our work experience (and greater than 70% of our workload) comes from extensive, long -running relationships with municipalities. Our success in municipal projects comes from our extensive experience in providing professional services to municipalities, our understanding of the financial burden and accountability they face, our knowledge of the public bidding process (including sound bid document preparation), flexibility in the design and construction process, honesty incorporated with a high level of information sharing/communication, good recordkeeping, excellent public presentation skills and paying attention to details. We provide honesty, a high level of information sharing/communication, excellent record keeping and attention to detail. E:\documents\Proposals\Suzanne Proposals\Wappinger\Wappinger Eng 1-2013\Firm Profile.doc As you know, our roles vary with each municipality. We offer day-to-day support for Highway or Building Departments and have assisted in Master Plans, zoning updates and sign, road, traffic feasibility studies. We also work directly with Highway Superintendents, helping them save valuable budget dollars with updated drainage information and road inspections. We have consulted with Recreation Departments and have done feasibility studies and Recreation Master Plans for several of our municipalities. We have also prepared space analyses, and new designs, as well as the rehabilitation of municipal facilities. We have been involved in countless road rehabilitation and sidewalk renovation projects involving design, bid documents, construction management and inspection. Because we have been involved with local agencies for so many years and have built solid relationships with Dutchess County Health Department, Dutchess County Department of Public Works, New York State Department of Transportation, and New York State Department of Environmental Protection, any problems and questions can be easily discussed and solved to everyone's benefit without long, drawn -out arguments. MORRIS ASSOCIATES has, after over 40 years of municipal experience, acquired extensive knowledge and expertise in any field of question. MORRIS ASSOCIATES has consciously built a specialized team of professional expertise and local client specific experience so that we can offer unparalleled consulting services. E:\documents\Proposals\Suzanne Proposals\Wappinger\Wappinger Eng 1-2013\Firm Profile.doc WORK PROGRAM WORK PROGRAM I. HOURS 1) ROBERT GRAY, PE - MANAGING ENGINEER. During the term of this Agreement and any renewal term, Mr. Gray shall provide the services of a qualified MANAGING ENGINEER to perform the GENERAL DUTIES set forth herein. The assigned MANAGING ENGINEER shall be subject to the approval of the Town Board. The services of the MANAGING ENGINEER shall be performed "on -site" in a location designated by the Town Supervisor during regular TOWN work hours, consisting of an average of 20 hours per week. 2) MIKE TAKACS - SENIOR ENGINEER. During the term on this Agreement and any renewal term, MANAGING ENGINEER shall designate a qualified ASSISTANT ENGINEER to work at the direction of Mr. Gray. The assigned ASSISTANT ENGINEER shall be subject to the approval of the Town Board. The services of Mr. Takacs shall be performed "on -site" in a location designated by the Town Supervisor during regular TOWN work hours, consisting of an average of 8 hours per week, but in accordance with ENGINEER'S employment policies in regard to compensation and benefits. Ii. FEE. 1) For the performance of the services set forth in "General Duties" TOWN agrees to pay ENGINEER a FEE of $12,834 dollars per month. All amounts shall be invoiced monthly by ENGINEER in accordance with the voucher requirements of the Town of Wappinger. III. SPECIAL ASSIGNED DUTIES. 1) When requested by the Town Supervisor, or the Town Board, ENGINEER agrees to perform the SPECIAL ASSIGNED DUTIES. The fee for such services shall be established on a case by case basis for each service item or matter in accordance with ENGINEER'S prevailing fee schedule. E:\documents\Proposals\Suzanne Proposals\Wappinger\Wappinger Eng 1-2013\Work Program.doc MOM, -.5•45=91 WORK PROGRAM (Continued) IV. GENERAL DUTIES Work to be performed by Morris Associates as part of the General Duties of Town Engineer shall include the following: 1) Oversee the day to day operations and management of the Building Department and any departmental staff. 2) Provide advice and recommendations to the Town Supervisor, Town Board, Recreation Department, Legal Department, Highway Department, Water Department, Sewer Department, Planning Department, Assessor, and Zoning Department on engineering matters not involving the review of an application or a matter for which a separate review fee (i.e. escrow account) has been established. 3) Coordinate with the Town Supervisor, Town Board, Recreation Department, Legal Department, Highway Department, Water Department, Sewer Department, Planning Department, Assessor and Zoning Department on engineering matters not involving the review of an application or a matter for which a separate review fee (i.e. escrow account) has been established. 4) Oversee project review work by Town Engineering staff for Town Board, Planning Board, Zoning Board of Appeals, Zoning Administrator and Highway Department applications and approvals. 5) Provide inspection work in regard to highway, drainage, recreation, and public and private construction projects for which a separate inspection fee has not been established. 6) Review and oversee the work of vendors regarding project design, project review and technical advice for Town Departments on engineering matters. 7) Oversee the work of Morris Associates' staff regarding project review, and technical advice for Town Departments on engineering matters involving the review of an application or a matter for which a separate review fee (i.e. escrow account) has not been established. 8) Attend regular and special meetings of the Town Board, Planning Board on engineering matters not involving the review of an application or a matter for which a separate review fee (i.e. escrow account) has not been established. E:\documents\Proposals\Suzanne Proposals\Wappinger\Wappinger Eng 1-2013\Work Program.doc WORK PROGRAM (Continued) 9) Prepare memorandum, reports and letters to address questions of the Town Board, Planning Board and Zoning Board of Appeals, including any standing and temporary committee(s) of the Town, on engineering matters not involving the review of an application or a matter for which a separate review fee (i.e. escrow account) has been established. 10) Assist the Town Highway Superintendent in responding to and reviewing drainage problems and complaints and the development of remedial action. 11) Assist the Town Water Department Supervisor in responding to and reviewing water distribution problems and the development of remedial action. 12) Assist the Town Sewer Department in responding to and reviewing sewage collection system problems and the development of remedial action. 13) Assist the Director of Recreation in the review of recreation facility construction and maintenance and the development of remedial action. 14) Assist the Town Supervisor and the Town Board in the development of the annual Town Budget corresponding to the duties as set forth in this section. 15) Attend bid openings. V. SPECIAL ASSIGNED DUTIES Work to be performed by Morris Associates as part of the Special Assigned Duties of Town Engineer shall include: 1) Attend regular, workshop, and special meetings of the Town Board, Planning Board, and Zoning Board of Appeals, including any standing and temporary committee(s) of the Town, on engineering matters involving the review of an application or a matter for which a separate review fee (i.e. escrow account) has been established. The fee for such services shall be established on a case by case basis in accordance with ENGINEER'S prevailing fee schedule and approved by the Supervisor. E:\documents\Proposals\Suzanne Proposals\Wappinger\Wappinger Eng 1-2013\Work Program.doc WORK PROGRAM (Continued) 2) Prepare memorandum, reports, and letters to address questions of the Town Board, Planning Board, and Zoning Board of Appeals, including any standing and temporary committee(s) of the Town, on engineering matters involving the review of an application or a matter for which a separate review fee (i.e. escrow account) has been established. The fee for such services shall be established on a case by case basis in accordance with ENGINEER'S prevailing fee schedule and approved by the Supervisor. 3) Review land development applications before the Town Board, Planning Board, and Zoning Board of Appeals as assigned by the Town Supervisor involving an application or a matter for which a separate review fee (i.e. escrow account) has been established. The fee for such services shall be established on a case by case basis in accordance with ENGINEER'S prevailing fee schedule and approved by the Supervisor. 4) Conduct post -approval construction inspections of applications approved by the Town Board, Planning Board, and Zoning Board of Appeals as assigned by the Town Supervisor involving an application or a matter for which a separate review fee (i.e. escrow account) has been established. The fee for such services shall be established on a case by case basis in accordance with ENGINEER'S prevailing fee schedule and approved by the Supervisor. 5) Attend Town Board meetings as required to assist the Board in the review of project work scopes and design specifications for highway, sidewalk, municipal water systems, municipal sewer system and drainage system improvements pursuant to one or more contracts for specific projects as may be approved by the Town Board in accordance (#1). 6) Develop bid specifications and bid packages for highway, sidewalk, municipal water system, municipal sewer system, and drainage system improvements pursuant to one or more contracts for specific projects as may be approved by the Town Board in accordance (#1). 7) Inspect highway, sidewalk, municipal water system, municipal sewer system, and drainage system improvements pursuant to one or more contracts for specific projects as may be approved by the Town Board. E:\documents\Proposals\Suzanne Proposals\Wappinger\Wappinger Eng 1-2013\Work Program.doc RELEVANT PROJECT INFORMATION TOWN OF WAPPINGER Plans for Phase I of the DEP water main extension were completed and approved and put out to bid in approximately 6 months. This size job would normally take a year. The project was estimated for purposes of negotiation with DEP at $5 million with a 10% contingency for a total of $5.5 million. The total negotiated price with DEP was $11 million for Phase I and II. We received approximately 10 bids. The low bid was $4.2 million. This leaves up to $1.3 million, including the full contingency, that can be applied to Phase II, which is the further extension of water main to Chelsea. We are optimistic that the bids for Phase II will also come in below our estimate that was used for negotiation with DEP. We were purposely conservative with our estimate which resulted in additional monies for the UWWD. Our estimate for the DEP funded work is especially poignant at this time because of the "under" estimate that was prepared by the Tri-Muni engineers for the work at the pump station serving the Village and the Town. This resulted in approximately $200k of additional costs to the Town after the Town had already completed the bonding resolution for the originally estimated amount. E:\documents\Proposals\Suzanne Proposals\Wappinger\Wappinger Eng 1-2013\Relevant Project Information.doc *".'ltra KEY PERSONNEL P4,91 --gm/ -swt, —'n'ms901 tMkell ,vokri r- 1' r- MORRIS ASSOCIATES ORGANIZATIONAL CHART Civil Enaineerinq Mike Takacs Managing Engineer 6bert Water Distribution John Lazarony, PE Andy Seidel, PE Stormwater Richard Andreassen, PE, CPESC E:\documents\Proposals\Suzanne Proposals\Wappinger\Wappinger Eng 1-2013\MA Company Org Chart.doc Inspection Mark Long, PE '''ft.ii0M•MWMOM11.00:Mai001111.a.1 PROJECT TEAM EXPERIENCE MORRIS ASSOCIATES has assembled a comprehensive team of professionals to provide technical knowledge and experience for your Town Board consultation. Although one professional is your contact (Robert Gray, P.E.), there are qualified personnel prepared to assist when necessary - either because of time constraints or specific experience. Selected staff resumes have been included with our proposal. We are certain that our proposed team will give you the most competent consultation for the Planning Board requirements. Please review below the specific qualifications of our team: ROBERT GRAY, P.E., has been responsible for the past four years for all the Town of Wappinger's engineering needs. He will continue to be your primary contact and the Consulting Engineer for the Board should you choose our organization. Bob has worked and lived in and around the Town for over thirty years. He also has the advantage of cumulative infrastructure knowledge for the entire Wappinger area due to his history as owner of Mid - Hudson Pollution Control (a public water supply and wastewater treatment facility company). As Managing Engineer with Morris Associates, Bob is an interface between all of the departments in the town. With his extensive background dealing with businessmen, builders and developers, he has the ability to make any resident with questions feel he is being treated fairly while still protecting the quality of life for the Town. MICHAEL TAKACS has 30+ years of civil engineering experience which makes him a valuable asset to the Town of Wappinger Building, Planning, Zoning and Fire Department, as well as the Highway Department. He has served in the position of Assistant Engineer for the Town under Bob Gray and provides coverage in the Town Hall for day-to-day matters that arise. Mike performs site inspections, reviews plans and submissions to all of the Boards. He has designed utility plans for water, sewer and drainage projects for the Town. JOHN LAZARONY,PE, a senior engineer, has the responsibility of supervising a number of engineers and draftsmen in a variety of projects. Mr. Lazarony manages the design and upgrade of central water systems and evaluation of water storage and distribution systems utilizing Hardy Cross Computerized Network Analysis. He designs the extension of existing water distribution facilities. He has applied for State Revolving Loan Funds (SRF) for various water system improvements and Prepares Map, Plan and Report evaluations for the purchase of water and wastewater facilities. E:\documents\Proposals\Suzanne Proposals\Wappinger\Wappinger Eng 1-2013\Project Team Experience 2-13.doc ""Mni PROJECT TEAM EXPERIENCE (Continued) ANDY SEIDEL, PE, Has designed water systems and upgrades to existing water systems; treating for a wide variety of contaminants and addressing a myriad of issues. Designs have included source development and rehabilitation, treatment systems and upgrades, and distribution systems and improvements thereto. System sizes range from 150 GPD to 2,000,000 GPD. RICHARD ANDREASSEN, IE, CPESC, has an extensive background in Soil and Water Conservation, all phases of NYSDEC Stormwater regulations, including Stormwater Pollution Prevention Plans (SWPPP's). He is our in- house expert in drainage, soil erosion and sediment control plans, stormwater management practices and regulations, and helps with reviews of other civil engineering projects and actions. Richard has served under several of our Professional Engineers while assisting in any project regarding environmental resources or concerns. He is familiar with all regulations and information regarding State Emergency Management Agency (SEMA), NYS Department of Environmental Conservation (DEC) and Army Corps of Engineers (ACOE) and all requirements for project funding and permitting, including stream management. MARK LONG, PE, has been in Construction Inspection for 23 years. As Head of Construction Services at Morris Associates he is in charge of overseeing all construction management projects. He notably provided resident engineering services with regard to construction management and inspection for the Central Dutchess Transmission Line, with a total project cost of $32 million. Mr. Long also institutes construction administration and inspection programs for municipal projects, including water distribution, storage, road reclamation, sanitary sewer collection and wastewater treatment. As an Engineer, Mark has designed sanitary sewer, water supply and storage, sanitary landfill closure and drainage facilities, as well as $6 million of road improvements for the Town of Poughkeepsie. E:\documents\Proposals\Suzanne Proposals\Wappinger\Wappinger Eng 1-2013\Project Team Experience 2-13.doc 4.1 %,4111., , ROBERT J. GRAY, P.E. POSITION: Managing Engineer Morris Associates Engineering Consultants Poughkeepsie, NY EDUCATION: Rensselaer Polytechnic Institute - Troy, New York Bachelor of Science Civil Engineering EXPERIENCE: Morris Associates, P. L.L.C. Poughkeepsie, NY — Managing Engineer Gray Engineering, P.C. Poughkeepsie, NY - Engineer - Owner Gray, Railing & Heinsman / Barger, Campbell, Gray & Railing, Engineering & Surveying, P.C. Wappingers Falls, NY - Engineer - President/Owner Dutchess County Dept of Health Poughkeepsie, NY - Senior Public Health Engineer New York City Board of Water Supply New York, NY - Civil Engineer Research & Development MANAGING ENGINEER: Project management rties for the Town of Wappinger include: office representative a Engineer serving both the Town Board and. Planning Boar• , _ • • ay and Recreation Departments, supervision of projects, en •' - g design, client meetings, project budgets -and attendance at Town meetings. Responsible for review of SEQRA for development projects within the role of Town Engineer. Prepare project specifications and construction cost estimates as needed for competitive bidding process. SENIOR ENGINEER: Senior Public Health Engineer / Chief of Engineering Dutchess County Depar ent f- ealth- _Pou hkeepsie, New. York. Review and approval of su divisio . lans, site ans, 'ter supply systems sewage disposal syste s, insp Lion of, public water supply-syste inssp .ct n of wastewater..trenent flities. 1, PRINCIPAL, ENGINEER President Supervisi wastewate ntrol - Wappipgers Falls, NY iaintenance of Public water supply and President - Gray. Engineering, .F C - Poughkeepsie, New York Preparation of sublivisiorthplans site plans, water supply systems, sewage disposal systems and,sbuilding,s. pl s for houses apartments, mobile home parks, banks, gas stations, -4,Tirage warehouses and office buildings including specifications, construction management and inspection. 0;w1 .11111 POSITION MICHAEL E. TAKACS Senior Engineer Morris Associates Engineering Consultants Poughkeepsie, NY EDUCATION Dutchess Community College, Poughkeepsie, NY Degree: A.S. Applied Science, 1971 Stormwater Management Program — Syracuse University, 2004 EXPERIENCE Morris Associates Engineering Consultants Poughkeepsie, NY - Senior Engineer Civil Technologies and Engineering, P.C. Wappingers Falls —Senior Civil Engineer 1999 - 2006 John E. Railing, P.E., P. Wappingers Falls — Seni 1985 —1999 Dutchess county Departmen `. h Poughkeepsie— Public Health Engineering Technician 1975.»-1985 Milton Chat n and Associates Poughkeepsie Surveying Draftsman 1971 1975 ENGINEER Responsibilities inceus t , esign% of water supply, draina a, sanitary sewer sewer tk u t pyout,, and design of site plans and sflb tiniohs' s repre entativ8\ in the Towns of Pleasant nsble for coordination and review of r►log Board, Zoning Board, and Highway s'responsibility includes the preparation ns, for municipal projects. Perfpra site divisions including road Iayo t Soit e system placement. Construction Inspector for private` and r iunicipal projects to assure compliance with construction documents and localnd state, , s. systems, this inc Also, as the T Valley and submissions:', and Recreati of Contract evaluations for, site- Ian a investigation for_ subsurface n En ark 1M,MN .ftM41 POSITION JOHN F. LAZARONY, JR., P.E. Senior Engineer Morris Associates Engineering Consultants Poughkeepsie, NY PROFESSIONAL LICENSES Professional Engineer, NYS License #066774 EDUCATION EXPERIENCE SENIOR ENGINEER Supervision of a num t? r - rs and draftsmen in a variety of projects. Managed the design an f central water systems and evaluation of water storage and distribution systems utilizing Hardy Cross Computerized Network Analysis. Performed design of extending existing water distribution facilities. Applied for State Revolving Loan Funds (SRF) for vario water system improvements. Prepared Map, Plan an ' evaluation f r the purchase of water and wastewater facile. With respect to E `R, developed and oversaw the preparation of E n nmental Impact Statements (EIS) and Assessment Forms (EAR), along with water su l a tic Lions. .: pP �pp State University of New York at Buffalo, Buffalo, NY Degree: B.S. Chemical Engineering, Cum Laude, 1984 Academic Honors included Tau Beta Pi Engineering Honor Society. Specialized courses included Chemical Process Analysis (Computer Aided Design), Material Science and Corrosion, Chemical Process Control and Chemical Engineering Plant Design. Morris Associates, Engineering Consultants, Poughkeepsie, NY — _ '. n • ineer In addition to o-goingI sponsibilities, expanded responsibilities LL'.. .developed in tt e subdi des gn :process. This included site grading, road design, Sion control n computer applications oversaw op ration of a com uter aided design (CAD) system. i computer network. ; STAFF Involved with evaluation, dsn, nd upgrade of water supply ENGINEER and wastewater -disposal` faplitiet.`, valuated inactive waste disposal sites. Prepared engineering reports ipcluding design information. Created various engineering computer programs: POSITION LICENSES ANDREW P. SEIDEL, PE Senior Engineer Morris Associates Engineering Consultants Poughkeepsie, NY New York State Registered Professional Engineer — 2011 EDUCATION Iowa State University, Ames, IA Degrees: Bachelor of Science, Engineering Operations, 1998 Background in Chemical and Civil Engineering. EXPERIENCE 2001- Present Morris Associates Engineering Consultants; Poughkeepsie, NY Staff Engineer Water/Wastewater Experience: Performed cost estimations, feasibility reports, and site evaluations of existing Water and Wastewater treatment plants to examine expansion potential. Design of subsurface disposal systems for residential and commercial properties. Design and/or troubles ':s • of sewer systems/ pump stations and treatment plants i »` •w and Infiltration investigation. Construction insp- • administration of water and sewer main installation Lead Process Engineer: ""'•`•` ell Hamlet Sewer District Lead Design Engineer: Greenport WWTF Upgrade Process Engineer: Stockport WTF Upgrade Designer/Field Inspector: Greenbush Water District Extension Lead Design Engineer: Highland STP Upgrade Evaluate wastewater treatment facilities utilizing rotating bioiogipa-contactors,trickling filters, contact stabilization, extended aerati convention activated sludge and proprietary pack e planks. Also includes plagt§� tiIizir „, nitrif tion/denitri +moton technologies. _. 1998-2001 Gemark Co Redesi new air pollution . con systems, and- w,er/bbi system for fugitive odor e - Plant Engineer \ er\throughput of product. Design ystems, wastewater treatment treatment systems. Designed control sions. Responsible for managing OSHA and environmental compliance of the facility. Prepared Tier I, Tier Il, and Form R reports. Managed the inventory of chemicals. Assisted company's other process facility with regard to the above responsibilities. MTOPAI ,...17111 RICHARD J. ANDREASSEN, PE, CPESC POSITION EDUCATION LICENSES/ CERTIFICATIONS EXPERIENCE ENGINEER Staff Engineer Moms Associates Engineering Consultants Poughkeepsie, NY SUNY College of Environmental Science and Forestry, Syracuse, NY Bachelor of Science — Environmental Resources and Forest Engineering, 2008 SUNY Ulster County Community College Associate in Applied Science — Math/Science, 2004 Registered Professional Engineer in New York Certified Professional in Erosion and Sediment Control - 2008 Morris Associates Engineering Consultants Poughkeepsie, NY — Engineer (2005 — present) Greene County Soil and ater Conservation District Cairo, NY — Intern Enginee 05) Responsible for several p and commercial propert disposal systems, draina designs,.. development of Stormwater sediment control plans and various other civil engineering projects and actions. Other responsibilities include construction inspection and inspector report record keeping, NYS SPDES Phase 11 compliance inspections, preparation prOttlect specifications) ari civil engineering site plan review on projects before various municipal board% Stream restorer projeci embankment stabilization modeling and plat prepai (SEMA), NYSDepartment of Engineers ( ` ).- re designs Inc measures to d development projects for realty subdivision include site and grading plans, sewage water management practices, culvert Ilution Prevention Plans, soil erosion and include: the si ,;and analysis of multiple stream rojects which involvialhe._hydrologic and hydraulic on to meet State Emergency- MlieritAgenc Ennvirorlmental Conservation (DEC) and Army Corps ts. fori project :unding and permitting. The ization using ',structural and biotechnical As an intern pert County Soil & Water ConservationConservatioix9ivick was responsible forge "morphia, Area classifications, watershed assessments, design and analysis of Stormwaterigeiment systems including hydrologic and hydraulic analysis, watershed rfiaagem nt reports and wetland mitigation plans. REFERENCES rn 4-1 0 sin 0 REFERENCES - MUNICIPAL DUTCHESS & ULSTER COUNTIES SUPERVISORS/MAYORS TOWN OF BEEKMAN Mr. Matthew Kennedy Supervisor 4 Main Street Poughquag, NY 12570 845-724-5300 mkennedy@townofbeekman.com TOWN OF GARDINER Mr. Joe Katz Supervisor PO Box 1 Gardiner, NY 12525 845-255-9675 x101 togtsupv@hvc.rr.com TOWN OF LLOYD Mr. Paul Hansut Supervisor 12 Church Street Highland, NY 12528 845-691-2144 phansut@townoflloyd.com TOWN OF PAWLING Mr. David Kelly Supervisor 160 Charles Colman Blvd. Pawling, NY 12564 845-855-4464 dpkelly@pawling.org TOWN OF POUGHKEEPSIE Mr. Todd Tancredi Supervisor One Overocker Road Poughkeepsie, NY 12603 845-485-3603 tancredi@townofpoughkeepsie-ny.gov TOWN OF CLINTON Mr. Jeffrey Burns Supervisor PO Box 208, Clinton Corners, NY 12514 845-266-5721 JBurns@townofclinton.com TOWN OF HYDE PARK Ms. Aileen Rohr Supervisor 4383 Albany Post Rd. Hyde Park NY 12538 845-229-5111 arohr@hydeparkny.us VILLAGE OF MILLERTON Mr. John Scutieri Mayor PO Box 528 Millerton, NY 12546 518-789-4489 scutieri@aol.com TOWN OF PINE PLAINS Mr. Brian Coons Supervisor P.O. Box 955 Pine Plains, NY 12567 518-398-8600 supervisor@pineplains-ny.gov VILLAGE OF TIVOLI Mr. Bryan Cranna Mayor 1 Tivoli Commons Tivoli, NY 12583 845-757-2021 mayor@tivoliny.org mgfria vommi -7.Arrita .opcpri REFERENCES — MUNCIPAL (Continued HIGHWAY SUPERINTENDENTS TOWN OF EAST FISHKILL Mr. Dennis Miller Highway Superintendent 330 Rt. 376 East Fishkill, NY 12533 845-221-2681 hwy@eastfishkillny.org TOWN OF HYDE PARK Mr. Walter Doyle Highway Superintendent 627 Albany Post Road Hyde Park, NY 12538 845-229-9416 highway@hydeparkny.us TOWN OF POUGHKEEPSIE Mr. Marc Pfeifer Highway Superintendent 1 Overocker Road Poughkeepsie, NY 12603 845-485-3636 mpfeifer@townofpoughkeepsie-ny.gov WATER PLANT ADMINISTRATOR Charles Simmons Director of Physical Plant BARD COLLEGE WATER TREATMENT FACILITY Annandale -on -Hudson, NY 12504 (845) 758-7465 simmons@bard.edu Adam Litman Water Plant Administrator TOWN OF LLOYD 12 Church St. Highland, NY 12528 845-691-2400 alitman@townoflloyd.com Mr. Randy Alstadt Water Plant Administrator CITY/TOWN OF POUGHKEEPSIE JOINT WATER BOARD Poughkeepsie, NY 845-459-4161 ralstadt@cityofpoughkeepsie.com Stormwater Management Consultants, Inc. Barbara Gutzler, Supervisor and Members of the Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Proposal for Professional Services Dear Supervisor Gutzler: February 9, 2013 Supervisor Office FEB 1 3 2013 Received Please accept this proposal for professional consultation services by Stormwater Management Consultants, Inc. (SMC) to the Town of Wappinger in the capacity of Stormwater Management Program (SWMP) Coordinator/Consultant, and any directly related consultation services relative to the Town's compliance with its SWMP as the Town may desire. My firm has served in this capacity for the Town of Wappinger since January 2008, and SMC thanks you for the opportunity to present this proposal for continued professional consultation services for the Town of Wappinger Stormwater Management Program (SWMP) Coordinator/Consultant position. The SWMP Coordinator is responsible for coordination of the Town's SWMP, and the efforts to fully implement the Six (6) Minimum Control Measures contained within the SWMP. SMC will continue to act as the Town of Wappinger Stormwater Management Program (SWMP) Coordinator/Consultant, to coordinate all efforts for full and continued implementation and compliance of the Town of Wappinger's SWMP. SMC will coordinate and implement all measures and Best Management Practices (BMPs) contained within the Town of Wappinger SWMP. SMC will consult with the Town of Wappinger Supervisor and Town Board, the Town of Wappinger Highway Superintendent, Town of Wappinger Stormwater Management Officer (SMO), and other Town departments, staff and consultants as necessary throughout the ongoing implementation period and to continue to maintain compliance with all permit requirements. This task includes, but is not limited to the following: P.O. Box 202, LaGrangeville, New York 12540 Phone 845-462-0022 • Fax 845-462-0033 w.artus@verizon.net 1 • Preparation of the Town of Wappinger Municipal Compliance Certification (MCC) to the NYSDEC. The MCC is to be included with the Town of Wappinger SWMP Annual Report and is due to the NYSDEC on June 1st of every calendar year, the end of the reporting period being March 9th of every calendar year. • Preparation of the Town of Wappinger SWMP Annual Report to the NYSDEC. The Town of Wappinger SWMP Annual Report is due to the NYSDEC on June 1st of every calendar year, the end of the reporting period being March 9th of every calendar year. • Full preparation and consultation with the Town of Wappinger Supervisor and Town Board, Town Highway Superintendent, Town staff, consultants, etc. in the event the Town of Wappinger receives notification of an impending audit and evaluation of the Town's SWMP by the NYSDEC and/or EPA. • Consultation as required with the NYSDEC relative to the Town of Wappinger SWMP. • Coordination of ongoing Public Education and Outreach efforts as required by SPDES Permit GP-0-10-002. • SMC will continue to provide educational training of Town staff, as required by SPDES Permit GP-0-10-002. • Attendance and representation of the Town of Wappinger at the Dutchess County Regulated MS4 Coordination Committee monthly meetings conducted at the Dutchess County Soil and Water Conservation District (DCSWCD) offices, Town Board meetings, Stormwater Committee meetings, etc., as required, or requested. • Ongoing updates and professional consultation to the Town of Wappinger Supervisor and Town Board relative to significant issues pertinent to the Town's SWMP or NYSDEC regulatory requirements. • Coordination and/or consultation with the Town of Wappinger Stormwater Management Officer (SMO) as required, or requested. • Coordination and/or consultation with the Town of Wappinger Town Engineer as required, or requested. 2 • Coordination and/or consultation with the Town of Wappinger Town Attorney as required, or requested. • Coordination and/or consultation with Town of Wappinger Highway Department, Town Boards, officials, and staff as required, or requested. • Maintenance of the Town of Wappinger SWMP reports, inspection reports, records, documentation, etc. for inclusion in the Town of Wappinger SWMP Plan files in preparation for Annual Reports and also for any SWMP audits and/or evaluations by the NYSDEC and/or EPA. • Construction site inspections for compliance with SPDES General Construction Permit GP-0-10-001, and/or the Code of the Town of Wappinger if requested by the Town (billable to the Applicant's escrow or inspection fee). • Review of Stormwater Pollution Prevention Plans (SWPPPs) and Erosion and Sediment Control Plans for compliance with SPDES General Construction Permit GP-0-10-001 and/or the Code of the Wappinger, if requested by the Town (billable to the Applicant's escrow or inspection fee) To include the Town of Wappinger, SMC currently serves as the SWMP Coordinator for nine (9) municipalities, six (6) being located in Dutchess County and three (3) being located in Ulster County. In addition to serving in the capacity of the SWMP Coordinator as noted herein, SMC also serves as the Planning Consultant to the Town of LaGrange Planning Board, the SWPPP Compliance Inspector for the Town of LaGrange, the Town of East Fishkill Environmental Monitor (SWPPP Compliance Inspections); select SWPPP reviews for the Town of East Fishkill Planning Board, Town of East Fishkill Ha7 d Mitigation Committee, and in various other capacities, tasks and consultation as per the request and/or direction of the Supervisor and/or Town Board of which municipalities SMC serves as the SWMP Coordinator. It is also noted since serving in the capacity as the SWMP Coordinator for the Town of Wappinger, the Town of Wappinger's SWMP has undergone an audit and evaluation by the NYSDEC on two (2) occasions. On both occasions, the Town of Wappinger has received a "Satisfactory' grade from the NYSDEC, being the highest grade they provide. To date, SMC as the SWMP Coordinator for multiple municipalities has participated and represented municipalities in thirteen (13) SWMP audits and evaluations by the NYSDEC, with all municipalities receiving a "Satisfactory" grade. Of additional note is in November 2011, I passed an exam to become a Certified MS4 Specialist (CMS4S) which is a national certification. As such, I currently serve on the Executive 3 Committee of the CMS4S Council as the Regional Representative for Region 1 (Vermont, New Hampshire, Maine, Connecticut, Massachusetts, Rhode Island) and the Regional Representative for Region 2 (New York, New Jersey, Puerto Rico, U.S. Virgin Islands). Please find attached a copy of the 2013 SMC Billing Rate Schedule. It is noted that SMC provides a 20% municipal discount for services performed directly for the municipality. The billing rate provided is consistent with the billing rate for professional consultation services to the Town of Wappinger that SMC has provided since 2008. Also, please find attached a list of municipal references in which SMC serves as the SWMP Coordinator in addition to other capacities. Additionally, a listing of certifications, memberships and affiliations had been attached. I thank you for your consideration, and if you have any questions relative to this matter, you may contact me directly at 845-462-0022. WRA/wra Attachments: 2013 SMC Billing Rate Schedule Municipal References Certifications / Memberships & Affiliations Walter R. Artus, CPESC, CMS4S Principal 4 Stormwater Management Consultants, Inc. Walter R. Artus, CPESC, CMS4S Certifications: 1. Certified Professional Erosion Sediment Control (CPESC) 2. Certified Municipal Separate Storm Sewer Systems Specialist (CMS4S) Memberships & Affiliations: 1. CMS4S Executive Council Member as Region 1 and Region 2 Representative 2. Ex Officio Member of Technical Advisory Committee to the Executive Committee of the NYC East of Hudson Watershed Corporation 3. Member Hudson Highlands Environmental Consulting Consortium 4. National Sustainable Building Advisor Program (NaSBAP) SUNY Ulster Guest Instructor 5. Accredited Business of the Mid -Hudson NYS Better Business Bureau (BBB) 6. Association of Watershed and Stormwater Professionals (AWSP) 7. International Erosion Control Association (IECA) 8. Soil and Water Conservation Society (SWCS) 9. New York State Stormwater & Floodplain Managers Association (NYSSFMA) 10. Builders Association of the Hudson Valley (BAHV) 11. New York State Builders Association (NYSBA) 12. National Association of Home Builders (NAHB) Stormwater Management Consultants, Inc. Municipal References: 1. Joe Luna, Supervisor Town of LaGrange Town Board 120 Stringham Road LaGrangeville, New York 12540 jluna a(�.Iagrangenv.orq 845-452-9062 2. John Hickman, Supervisor Town of East Fishkill Town Board 330 Route 376 Hopewell Junction, New York 12533 hickmaniaeastfishkilInv.orq 845-221-4303 3. Carl Tomik, Supervisor Town of Pleasant Valley Town Board 1554 Main Street Pleasant Valley, New York 12569 pvsCa.pleasantvallev-nv.gov 845-635-3598 4. Robert LaColla, Supervisor Town of Fishkill Town Board 807 Rte. 52 Fishkill, New York 12524 blacolla(fishkill-nv.gov 845-831-7800 5. David Kelly, Supervisor Town of Pawling Town Board 130 Charles Colman Blvd. Pawling, New York 12564 dpkellvapawling. orq 845-855-4464 1 Municipal References: 6. John Valk, Jr., Supervisor Town of Shawangunk Town Board 14 Central Avenue P.O. Box 247 Wallkill, New York 12589 ivalkir(ahvc.rr.com 845-895-2900 7. Michael E. Warren, Supervisor Town of Marbletown Town Board P.O. Box 217 Stone Ridge, New York 12484 supervisorta' ,marbletown. net 845-687-9673 ext. 7 8. Paul Landi, Supervisor Town of Kingston Town Board 906 Sawkill Road Kingston, New York 12401 townhallkingston(a hvc.rr.com 845-336-8853 2 Stormwater Management Consultants, Inc. BILLING RATE SCHEDULE: EFFECTIVE JANUARY 2013 BILLING TITLE HOURLY RATE President $125 Clerical $25 Labor charges include administrative services, telephone, US mail and facsimiles. BILLING: Project costs will be billed monthly. Invoices are payable, net 30 days. REIMBURSABLES EXPENSES: Stormwater Management Consultants, Inc. does not charge Municipal clients reimbursable expenses such as mileage, tolls, reproduction of reports, drawings, photocopies, etc. MUNICIPAL BILLING RATES: Stormwater Management Consultants, Inc. will provide a twenty (20) percent municipal discount on the 2012 billing rates for all services performed directly for the municipality. Therefore, the hourly billing rate performed directly for a municipality is $100/hr. PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie, New York 12601 845-471-7898 845-471-0905 (FAX) -" February 15, 2013 HAND DELIVERED: Town Board Town of Wappinger Supervisor Office 20 Middlebush Road Wappingers Falls, New York 12590 FEB 1 5 2013 Attention: Supervisor Barbara Gutzler Received Reference: Civil Engineering Proposal / Cost Portion Contract Period: April 1, 2013 to December 31, 2013 Dear Supervisor Gutzler & Board Members: Please accept this letter as our formal proposal from Paggi, Martin & Del Bene, LLP, Consulting Engineers and Land Surveyors, to establish rates to furnish engineering and surveying services to the Town of Wappinger for the contract period, April 1, 2013 to December 31, 2013. 1 have enclosed our hourly rate schedule for your review for 2013. As you can see, our rates are approximately 10% lower than the rates charged to the Town in calendar year 2007. We have offered this rate for the duration of calendar year 2013 in light of the current economic conditions within our area and in recognition of our past relationship with the Town. For municipalities facing difficult budget times, furnishing high quality professional services is what our firm has tried to maintain, and we feel we can offer this to the Town of Wappinger. I would also like to point out that we would not charge the Town for mileage, copies, fax, etc. When we utilize subcontractors, there is no markup on their invoices when included in our bill. When comparing our rates to other rates in the Dutchess County area, I find they are probably an average of 20%-50% lower than our competitors. Thank you th opportunity to present this proposal. 64;. JEP:law Enclosure: 2013 Rate Schedule Joseph E. Paggi, Jr., P.E. Ernst Martin, Jr., P.E., L.S. Charles R. Del Bene, Jr., P.E. 1962 - 2006 PAGGI, MARTIN & DEL BENE LLP HOURLY FEE SCHEDULE FOR 2013 TOWN OF WAPPINGER • Principal $108.00 • Senior Engineer $ 85.00 - $95.00 • Junior Engineer $ 70.00 - $80.00 • Survey Instrument Man $ 90.00** • Survey Rod Man $ 80.00** • Survey Computation $86.00 • Construction Inspector $ 60.00 - $90.00* * Amount to be determined by the salary of the construction inspector based on experience and/or education. Municipal Public Work Surveying in Dutchess County to be paid at the prevailing wage rate set by the New York State Department of Labor at that time. ** PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie, New York 12601 845-471-7898 845-471-0905 (FAX) February 15, 2013 HAND DELIVERED: Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Supervisor Barbara Gutzler Reference: Civil Engineering Proposal / Cost Portion Contract Period: April 1, 2013 to December 31, 2013 Dear Supervisor Gutzler & Board Members: Please accept this letter as our formal proposal from Paggi, Martin & Del Bene, LLP, Consulting Engineers and Land Surveyors, to establish rates to furnish engineering and surveying services to the Town of Wappinger for the contract period, April 1, 2013 to December 31, 2013. I have enclosed our hourly rate schedule for your review for 2013. As you can see, our rates are approximately 10% lower than the rates charged to the Town in calendar year 2007. We have offered this rate for the duration of calendar year 2013 in light of the current economic conditions within our area and in recognition of our past relationship with the Town. For municipalities facing difficult budget times, furnishing high quality professional services is what our firm has tried to maintain, and we feel we can offer this to the Town of Wappinger. Supervisor Office FEB 15 2013 Received I would also like to point out that we would not charge the Town for mileage, copies, fax, etc. When we utilize subcontractors, there is no markup on their invoices when included in our bill. When comparing our rates to other rates in the Dutchess County area, I find they are probably an average of 20%-50% lower than our competitors. Thank you th opportunity to present this proposal. (Jr JEP:law Enclosure: 2013 Rate Schedule Joseph E. Paggi, Jr., P. E. Ernst Martin, Jr., P.E., L.S. Charles R. Del Bene,Jr., P.E. 1962 - 2006 PAGGI, MARTIN & DEL BENE LAP HOURLY FEE SCHEDULE FOR 2013 TOWN OF WAPPINGER • Principal $108.00 • Senior Engineer $ 85.00 - $95.00 • Junior Engineer $ 70.00 - $80.00 • Survey Instrument Man $ 90.00** • Survey Rod Man $ 80.00** • Survey Computation $86.00 • Construction Inspector $ 60.00 - $90.00* • Amount to be determined by the salary of the construction inspector based on experience and/or education. Municipal Public Work Surveying in Dutchess County to be paid at the prevailing wage rate set by the New York State Department of Labor at that time. ** Joseph E. Paggi, Jr., P.E. PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie, New York 12601 845-471-7898 845-471-0905 (FAX) February 15, 2013 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Supervisor Barbara Gutzler Reference: Civil Engineering Proposal April 1, 2013 to December 31, 2013 Dear Supervisor Gutzler & Board Members: Please accept this letter to establish rates to furnish engineering and surveying services for the calendar period April 1", 2013 to December 31", 2013. As you know, our firm had provided the Town with these services for twenty-two (22) years until January 2008, and would very much like to reinstate our relationship. We feel that we had provided the Town with excellent services over those twenty-two years and had been able to design and implement cost-effective engineering solutions to the Town 's infrastructure needs. We have focused on designing and managing projects to remain within budget and achieve the design goals. I feel that we had achieved this to a very high degree. We would propose to reinstate these efforts in the future for what we feel will be a critical time in the development of the Town. Providing cost effective services to the Town appears to be an important consideration for all municipalities. Another area in which we feel we have given invaluable assistance to the Town is providing day to day support to the staff at Town Hall. We feel we have done this for various offices in the Town, including the Building, Zoning, Planning, Comptroller, and the Highway Superintendent. In light of our past tenure, we have an extensive knowledge of the Town and file database, infrastructure, and past history. This allowed us to provide backup information and quick response time to the everyday needs. I feel that the Town had benefited in the past by having a senior partner as a single contact for the Town, and will guarantee to perform to the same level of service as we have in the past. I would further point out that both partners are long-time and current residents of the Town, and therefore, have a personal interest in the Town's future. The primary individual from our company will be myself, Joseph E. Paggi, Jr., P.E., and will have assistance from Ernst Martin, Jr., P.E., partner, and necessary staff. Ernst Martin, Jr., P.E., L.S. Charles R. Del Bene, Jr., P.E. 1962 - 2006 HAND DELIVERED: Supervisor Office FEB 15 2013 Received Supervisor Gutzler 2 February 15, 2013 Town Board Re: Civil Engineering Proposal April 1, 2013 to December 31, 2013 We currently are the municipal engineers for the Village of Wappingers Falls and the Town of Milan. I have enclosed contact information from both of the municipalities for your review and use. In addition, I have also enclosed our project list for work performed for municipalities we represented in the past and currently. It had been a pleasure to be allowed to work with the Town and the different Boards throughout the years. We appreciated the business and if the Town Board is so inclined, we could be available to discuss the potential of providing these services again to the Town. I would be more than happy to make myself available for an interview with the Town Board if so desired. Thank you for your consideration. In the interim, if there are any questions or comments, please dot hesitate to contact me. Ver ' ly you oseph . Paggi, J J EP:Iaw Enclosure: Contact Information Project List 41, ❑ Village of Wappingers Falls: Hon. Matthew Alexander. Mayor Village Board 2628 South Avenue Wappingers Falls, New York 12590 (845) 297-8773, Extension 5 matt(a,wappingersfallsnv. gov ❑ Town of Milan: Hon. William Gallagher, Supervisor Town Board 20 Wilcox Circle Milan, New York 12571 (845) 758-5133, Extension 28 supervisor(milan-nv.gov ❑ Hon. Glen Butler Highway Superintendent 20 Wilcox Circle Milan, New York 12571 (845) 758-5164 gbutler 12571 @'yahoo. com u Town of Milan PROJECT LIST Paggi, Martin & Del Bene, LLP 56 Main Street Poughkeepsie, New York 12601 Town Engineer OFESSIONAL FEES onstruction Value) Varies In Progress u Town of Milan Landfill Closure $ 80,000.00 Completed u Town of Milan Pink Lane Bridge Replacement Design/Project Inspection $ 350,000.00 Completed 2008 ❑ Town of Milan Old Mill Bridge Repair Design/Project Inspection $ 150,000.00 Completed 2008 u Town of Milan Rock City Road Bridge Repair Design/Project Inspection $ 150,000.00 Completed 2009 ❑ Town of Milan Salisbury Turnpike Bridge Replacement Design/Project Inspection $ 450,000.00 Completed 2011 -1- ❑ Village of Wappingers Falls PROJECT LIST Paggi, Martin & Del Bene, LLP 56 Main Street Poughkeepsie, New York 12601 Water Treatment Plant Design/Project Inspection of 1.0 MGD Water Treatment Plant PROFESSIONAL FEES (Construction Value) $ 5,600,000.00 Completed 2011 ❑ Village of Wappingers Falls Route 9D Sewer/Water Plan $ 95,000.00 Completed ❑ Village of Wappingers Falls Water Softener System $ 25,000.00 Completed ❑ Village of Wappingers Falls Consultant to the Village $ 30,000.00 In Progress ❑ Town of Wappinger Consultant to the Town Various Projects (See Sheets 3 & 4) Completed -2- 4 TOWN OF WAPPINGER ❑ Wappinger Sewer Transmission/Treatment Improvement Area, Phase I &II PROJECT LIST Paggi, Martin & Del Bene, LLP 56 Main Street Poughkeepsie, New York 12601 DESCRIPTION OF PROJECT Construction of Sanitary Sewer Trunk Lines and Expansion of Treatment Plan — 1 MGD Capacity $ 17 Million Completed ❑ Wappinger Sewer Transmission/Treatment Improvement Area — Phase 3A ❑ Various Drainage Projects Construction of Trunklines, Lateral Lines, & Expansion of Treatment Plan — 1 MGD Capacity Design and Construction Municipal Drainage Improvements $ 24 Million $ 2.5 Million Completed Completed ❑ Various Water Projects ❑ Salt Storage Facility Providing Services to Each Individual Water District in the Town of Wappinger Concerning Water Quality, Quantity, Distribution, and Storage Design/Construct of a 3,000 Ton State of the Art Highway Salt Storage Facility $ 400,000.00 $ 275,000.00 Completed Completed ❑ Wappinger Water Improvement 99-2R Design/Construction of Various Water Improvements $ 8.59 Million Completed -3- PROJECT LIST Paggi, Martin & Del Bene, LLP 56 Main Street Poughkeepsie, New York 12601 TOWN OF WAPPINGER DESCRIPTION OF PROJECT CONSTRUCTION COST STATUS ❑ Emergency Services Facility Engineering Related Services for the Construction of a 11,000 S.F. Building for the New York State Troopers and Sloper $ 1.5 Million Completed 1995 ❑ Airport Drive Soccer Field Construction of Soccer Field(s) and Parking Areas. $ 125,000.00 Completed 1995 ❑ Rockingham Pump Station Design/Prepare Contract Documents/Put out to Bid/Supervise the Construction of 500,000 GPD, 1,000 GPM Pump Smith & Loveless Wet Well/Dry Well Pump $ 700,000.00 Completed 1997 ❑ Dutchess Community College Design & Reconstruction of the Water Booster Station to Serve the College, $ 600,000.00 Completed September 2012 -4- Clark Patterson Lee Clark Patterson Lee has served as the municipal engineerfor a number of communities and municipal agencies in New York State. Providing professional design, review and consulting services, the firm has become a trusted advisor to many communities and agencies including: • City of Middletown • City of Poughkeepsie • City of Rensselaer • Town of Athens • Town of Bethany • Town of Binghamton • Town of Bolivar • Town of Byron • Town of Conesus • Town of Conklin • Town of Crawford • Town of Elma • Town of Fleming • Town of Gainesville • Town of LaGrange • Town of Mt. Hope • Town of Naples • Town of Newburgh • Town of Niagara • Town of North Dansville • Town of Nunda • Town of Owego • Town of Pavilion • Town of Pembroke • Town of Pleasant Valley • Town of Richburg • Town of Stafford • Town of Victor • Town of Wappinger • Town of West Seneca • Town of York • Town and Village of LeRoy • Town and Village of Livonia • Town and Village of Oakfield • Town and Village of Perry • Town and Village of Warsaw • Village of Alfred • Village of Belmont • Village of Bolivar • Village of Monroe • Village of Woodridge • Albany Water Board • Genesee County Economic Development Center • Genesee County Highway Department • Genesee County Water Resources Agency • Livingston County Central Services • Livingston County Water and Sewer Authority • Monroe County Solid Waste • Monroe County Water Authority • Orleans County Department of Health • Orleans County Highway Department • Wyoming County Industrial Development Agency • Wyoming County Department of Health • Wyoming County Highway Department Clark Patterson Lee ARCHITECTURE/INTERIOR DESIGN - Facility Master Planning, Design and Extended On -site Services for Healthcare; K-12 and Higher Education; Civic and Municipal; Senior Living; Religious; Arts and Culture; and Commercial Clients CIVIL/ENVIRONMENTAL/MUNICIPAL ENGINEERING - Planning, Engineering and Construction Services for Water Systems; Wastewater Systems; Solid Waste Management; Site Planning and Development; Planning Board Services; and Municipal Infrastructure Projects TRANSPORTATION ENGINEERING - Planning, Design and Construction Services for Roads, Highways and Interchanges; Local Streets and Intersections; Traffic Impact Studies; Traffic Signals; Bridges; Access Management; and Bridge Inspection MECHANICAL ENGINEERING - Design for HVAC; Fuel Conversions; Plumbing Systems; Medical Gas Systems; Compressed Air Systems; Fire Protection/Suppression; and Energy Management ELECTRICAL ENGINEERING - Design of Power Systems; Lighting Systems; Instrumentation and Control; Fire Alarm Systems; Life Safety; and Communication Systems STRUCTURAL ENGINEERING - Engineering Evaluation, Design and Construction Services for Bridges; Buildings; Tanks; and Special Structures PLANNING AND DEVELOPMENT - Complete Planning Services for Comprehensive Plans; Zoning Ordinances; Urban Design; Feasibility Analysis; Project Approvals; City and Regional Master Plans; Geographic Information Systems (GIS); Waterfront Planning and Design; Downtown Redevelopment; Streetscape Design; and Recreation, Trails and Parks SUPPORT SERVICES - Consulting for Health Care Process Analysis & Modeling; Certificate of Need; Program Management & Construction Facilities Management; and Historic Preservation Clark Patterson Lee Our firm offers a comprehensive range of engineering services including: Civil Engineering • Water Systems • Wastewater Systems • Community Planning • Drainage Design and Site Development • Solid Waste Management Mechanical, Electrical and Plumbing Engineering • Indoor and Outdoor Lighting • Power Systems • Plumbing • HVAC • Fire Protection • Instrumentation and Control Structural Engineering • Building Design and Renovation • Building Assessment • Historic Renovation Transportation Engineering • Bridge Design • Bridge Inspection • Highway Design • Transportation Planning Clark Patterson Lee We understand that today's public officials are faced with meeting an increasing demand for public services with often limited resources. These same individuals are turning more and more to Clark Patterson Lee for cost-effective yet environmentally -sound design solutions. With experts in highway and bridge design; stormwater/flood control, municipal water and wastewater systems; site design and development, we have the capacity to address all of your infrastructure needs. Today over 75 percent of our municipal clients use our services on an ongoing basis. Clark Patterson Lee offers design and construction observation for: WATER SYSTEMS • Supply and Treatment • Distribution • Storage • Feasibility and Rate Studies STORMWATER • Flood Control • Stream Restoration • Storm System Design • Sediment and Erosion Control • Watershed Modeling • Environmental Permitting SOLID WASTE MANAGEMENT • Landfill Design • Solid Waste Management Plans • Landfill Closure Design • Permitting WASTEWATER SYSTEMS • Collection • Treatment • Disposal TRANSPORTATION • Bridge Design and Inspection • Highway Design • Transportation Planning • Access Management Related Services • Facility Planning and Feasibility Studies • Land Use and Community Planning • Grant Writing and System Financing • Public Participation • Environmental Impact Statements Clark Patterson Lee Our firm provides a wide range of services related to the study, design and construction of wastewater systems. We take pride in the ability of our talented staff of engineers and environmental specialists and their commitment to high quality service and personal attention. We offer technical excellence in the form of responsive, cost-effective design solutions. Clark Patterson Lee offers professional design services for: • Grant and funding applications related to sewer system expansions and improvements to existing infrastructure, including the NYSEFC, CDGB, NYSERDA, USDA-RD, and NYSDEC. • Inflow and infiltration studies used by municipalities to plan long range projects intended to reduce flows. • Design, Bidding, and Construction services related to new wastewater treatment facilities, and expansions or improvements to existing wastewater treatment facilities. • Environmental reviews of proposed projects for the purpose of identifying issues that need to be addressed during design. Includes the NYS SEQRA process, Environmental Impact Statements, and SHPO coordination. • Industrial user permitting and reviews to ensure industries don't negatively affect the public sewer system. • Preliminary Engineering Reports and Facility Plans that define the issues, establish design criteria, and review the projects costs. • Sanitary Sewer Use Law and Design Criteria development. • Capital improvement plans, that provide a long range financial plan for municipalities. • Design, Bidding, and Construction services related to new collection systems, and expansions or improvements to existing collection systems. • Environmental permitting associated with capital projects, including the NYSDEC, ACOE, and DOH. • Planning Board reviews related to private developments. Clark Patterson Lee Water supply impacts every aspect of life in a municipality. We understand the environmental, safety, quality -of -life and economic issues associated with water supply. It is reflected in our approach and service. Our success in meeting clients' water supply needs is demonstrated by our many satisfied clients and long-term professional relationships. Clark Patterson Lee offers the wide spectrum of services associated with water systems analysis, review, design and construction. Our talented staff of engineers and environmental specialists develop responsive, cost-effective solutions. Clark Patterson Lee offers planning, review, design and construction observation for: • Supply and Treatment • Distribution • Storage • Feasibility and Rate Studies • Environmental Impact Statements • County Health Department Engineering Services Clark Patterson Lee Clark Patterson Lee has experience with preliminary (Phases I -IV) and final (Phases V & VI) highway design services. We have successfully completed hundreds of transportation projects varying in size and scope. We have accomplished several highway design projects on major arterial and limited access roadways involving pavement reconstruction and/ or resurfacing. Our experience includes the design of interchanges on interstate and other limited access highway facilities. Within the past few years, Clark Patterson Lee has designed several projects involving the construction or reconstruction of ramps, bridges, and mainline pavement at interchanges. Public safety and mitigation of impacts to traffic operations are the primary objectives when we prepare MPT plans. We ensure that the driving public is protected against personal injury and/or property damage. In addition, we ensure emergency services are available to the residents and businesses throughout the community. Our extensive experience in public participation makes us well -suited to resolve any public issues related to project design. Clark Patterson Lee has an established reputation for the successful management of controversial projects, addressing the "not in my backyard" syndrome and achieving compromise between opposing groups. We develop fitting public participation programs to engage key stakeholders, which has been the key to our success. Our in-house capabilities include design ROW survey and mapping, drainage system analysis and design, street design, modeling and access management plans. Clark Patterson Lee Our staff is prepared to provide responsive, high -quality engineering solutions to the wide range of needs facing owners and facilities managers. We specialize in the development of comprehensive facilities programs through a proven technical approach. We have the capabilities to handle a project from the preliminary planning stage through final construction and building occupancy in both renovation and new construction. We assist our clients by analyzing program requirements and evaluating design alternatives in light of those requirements. By taking an active role in all phases of a project, we insure that "systems considerations" are addressed throughout the planning and design process. We also have extensive experience performing facilities studies to provide a short and long term building needs assessment. This evaluation will allow the owner to develop a budgeting strategy for equipment repair or replacement. MECHANICAL • Air distribution systems • Hydronic heating and cooling systems • Building management systems • Ventilation systems • Energy recovery systems • Combined cooling, heating and power systems • Steam distribution • Process Piping PLUMBING • Domestic water systems • Sanitary and storm systems • Natural gas distribution • Medical gas systems • Fire protection ELECTRICAL • Power distribution • Indoor and site lighting • Fire alarm systems • Public address, access control and CCTV systems • Voice, data and CATV systems ENERGY • Consumption Models • Energy Audits • Maintenance Recommendations • Control System Optimization Clark Patterson Lee Clark Patterson Lee has successfully completed a broad range of projects within the "environmental" field. From permitting to assessment and ultimately implementation, we have the services and capabilities to complete complex projects weaving architectural and engineering elements into a successful project. From an environmental permitting standpoint, we are fully knowledgeable in environmental regulations and New York's "SEQRA" law. We have completed numerous complex environmental impact statements for landfill sitings, large-scale water projects, master plans and other multi - jurisdictional projects. We excel in "coordinating" multiple government agencies, while achieving a common project goal. Whether petroleum, hazardous, asbestos and mold abatements, we have completed numerous environmental assessment projects. We have several decades of experience completing Phase I Environmental Site Assessments for industrial and municipal clients, assessing the "nature and extent" of their environmental issues. Clark Patterson Lee can see a project through to design and implementation of remedial measures. Whether field oversight, sample collections or closure plans, we can see a project through to its final completion and closure. These skills allow Clark Patterson Lee to see an environmental project through from its inception to its ultimate closure, and no longer an issue for our clients. Clark Patterson Lee Every site planning project we undertake combines multiple in-house disciplines to effectively and efficiently produce a successful end product. Our proven ability to provide creative and attractive site solutions is an important aspect of our full -service capabilities. Our firm utilizes the talents of architects, planners, landscape architects and civil engineers to generate these solutions. As a result of this comprehensive approach, we design sites that solve program requirements, are cost effective and most importantly, function and work well. The experience of the firm spans from minor site reconstructive work to master planning. We have effectively addressed site grading, layout, athletic field design, parking and circulation, drainage, storm water management, and utility connections for both public and private clients. Regardless of scope, each project receives the dedicated attention of our staff as well as the personal attention of the firm. As a group specializing in planning, development services and environmental analysis, our Planning team begins each project with a simple premise: only the best information is good enough. Our clients sense the difference immediately. To deliver high -quality planning services, we rely on our expertise in information gathering and analysis, our ability to manage various planning processes, our commitment to citizen participation and ongoing communication. Our firm offers a full range of planning services, from comprehensive planning and urban design to economic development and community revitalization. All the work we do focuses on creating reality -based, implementation -ready plans and studies. Clark Patterson Lee Comprehensive Planning — Designed to express community goals and identify a blueprint for future development and investment, comprehensive plans are fundamental to successful community planning. Our approach is wholistic. We focus on the wide range of issues affecting the communities with which we work, including, land use, environmental features, transportation needs and infrastructure, and demographic and economic trends. Waterfront Revitalization & Greenway Planning — Capitalizing on a community's natural resources is critical to improving the quality of life for its residents and businesses. Local waterfront revitalization programs, parks master plans, greenway and trail design and development are just some of the techniques that communities can utilize to ensure their waterfront, agricultural, opens space, parks and other recreation facilities are preserved and enhanced. Transportation Corridor Planning & Access Management — Striking a balance between access and mobility along major transportation corridors is an ongoing effort for most municipalities and transportation agencies. Transportation into and through our communities needs to be safe and efficient, as well as attractive. A balance of access regulations, good design and well -planned road networks can be achieved through effective planning. Urban Design & Main Street Program Implementation — Successful communities realize that organized and empowered merchants associations, high -quality design elements, and good marketing programs combine to create great places. Every community accomplishes this differently. Some common approaches include Business Improvement Districts (BID), creating design guidelines, and developing a media plan. Clark Patterson Lee As a full -service design firm, project success often rests on the details. That is why our clients value the landscape design work we do. Whether it is the sole focus of a project or just one component, our landscape designs consider all aspects of the plan and are responsiveness to clients' needs. Our landscape architects and designers have the skills and expertise to develop large-scale master plans for a project site or community as well as small-scale landscape plans for specific project areas. Our landscape design work emphasizes: • Context Sensitive Designs — We develop designs that reflect the project's natural and physical surroundings. Our commitment to client -centered design means that no two projects are ever treated identically. • Working within Budget — Landscape plans and selections reflect our client's desired scope and budget of every project. Our breath of experience helps us identify creative, cost-effective solutions. • Attention to Detail — We take great care in developing high -quality designs, that incorporate native species and varieties that are disease resistant and draught tolerant. In addition to addressing specific client needs, our landscape designs create year-round interest and color. Clark Patterson Lee The best design and construction documents mean very little if problems arise during construction, It is in this phase where timely completion, budget control and quality assurance become most critical. Clark Patterson Lee offers comprehensive construction services, ensuring that your project will progress smoothly, on time and within budget. Historically, large-scale construction projects relied on a Clerk of the Works or Construction Manager to replace or supplement standard construction observation by the design professional. These services too frequently burdened the overall project budget while providing questionable value to the process. Just as important, the limited value obtained through a Clerk of the Works carried with it no liability. We understand that the construction phase involves the complex interaction of legal mandates and elective alternatives. Long before actual construction, decisions should be made regarding bidding methodology, single or multiple contracts and schedule, as these decisions have a significant impact on how the construction documents are assembled. The recognition that the design professional will generate the documents as well as manage them during construction is profound. Our construction experts allow us to assume the role of "master builder." This establishes continuity in the design process and provides full-time oversight from a competent licensed professional who is completely familiar with the work. As a result, your project becomes "seamless" from start to finish. Conflicts in the field, often resulting in change orders, are minimized and there is an assurance of schedule, budget and quality control not otherwise in place. Clark Patterson Lee Civic buildings are an important part of our collective community experience. "They are the signposts of our common identity and point us toward our shared goals."' As design professionals, we see public spaces as integral to the fabric of a community but we also understand there is a practical side to municipal architecture. We have experience in security design; designing for optimum traffic flow; accommodating records storage; and meeting privacy needs. Sustainable design is also at the top of the list when public facilities are involved. Our engineers and architects offer expertise in integrating alternative energy sources, energy modeling, and green building design as defined by the US Green Building Council. We have experience in the design of the following civic building types: • Recreation Centers • Libraries • Municipal Offices • Police/Court Facilities • Fire and EMS Facilities • Health Clinics/Shelters • Human Service Buildings • Animal Shelters Serving a more utilitarian purpose, municipal support buildings are an important part of day-to-day operations for communities. We have experience in the design of the following: • Maintenance Facilities • Highway Garages • Salt/Sand Storage Buildings Civic Architecture: Design & Identity in a Changing Society - The Complete Speech by Richard N. Swett, FAIA Clark Patterson Lee Digital mapping is a critical component in many of Clark Patterson Lee's civil and planning projects. While GIS focused projects are not commonplace at Clark Patterson Lee, we offer a wide range of mapping services to successfully address our clients' needs. Our firm has highly skilled GIS specialists and drafting technicians on staff who are adept at collecting, creating and managing mapping data. Our firm offers expertise in the use of ArcGIS, orthoimagery, aerial photography, AutoCAD, LDD and Microstation. Clark Patterson Lee has extensive experience creating geo-referenced maps, converting map files across platforms, and utilizing the latest GIS tools to create an array of user-friendly, thematic maps. Our digital mapping capabilities enable us to analyze existing and future conditions. We have provided GIS and digital mapping services in a wide range of projects, including: • Sanitary Sewer System Assessment and Design • Public Water System Assessment and Design • Public Wastewater System Assessment and Design • Transportation Design Projects • Comprehensive Planning • Land Use and Zoning • Park and Trail Planning Clark Patterson Lee Clark Patterson Lee Gregory W. Bolner, P.E. PRINCIPAL ASSOCIATE Mr. Bolner is a Civil Engineer with diverse experience in the engineering and environmental fields since 1986. He has been involved in various water supply/treatment and wastewater treatment design projects for both residential developments and municipalities. Mr. Bolner provides trusted professional services to various municipalities involving special district formation (water, sewer, etc.) grant applications, sub -division and site plan reviews, and environmental compliance, water and wastewater planning, building improvements, and code revisions. PE MENU Town of Wappinger, Wappinger, NY • Alternate Town / Planning Board Engineer • United Wappinger Water District Extension • Community Development Block Grant Little League Challenger Field City of Poughkeepsie, Poughkeepsie, NY Planning Board Engineer Town of LaGrange, LaGrange, NY • Town / Planning Board Engineer • Municipal Water System Development Manchester Water District and Mapleview Water District • Green Innovation Grant Program Wastewater Treatment Plant Upgrades • Various Water, Sewer, and Stormwater District Formations and Extension • Community Development Block Grant Work - Sidewalks and Handicap Accessibility Town of Pleasant Valley, Pleasant Valley, NY • Town Engineer • Town Hall Roof Replacement • Town Hall Flood Restoration • Community Development Block Grant Work - Sidewalks and Handicap Accessibility Village of Milibrook, Milibrook, NY • Village Engineer • Department of State Shared Local Government • Efficiency Grant Program- Sewer Repair • Water & Sewer Conceptual Planning • Community Development Block Grant Work - Sidewalks and Handicap Accessibility Town of Southeast, Brewster, NY Water Supply Improvements Vassar College, Poughkeepsie, NY Water Distribution System Master Plan Dalton Farms Subdivision, Beekman, NY Water Filtration System Dutchess County, Poughkeepsie, NY Quiet Cove Sewer Pump Station Connection Valley Dale Wastewater Treatment Plant, Dutchess County, NY Rotating Biological Contactor (RBC) Replacement Casperkill Country Club Development, Poughkeepsie, NY Water Distribution System Design Westchester County, Westchester County, NY Hydro -Pneumatic Tank Replacement Clark Patterson Lee John J. Martin, P.E. SENIOR VICE PRESIDENT Mr. Martin is the Principal -in -Charge of our Binghamton office and provides services to clients throughout the Southern Tier of New York State. He takes a leadership role in business development, project management, and coordination with clients and regulatory agencies. Mr. Martin also brings over 34 years of experience in the planning and design of streets, highways, bridges, buildings, collector sewers, interceptor sewers, sewage pump stations, sewage treatment plants, water treatment facilities, water transmission and distribution systems, and municipal and education buildings. PROJECT EXPERIENCE - CIVIC & EDUCATIONAL BUILDINGS Warren County, Warren County, NY Principal - Planning, design and construction services a new 65,000 s.f. Human Services Building and major renovations to the existing county services buildings. Saratoga County, Saratoga, NY Principal Space needs assessment and design of renovations to Court Building No. 3, Village of Johnson City, Johnson City, NY Principal -Planning, design and construction services for a new $10 million police/court facility. Winner of the Town of Binghamton, Binghamton, NY Principal - Town of Binghamton Civic Projects • New Community Center • Town Hall Roof Replacement Rensselaer City School District, Rensselaer, NY Principal - Design build project for new K-12 Campus and new Access Roadway. This new 47-acre campus for the City School District incorporates the design -build approach, the fourth of its kind in New York State. Susquehanna Valley Central School District, Conklin, NY • Five-year capital facilities plan • Building Condition Survey Windsor Central School District, Windsor, NY Five-year Capital Facilities Plan Newark Valley Central School District • 2008 EXCEL Aid Project • Canopy Project Broome Tioga BOCES Principal - Responsible for -- year relationship, completing a five year capital facilities plan and design for the following projects: • Adult Education Suite • Distin Center and Distin Center Roof • Culinary Arts Project Franklin Central School District, Franklin, NY Building Condition Survey for this small rural school district in the foothills of the Catskill Mountains. Chenango Valley Central School District, Binghamton, NY Principal -in -Charge for the following projects: • Five-year capital facilities plan & building conditions survey report • District Office Boiler Room Renovation • Chenango Bridge Elementary and Port Dickinson Elementary Time Clock Project • Chenango Bridge Roof Top Replacement Project Community General Hospital, Radiology Unit Renovations, Harris, NY Principal -in -Charge - Preparation of construction documents for work in the reception area, processing area, ultrasound room and new changing area. Vestal Hills Cemetery Office Building, Vestal, NY Principal -in -Charge - Responsible for the Design of a new 4,000 s.f. administration building for this regional cemetery organization. Town of Binghamton Town Hall, Roof Replacement, Binghamton, NY Principal -in -Charge - Responsible for the replacement Clark Patterson Lee Christopher E. Gross, P.E. ASSOCIATE Mr. Gross' experience includes site design, project management, construction coordination and inspection, and survey work. Past projects have included road layout and design, water and sewer lines, water tanks, water and wastewater treatment facilities, pump stations, storm water management, sediment and erosion control, and track & field design. Experience includes involvement in all phases of projects from initial concepts to completion of construction. PROJECI L.XPERIENCL Huntersville Family Fitness & Aquatics, Huntersville,NC Parking Expansion Olde Towne Shoppes, Suwanee, GA Charlotte Country Day School, Charlotte, NC High School Campus Projects North Carolina State University, Raleigh, NC Parking Deck Expansion City of New Bern, New Bern, NC Municipal Swimming Complex Veolia Transportation Services, Norcross, GA Maintenance Facility Charlotte Mecklenburg Parks & Recreation Department, Charlotte, NC Park Facility Expansions Fairfield County Disabilities Office Building, Winnsboro, SC Clay County DSS, Hayesville, NC Myers Park Presbyterian Church, Charlotte, NC Temple Beth El, Charlotte, NC First Presbyterian Church, Belmont, NC City of Middletown, NY • Black Dirt Sanitary Sewer • County Route 78 Waster District • Senior Center at Bank Building • Stormwater Phase II Town of Newburgh, NY • Grand Avenue Culvert Reconstruction • Mill House Road Culvert Town of Crawford, NY Gwinett County Georgia, Gwinett, GA Route 52 Curbs and Sidewalks Plan Review Engineer Matt/Liberty Schools, Forsyth County, GA Proposed Football Field & Sanitary Sewer Lines Charlotte Country Day School, Charlotte, NC Middle School Campus Projects Town of Pleasant Valley, NY • Ward Road Survey • Engineering Services Town of Wappinger, NY • Adams Fair Acres Farm • Wappinger Plan Review Clark Patterson Lee rri 11110 ar rr Eric C. Wies, P.E. SENIOR ASSOCIATE Mr. Wies has more that ten years of experience in civil and environmental engineering. His most recent project experience includes the assessment and design of various water and wastewater treatment facilities. PHO.JELT Town of Batavia, Batavia, NY • Pearl Street Water District • Ellicott Street Water District • Rose Road Water District • Alexander Road Water District • Wilkinson Road Water District Livingston County Water and Sewer Authority, Livingston County, NY • Pleasant Street Pump Station Modifications • Capacity Analysis • 2005 Water System Improvements • Lakeville Wastewater Treatment Facility Village of Alfred, Alfred, NY • Water Modeling • Water System Study Genesee County, Batavia, NY Water Supply Program Town of LeRoy, LeRoy, NY Extension No. 1 to the Consolidated Water District Village of Bergen, Bergen, NY Wastewater Treatment Facility Town of Pavilion, Pavilion, NY • Wastewater Treatment Facility • Sanitary Sewer System Town of Pembroke, Pembroke, NY • Water District No. 1 • Sewer Feasibility Study Town of North Dansville, North Dansville, NY Bella Vista Center Water and Sewer Systems Town of Byron, Byron, NY • Water District No. 2 • Water District No. 3 • Water District No, 4 Town of York, York, NY • Craig Road Water Main • Water District No. 4 • Retsof Wastewater Treatment Facility • Route 63 Water Main • Sewer District No. 1 • Hamlet of Piffard Sewer Town of Cuba, Cuba, NY Cuba Lake Sewer Project Town of Hornell, Hornell, NY Water Sewer Study Town of LaGrange, LaGrnage, NY • Titusville Sewer District • Aeration Project Town of Ticonderoga, Ticonderoga, NY • Black Point Sewer Project • Hague Road Sewer District Town of York, York, NY • Retsof Wastewater Treatment Facility • Sewer District No. 1 • Hamlet of Piffard Sewer Village of Alfred, Alfred, NY Wastewater Treatment Facility Digester Improvements Village of Clifton Springs, Clifton Springs, NY • Wastewater Analysis • Wastewater Treatment Facility Compost Building Clark Patterson Lee Ronald G. Rink, P.E. SENIOR ASSOCIATE Mr. Rink has 19 years of experience in transportation and civil engineering with specialized expertise in drainage system design and storm water management. He has completed projects for municipal clients, as well as for the New York State Department of Transportation and the New York State Thruway Authority. In addition to design, Mr. Rink has gained experience in project management, overseeing the day-to-day progress of the firm's transportation projects. Mr. Rink has been responsible for numerous drainage and SWPPP plans for Clark Patterson Lee. CT tXPE:RiENft New York State Department of Transportation Region 5, Farmersville and Freedom, Cattaraugus County, NY NY Route 98 from NY Route 16 to NY Route 243 Road Rehabilitation Monroe County Department of Transportation, Spencerport, NY Lyell Avenue Reconstruction Monroe County Department of Transportation, Monroe County, NY Schlegel Road Improvements - Design and Construction Inspection City of Salamanca, Salamanca, NY State Park Avenue Reconstruction City of Rensselaer, Rensselaer, NY Rensselaer City School District New Access Roadway Construction Erie County Department of Public Works, Orchard Park, Erie County, NY Milestrip Road Rehabilitation Village of Livonia, Livonia, NY • 2006 Street Improvements Project • Big Tree Street Roadway Improvements - Design and Construction Inspection Monroe County, Brighton, NY Clover Street Bridge over Aliens Creek New York State Department of Transportation Region 2, Chittenango, NY Routes 5, 13 and 173 Road Reconstruction New York State Department of Transportation Region 2, Fonda, NY Routes 5 and 334 Road Reconstruction New York State Department of Transportation Region 2, Utica, Oneida County, NY Route 922E (River Street) over Route 49 Clark Patterson Lee Jennifer L. Michniewicz, P.E., PTOE SENIOR ASSOCIATE Ms. Michniewicz is a civil/transportation engineer with 15 years of experience. She has worked on several transportation projects for the Georgia DOT and numerous projects for the New York State DOT, New York State Thruway Authority, Erie County, and the City of Buffalo encompassing road rehabilitation and widening, intersection improvements, drainage systems, erosion and sediment control, maintenance of traffic, signing and marking, roundabout analysis and design, traffic signal analysis and design, and preparation of right-of-way plans in accordance with AASHTO and DOT design standards and local design guides, Software experience includes HCM, Synchro, SimTraffic, CORSIM, RODEL, StormCAD, MicroStation, AutoCAD, InRoads and CAiCE. SELECT f-3P,OJECT E.XPE.PIE.NCE. New York State Department of Transportation Region 5, Newfane, NY Route 78 Lockport-Olcott Road Reconstruction New York State Department of Transportation Region 5, East Aurora, NY US 20A/NY 16/NY 78 Main Street Reconstruction New York State Department of Transportation Region 5, Clarence and Newstead, NY NY 5 Main Street New York State Department of Transportation Region 5, Lockport, NY NY 31 Main Street, East Avenue and Washburn Street New York State Department of Transportation Region 5, Allegany, NY Route 417 Main Street Reconstruction City of Buffalo Department of Public Works, Buffalo, NY • Environmental Assessment to Return Traffic to Main Street • Niagara Street • Elmwood Avenue and Forest Avenue New York State Department of Transportation Region 5 and the City of Buffalo Department of Public Works, Buffalo, NY Reconstruction of Main Street from Bailey Avenue (US62) to the Scajaquada Expressway (NY 198) Peace Bridge Authority, Buffalo, NY US/Canadian Peace Bridge Erie County Department of Public Works, Akron, NY Parkview Drive Bridge over Murder Creek Bridge Rehabilitation Clark Patterson Lee Joseph P. Rausch, P.E. PRINCIPAL ASSOCIATE Mr. Rausch is a licensed structural engineer with over 19 years of extensive experience. His design talent crosses many planes of structural engineering. His designs have ranged from five -story doctor's office complexes, three-story high school complexes, strip malls, to pole barns. His experience has taken him through many types of building materials including masonry, steel, timber, and concrete. Mr. Rausch has played a key role in the design of many of our K-12 education projects including East Irondequoit Middle School and Phelps -Clifton Springs Central School District. PROJECT EXPERIENCE University of Rochester, Rochester, NY Optoelectronics Facility Rochester Institute of Technology, Rochester, NY Bldg. #14 Nazareth College, Rochester, NY Library Addition Rochester City School District, Rochester, NY • School #28 • School #39 • School #44 Brunswick Community College, Supply, NC Community Center North Carolina State, Raleigh, NC Carmichael Gymnasium Addition Benderson Properties, Inc., Rochester, NY Marine Midland Parking Garage Highland Hospital, Rochester, NY Bariatrics Clinic Relocation Batavia Radiation Oncology Center, Batavia, NY Addition/Renovation SUNY Upstate Medical University Hospital, Syracuse, NY Operating Room Renovation/Additions Wayne County Nursing Home, Lyons, NY New Facility York Central School District, York, NY Implementation of $5.4 million EXCEL Projects Oneida Healthcare Center, Oneida, NY Additions/Renovations Our Lady of Lourdes Memorial Hospital, Binghamton, NY Renovation/Expansion Livingston County Center for Nursing and Rehabilitation, Mount Morris, NY New Facility Town of Livonia, Livonia, NY Emergency Services Facility Charlotte Country Day School, Charlotte, NC Upper School Fine Arts Center Monroe Community College, Rochester, NY Addition Rochester Institute of Technology, Rochester, NY Bldg. #14 Nazareth College, Rochester, NY Library Addition Clark Patterson Lee rr la r Mark T. Johnson, AIA, LEED AP PRINCIPAL ASSOCIATE Mr. Johnson has over 28 years of professional experience in design and construction contract administration of K-12 educational and commercial capital projects. As a Senior Associate of the firm, Mr. Johnson has project management responsibilities including design coordination and construction contract administration, Mr. Johnson's experience assists clients with facility planning and conceptual through construction phases, and frequently interacts with the NYS Education Department and local / state building officials. EX PER E C Town of Middletown, NY Community Center Town of Crawford, NY Bidding and Construction Services Town of LaGrange, NY Town Center Planning Assistance Town of LaGrange Fire District Architecture al Services Poughkeepsie Public Library, Poughkeepsie, NY Renovations and New Construction Dutchess County BOCES, Poughkeepsie, NY Renovations Spackenkill Union Free School District, Poughkeepsie, NY • 1999 Middle School Addition • 2007 Boiler Replacements • 2010 High School Renovations/Additions Hoosick Falls Central School District, Hoosick Falls, NY • Building Condition Survey • Fuel Tank/Boiler Replacement • Roof Replacement • Building Renovations/Athletic Fields Poughkeepsie City School District, Poughkeepsie, NY Renovations and New Construction Coxsackie -Athens Central School District, Coxsackie, NY Renovations and New Construction Ramapo Central School District, Suffern, NY • District Technology Program • Middle School Addition/Reconstruction • District Exterior Door Replacement • Roof Reconstruction Program • Fuel Tank Replacement • Elementary School Structural Modifications • 1999 Bond Issue Project • 2008 Bond Pre -Referendum Dobbs Ferry Union Free School District, Dobbs Ferry, NY Renovations Culinary Institute of America, Hyde Park, NY Colavita Central for Italian Food & Wine - New Construction Purchase College at SUNY, Purchase, NY Gym Floor Renovations Pearl River Union Free School District, Pearl River, NY Additions/Renovations Greenville Central School District, Greenville, NY Renovations and New Construction Ellenville Central School District, Ellenville, NY District Wide Renovations Rhinebeck Central School District, Rhinebeck, NY • 2007 Window Replacement • Building Condition Survey Clark Patterson Lee TOWN OF LAGRANGE Mr. Joseph Luna Supervisor 120 Stringham Road LaGrangeville, NY 12540 (845) 223-5086 Town of LaGrange Town Hall e-mail: jwagner@lagrangeny.org Ms. Wanda Livigni Administrator of Public Works 120 Stringham Road LaGrangeville, NY 12540 (845) 452-8562 Town of LaGrange Town Hall e-mail: wlivigni@lagrangeny.org Mr. Michael Kelly Highway Superintendant 120 Stringham Road LaGrangeville, NY 12540 (845) 452-2720 Town of LaGrange Town Hall e-mail: mkelly@lagrangeny.org TOWN OF PLEASANT VALLEY Mr. Carl Tomik Supervisor 1554 Main Street Pleasant Valley, NY 12569 (845) 635-3598 e-mail: pvs@pleasantvalley-ny.gov Mr. Kurt Gardner Highway Superintendent 1554 Main Street Pleasant Valley, NY 12569 (845) 635-3154 CITY OF MIDDLETOWN Mr. Joseph DeStefano Mayor 16 James Street Middletown NY 10940 (845) 346-4100 e-mail: mayordestefano@yahoo.com Mr. Jacob Tawil Commissioner of Public Works 16 James Street Middletown NY 10940 (845)-346-4100 e-mail: jtawill4@yahoo.com TOWN OF WEST SENECA Mr. Wallace Piotrowski Supervisor 1250 Union Road West Seneca, NY 14224 office: 716-558-3253 cell: 716-949-3015 e-mail: wpiotrowski@twsny.org Mr. John Gullo Code Enforcement Officer Town of West Seneca Town Hall 1250 Union Road West Seneca, NY 14224 (716) 558-3238 e-mail: jgullo@twsny.org SPACKENKILL UNION FREE SCHOOL DISTRICT Mr. David T. Downes Director of Facilities & Grounds (845) 463-7800 15 Croft Road Poughkeepsie, NY 12603 e-mail: dave.downes@spackenkillschools.org 1 1 1 1 1 1 1 1 1 1 1 Clark Patterson Lee The best design and construction documents mean very little if problems arise during construction. It is in this phase where timely completion, budget control and quality assurance become most critical. Clark Patterson Lee offers comprehensive construction services, ensuring that your project will progress smoothly, on time and within budget. Historically, large-scale construction projects relied on a Clerk of the Works or Construction Manager to replace or supplement standard construction observation by the design professional. These services too frequently burdened the overall project budget while providing questionable value to the process. Just as important, the limited value obtained through a Clerk of the Works carried with it no liability. We understand that the construction phase involves the complex interaction of legal mandates and elective alternatives. Long before actual construction, decisions should be made regarding bidding methodology, single or multiple contracts and schedule, as these decisions have a significant impact on how the construction documents are assembled. The recognition that the design professional will generate the documents as well as manage them during construction is profound. Our construction experts allow us to assume the role of "master builder." This establishes continuity in the design process and provides full-time oversight from a competent licensed professional who is completely familiar with the work. As a result, your project becomes "seamless" from start to finish. Conflicts in the field, often resulting in change orders, are minimized and there is an assurance of schedule, budget and quality control not otherwise in place. Clark Patterson Lee rr Digital mapping is a critical component in many of Clark Patterson Lee's civil and planning projects. While GIS focused projects are not commonplace at Clark Patterson Lee, we offer a wide range of mapping services to successfully address our clients' needs. Our firm has highly skilled GIS specialists and drafting technicians on staff who are adept at collecting, creating and managing mapping data. Our firm offers expertise in the use of ArcGIS, orthoimagery, aerial photography, AutoCAD, LDD and Microstation. Clark Patterson Lee has extensive experience creating geo-referenced maps, converting map files across platforms, and utilizing the latest GIS tools to create an array of user-friendly, thematic maps. Our digital mapping capabilities enable us to analyze existing and future conditions. We have provided GIS and digital mapping services in a wide range of projects, including: • Sanitary Sewer System Assessment and Design • Public Water System Assessment and Design • Public Wastewater System Assessment and Design • Transportation Design Projects • Comprehensive Planning • Land Use and Zoning • Park and Trail Planning TO February 15, 2013 FED' 2 5 ? 3 Supervisor Barbara Gutzler and Memebers of the Town Board c/o Inez Maldonado, Secretary to the Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Clark Patterson Lee DESIGN PROFESSIONALS Supervisor Office FEB 14 2013 Received Re: Town of Wappinger Town Board - Request for Proposal Engineering/Architectural/ Planning Services Dear Supervisor Gutzler and Members of the Town Board: Per the instructions outlined in the Request for Proposals, we have provided our fee proposal separately. Please see attached. Thank you for taking the time to review this information. I would appreciate the opportunity to tell you more about our capabilities as a firm and how we structure our services to serve the interests of the Town. Please call me at (845) 220-7190 to schedule a time. Sincerely, Clark Patterson Lee ,eseL__, Greg W. Bolner, P.E. Principal Associate cc: Graham Foster, Highway Superintendent 900 Corporate Boulevard Newburgh, NY 12550 clarkpatterson.com 800.274.9000 TEL 845.567.9614 FAX Clark Patterson Lee Proposed Engineering Fees for Our Team Vice President $150 Town Board Engineer/ Principal Associate $125* Project Architect/Professional Engineer/Geologist $115 Architect/Sr. Engineer/Sr. Planner $105 Stormwater Program Coordinator $100 Sr. Draftsperson/Jr. Engineer/GIS Specialist $75 Site Inspector $50-75 *Clark Patterson Lee will bill at the reduced hourly rate of $110 for meeting attendance of other non - project related services provided by the Town Engineer. It is our policy at Clark Patterson Lee that incidental reproductions completed in our office are overhead and incorporated into our billing rate. We also do not bill mileage expenses for travel to/ from and within the Town for the benefit of the Town. Where escrow accounts are established for developer inspection services, mileage will be billed at the prevailing federal rate. Town of Wappinger Town Board Civil Engineer February 15, 2013 Clark Patterson Lee Clark Patterson Lee DESIGN PROFESSIONALS February 14, 2013 Supervisor Barbara Gutzler and Members of the Town Board c/o Inez Maldonado, Secretary to the Supervisor Town of Wappinger 20 Middlebush Raod Wappingers Falls, NY 12590 RE: Town of Wappinger Town Board - Request for Proposal Engineering/Architectural/Planning Services Dear Supervisor Gutzler and Members of the Town Board: We at Clark Patterson Lee (CPL) recognize that municipalities across the state are searching for better and more efficient ways to do business. Municipal leaders are taking steps to strike a balance between their limited resources and the high expectations for public services. To assist municipalities in striking this balance, we believe strongly in the need to modify the way we provide service to meet the needs of the Town. Our approach to providing municipal services ranges anywhere from providing specific office hours were we are available to the needs of the client to providing of professional services on an as needed basis only, without the typical retainer charged by many firms. We have successfully partnered with several municipalities under these types of agreements. This approach continues to set us apart from our colleagues at other professional firms. How We Work - To help Town's manage their budgets, we generally provide lump sum proposals for all defined scopes of work. Where a scope of work is undefined, we provide a not -to -exceed fee to work with the Town to define the specific services and proper mix of personnel to meet the Town's request for assistance. In recognition of limited general fund resources, we offer a discounted rate for the services as the Town's Engineer to attend meetings or provide office hours to be engaged in general Town Board matters. Our goal is to develop an enduring relationship with the Town, one that keeps the Town in control of their budgets. Full -Service - CPL is uniquely organized to provide the full spectrum of professional services a municipal client requires to develop and manage their water and sewer assets, buildings, highways, parks, etc. With our company focus on municipal services, we avoid conflicts of interest with Developers and other Engineers doing business in the Town. Thank you for taking the time to review this information. I would appreciate the opportunity to tell you more about our capabilities as a firm and how we structure our services to serve the interests of the Town. Please call me at (845) 220-7190 to schedule a time. Sincerely, Clark Patterson Lee 6ff Greg W. Bolner, PE Principal Associate cc: Graham Foster, Highway Superintendent 900 Corporate Boulevard Newburgh. NY 12550 clarkpatterson.com 800.274.9000 TEL 845.567.9614 FAX Clark Patterson Lee Firm Introduction Understanding and Experience Professional Services Qualifications of Key Personnel References Fee Proposal in a Separate Envelope Clark Patterson Lee HISTORY AND PHILOSOPHY The professionals at Clark Patterson Lee have been serving public and private clients since 1975, providing design services of exceptional quality and value. We have a staff of approximately 200 dedicated professionals, and we maintain offices in New York, Georgia, North Carolina and South Carolina and offer expertise in architecture, engineering, planning and construction. From your first encounter with members of our staff, you will realize that we do things differently at Clark Patterson Lee. 0ur staff is dedicated to a "client -centered" philosophy of service that is based on: Our belief in full service. In developing our business, we made a conscious decision to develop a multi -disciplined staff, capable of managing every aspect of municipal client projects. 0ur belief in personal attention. Being a larger firm does not automatically mean the loss of personal attention. We emphasize the need to be available and accessible to our clients and we stress the importance of on -going relationships. Our scheduling and staffing of projects reflects this attitude. 0ur belief in principal participation. Principals of the firm are very much "hands on." We bring this experience to every project, supporting our goal to provide professional services of exceptional quality and value while promoting both corporate and individual growth. Designing Around You Clark Patterson Lee rrr rr Ole INN APPROACH TO PROVIDING SERVICE TO THE TOWN Clark Patterson Lee is familiar with the Town of Wappinger's meeting schedule and Mr. Bolner is prepared and available to attend the evening meetings. Clark Patterson Lee is a Principal driven firm where Mr. Bolner takes on the responsibility of meeting the needs of the client. Mr. Bolner will be involved in every project by listening to the needs of the client, identifying the expertise required, selecting the individual within Clark Patterson Lee with the expertise and experience to complete the project deliverables and monitoring project progress to ensure the needs of the client are met. We also understand municipal clients need to operate within a budget and we therefore work to develop a scope and fee for services up front. We feel that this allows a client to weigh the costs and benefits of pursuing a project early on and avoid excessive expenditures for a project that the Town decides not to undertake Clark Patterson Lee believes more than ever in the value of providing services modified to the specific needs and desires of the client and look forward to the opportunity to work with the Town Board to develop a client specific approach to delivery of service. In some municipalities, we provide specific office hours and in other municipalities we provide services only when specifically requested. Clark Patterson Lee Clark Patterson Lee has served as the municipal engineer for a number of communities and municipal agencies in New York State. Providing professional design, review and consulting services, the firm has become a trusted advisor to many communities and agencies including: • City of Middletown • City of Poughkeepsie • City of Rensselaer • Town of Athens • Town of Bethany • Town of Binghamton • Town of Bolivar • Town of Byron • Town of Conesus • Town of Conklin • Town of Crawford • Town of Elma • Town of Fleming • Town of Gainesville • Town of LaGrange • Town of Mt. Hope • Town of Naples • Town of Newburgh • Town of Niagara • Town of North Dansville • Town of Nunda • Town of Owego • Town of Pavilion • Town of Pembroke • Town of Pleasant Valley • Town of Richburg • Town of Stafford • Town of Victor • Town of Wappinger • Town of West Seneca • Town of York • Town and Village of LeRoy • Town and Village of Livonia • Town and Village of Oakfield • Town and Village of Perry • Town and Village of Warsaw • Village of Alfred • Village of Belmont • Village of Bolivar • Village of Monroe • Village of Woodridge • Albany Water Board • Genesee County Economic Development Center • Genesee County Highway Department • Genesee County Water Resources Agency • Livingston County Central Services • Livingston County Water and Sewer Authority • Monroe County Solid Waste • Monroe County Water Authority • Orleans County Department of Health • Orleans County Highway Department • Wyoming County Industrial Development Agency • Wyoming County Department of Health • Wyoming County Highway Department Clark Patterson Lee Our firm offers a comprehensive range of engineering services including: Civil Engineering • Water Systems • Wastewater Systems • Community Planning • Drainage Design and Site Development • Solid Waste Management Mechanical, Electrical and Plumbing Engineering • Indoor and Outdoor Lighting • Power Systems • Plumbing • HVAC • Fire Protection • Instrumentation and Control Structural Engineering • Building Design and Renovation • Building Assessment • Historic Renovation Transportation Engineering • Bridge Design • Bridge Inspection • Highway Design • Transportation Planning Clark Patterson Lee Our firm provides a wide range of services related to the study, design and construction of wastewater systems. We take pride in the ability of our talented staff of engineers and environmental specialists and their commitment to high quality service and personal attention. We offer technical excellence in the form of responsive, cost-effective design solutions. Clark Patterson Lee offers professional design services for: • Grant and funding applications related to sewer system expansions and improvements to existing infrastructure, including the NYSEFC, CDGB, NYSERDA, USDA-RD, and NYSDEC. • Inflow and infiltration studies used by municipalities to plan long range projects intended to reduce flows. • Design, Bidding, and Construction services related to new wastewater treatment facilities, and expansions or improvements to existing wastewater treatment facilities. • Environmental reviews of proposed projects for the purpose of identifying issues that need to be addressed during design. Includes the NYS SEQRA process, Environmental Impact Statements, and SHPO coordination. • Industrial user permitting and reviews to ensure industries don't negatively affect the public sewer system. • Preliminary Engineering Reports and Facility Plans that define the issues, establish design criteria, and review the projects costs. • Sanitary Sewer Use Law and Design Criteria development. • Capital improvement plans, that provide a long range financial plan for municipalities. • Design, Bidding, and Construction services related to new collection systems, and expansions or improvements to existing collection systems. • Environmental permitting associated with capital projects, including the NYSDEC, ACOE, and DOH. • Planning Board reviews related to private developments. Clark Patterson Lee srr PROPOSAL �..UM.00IT RR Saar ROOT w Clark Patterson Lee has experience with preliminary (Phases I -IV) and final (Phases V & VI) highway design services. We have successfully completed hundreds of transportation projects varying in size and scope. We have accomplished several highway design projects on major arterial and limited access roadways involving pavement reconstruction and/ or resurfacing. Our experience includes the design of interchanges on interstate and other limited access highway facilities. Within the past few years, Clark Patterson Lee has designed several projects involving the construction or reconstruction of ramps, bridges, and mainline pavement at interchanges. Public safety and mitigation of impacts to traffic operations are the primary objectives when we prepare MPT plans. We ensure that the driving public is protected against personal injury and/or property damage. In addition, we ensure emergency services are available to the residents and businesses throughout the community. Our extensive experience in public participation makes us well -suited to resolve any public issues related to project design. Clark Patterson Lee has an established reputation for the successful management of controversial projects, addressing the "not in my backyard" syndrome and achieving compromise between opposing groups. We develop fitting public participation programs to engage key stakeholders, which has been the key to our success. Our in-house capabilities include design ROW survey and mapping, drainage system analysis and design, street design, modeling and access management plans. Clark Patterson Lee Clark Patterson Lee has successfully completed a broad range of projects within the "environmental" field. From permitting to assessment and ultimately implementation, we have the services and capabilities to complete complex projects weaving architectural and engineering elements into a successful project. From an environmental permitting standpoint, we are fully knowledgeable in environmental regulations and New York's "SEQRA" law, We have completed numerous complex environmental impact statements for landfill sitings, large-scale water projects, master plans and other multi - jurisdictional projects. We excel in "coordinating" multiple government agencies, while achieving a common project goal. Whether petroleum, hazardous, asbestos and mold abatements, we have completed numerous environmental assessment projects. We have several decades of experience completing Phase 1 Environmental Site Assessments for industrial and municipal clients, assessing the "nature and extent" of their environmental issues. Clark Patterson Lee can see a project through to design and implementation of remedial measures. Whether field oversight, sample collections or closure plans, we can see a project through to its final completion and closure. These skills allow Clark Patterson Lee to see an environmental project through from its inception to its ultimate closure, and no longer an issue for our clients. Clark Patterson Lee Comprehensive Planning — Designed to express community goals and identify a blueprint for future development and investment, comprehensive plans are fundamental to successful community pla nning. Our approach is wholistic. We focus on the wide range of issues affecting the communities with which we work, including, land use, environmental features, transportation needs and infrastructure, and demographic and economic trends. Waterfront Revitalization & Greenway Planning — Capitalizing on a community's natural resources is critical to improving the quality of life for its residents and businesses. Local waterfront revitalization programs, parks master plans, greenway and trail design and development are just some of the techniques that communities can utilize to ensure their waterfront, agricultural, opens space, parks and other recreation facilities are preserved and enhanced. Transportation Corridor Planning & Access Management — Striking a balance between access and mobility along major transportation corridors is an ongoing effort for most municipalities and transportation agencies. Transportation into and through our communities needs to be safe and efficient, as well as attractive. A balance of access regulations, good design and well -planned road networks can be achieved through effective planning. Urban Design & Main Street Program Implementation — Successful communities realize that organized and empowered merchants associations, high -quality design elements, and good marketing programs combine to create great places. Every community accomplishes this differently. Some common approaches include Business Improvement Districts (BID), creating design guidelines, and developing a media plan.