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| MEMBERS' MEETING | |
| May 6, 2008 | |
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Hugh L. Carey Battery Park City Authority Members Present |
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Authority Staff in Attendance: Â Â Â Â Â James Cavanaugh Alexandra Altman Daniel Baldwin Lauren Brugess Assistant Corporate Secretary Sidney Druckman Stephanie Gelb Antigona Hajdaraj Steven E. Harper Robert Holden Carl Jaffee Susan Kaplan Wilson Kimball Susan Long Leticia Remauro Robert M. Serpico Roy Villafane Vice President, Construction Others in Attendance:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Tessa Huxley Betty Chin Matthew Fenton Kevin Keane Toby Kizner Brian Krapf David Paget Nick Punto Julie Shapiro Randy Tancer
The meeting, called on public notice in accordance with the New York State Open Meetings Law, convened at 10:10 a.m. The first item on the agenda was approval of the minutes of the March 25, 2008 meeting. Upon a motion made by Mr. Mueller and seconded by Mr. Branchini, the following resolution was unanimously adopted: APPROVAL OF MINUTES OF THE MARCH 25, 2008 MEETING BE IT RESOLVED, that the minutes of the meeting of the Members of the Hugh L. Carey Battery Park City Authority held on March 25, 2008 are hereby approved. *         *         * The next item on the agenda, presented by Mr. Woo, was a request to authorize a change order in the amount of $34,956.16 to the contract with Hellman Electrical Corporation for work at the Port Authority Ferry Terminal in Battery Park City. Mr. Woo reminded the Members that in 2004, the Authority entered into an agreement with the Port Authority of New York and New Jersey pursuant to which the Port Authority is to construct and operate a permanent ferry terminal adjacent to the Battery Park City seawall. In March, 2007 the Members authorized a contract with Hellman Electric Corporation for the installation of electrical cable to service the terminal. The cost of the work, $764,570, is to be borne by the Port Authority. The third change order to this contract is for the provision of labor and materials to replace specified conductors in two duct banks, Mr. Woo explained. The original design from 2001, he continued, is contrary to new provisions in the New York City Electric Code and must be modified with respect to the type and size of wires to be used. The cost for the additional electrical services is $34,956.16, which, together with prior change orders, brings the total cost of the contract to an amount which requires approval of the Members pursuant to the Authorityâs Procurement Guidelines. The cost of the additional work will be borne by the Port Authority and reimbursed to Battery Park City Authority, he concluded. Upon a motion made by Mr. Urstadt and seconded by Mr. Shenoy, the following resolution was unanimously adopted: AUTHORIZATION TO AMEND CONTRACT WITH HELLMAN ELECTRICAL CORPORATION BE IT RESOLVED, that the President of the Authority or his designee(s) be, each of them hereby is, authorized and empowered to amend the contract (the âContractâ) with Hellman Electric Corporation for the supply and installation electrical equipment for the Port Authority Ferry Terminal by executing Change Order No. 3 in the amount of $ 34,956.16; and be it further RESOLVED, that the President of the Authority or his designee(s) be, and each of them hereby is, authorized and empowered to execute and deliver the change order on behalf of the Authority, subject to such changes as the officer or officers executing the change order shall, with the advice of counsel, approve as necessary and appropriate and in the best interest of the Authority, such approval to be conclusive evidence by the execution and delivery of the change order; and be it further RESOLVED, that the President of the Authority or his designee(s) be, and each of them hereby is, authorized and empowered to execute all such other and further documents, and to take all such other and further actions as may be necessary, desirable or appropriate, in connection with the transactions contemplated in the foregoing resolutions, and any such execution of documents and any other and further actions heretofore taken are hereby ratified and any actions hereafter taken are confirmed and *         *         * The next item on the agenda, also presented by Mr. Woo, was a request to authorize a contract with URS Corporation, NY for an amount not to exceed $518,039 to perform Ownerâs Representative & Inspection Services for parks projects from May 2008 until May 2010. The Battery Park City Parks Conservancy operates and maintains all of the parks in Battery Park City, Mr. Woo explained. During the next twelve to twenty-four months, he continued, there will be multiple repair projects within the Battery Park City parks that the Authorityâs Construction Department will oversee. Over the past four years, the Authority, through the Construction Department, has entered into two-year contracts with outside firms for construction management services relating specifically to parks projects. In accordance with the Authorityâs Procurement Guidelines, Mr. Woo continued, the contract was advertised in the New York State Contract Reporter and the Minority Commerce Weekly. Additionally, he stated, names of potential contractors were solicited from the Affirmative Action Department. After a pre-proposal meeting, proposals were received from nine firms, two of which are M/WBE firms. After pre-award meetings, Mr. Woo explained, management determined that the three lowest bidders all had complete understandings of the project and included all work in their base proposals. Based upon a review of price, qualifications and experience, it was apparent that URS Corporation NY, which had submitted the lowest proposal, had a clear understanding of the scope of work, met the required qualifications, and had the ability to work in accordance with the scheduled hours, he concluded. Upon a motion made by Mr. Mueller and seconded by Mr. Urstadt, the following resolution was unanimously adopted: AUTHORIZATION OF A CONTRACT WITH URS CORPORATION, NY BE IT RESOLVED, that the President of the Authority or his designee(s) be, each of them hereby is, authorized and empowered to execute a contract (the âContractâ) with URS Corporation, NY to perform Ownerâs Representative & Inspection Services from May 2008 through April 2010 for Battery Park City parks projects for an amount not to exceed $518,039; and be it further RESOLVED, that the President of the Authority or his designee(s) be, and each of them hereby is, authorized and empowered to execute and deliver the Contract on behalf of the Authority, subject to such changes as the officer or officers executing the Contract shall, with the advice of counsel, approve as necessary and appropriate and in the best interest of the Authority, such approval to be conclusive evidence by the execution and delivery of the Contract; and be it further RESOLVED, that the President of the Authority or his designee(s) be, and each of them hereby is, authorized and empowered to execute all such other and further documents, and to take all such other and further actions as may be necessary, desirable or appropriate, in connection with the transactions contemplated in the foregoing resolutions, and any such execution of documents and any other and further actions heretofore taken are hereby ratified and any actions hereafter taken are confirmed and approved. *         *         * The next item on the agenda, presented by Mr. Cavanaugh, was a request to authorize the payment of $432,000 to the Alliance for Downtown New York, Inc. for calendar year 2007 for the promotion and improvement of the lower Manhattan Business Improvement District. Mr. Cavanaugh reminded the Members that Alliance for Downtown New York, Inc. (âDowntown Allianceâ), a Business Improvement District (âBIDâ) for lower Manhattan, has been operating for many years. He explained that although Authority is not required to do so, it has been contributing to it for many years. The economic success of Lower Manhattan rests in large part on the efforts of agencies such as the Downtown Alliance, he stated. After nearly ten years of flat payments of $270,000, the Authority increased its annual payment to the BID to an amount roughly commensurate to an amount reflecting increased assessments by the BID to businesses within its area, Mr. Cavanaugh continued. Therefore, he stated, the payment for 2006 increased to $432,000. This number does not include any adjustment for additional commercial square footage added within Battery Park City, such as the NYMEX building or the hotels which have opened, and the amount is therefore significantly less than the Authority would pay if it were a full-fledged member of the BID, he explained. Mr. Mueller noted that the Downtown Alliance performs event-sponsoring and area maintenance activities, and runs a jitney service throughout lower Manhattan, including Battery Park City, which is very well-received by residents and visitors. It is a non-political, efficiently-run business that is supported by the real estate owners, expressing his approval of the payment proposal. Upon a motion made by Mr. Urstadt and seconded by Mr. Branchini, the following resolution was unanimously adopted: AUTHORIZATION OF PAYMENT TO ALLIANCE FOR DOWNTOWN NEW YORK, INC. BE IT RESOLVED, that in accordance with the materials presented to this meeting, the President of the Authority or his designees) be, and each of them hereby is, authorized and empowered to make a payment to The Alliance for Downtown New York, Inc. (the âBIDâ) in the amount of $432,000 for calendar year 2007 to assist the BID to carry out its corporate purposes with respect to the revitalization of downtown Manhattan; and be it further RESOLVED, that the President of the Authority or his designees) be, and each of them hereby is, authorized and empowered to execute all such other and further documents, and the take all such other and further actions as may be necessary, desirable or appropriate, in connection with the transaction contemplated in the foregoing resolution, and any such execution of documents and any other and further actions heretofore taken are hereby ratified and any actions hereafter taken are confirmed and approved. *         *         * Mr. Gill introduced the next two items on the agenda, both pertaining to Pier A, by setting forth the general background and history of the pier. Ms. Long then updated the Members regarding the Authorityâs current activities with respect to the pier. She explained that an agreement regarding lease terms with the New York City Economic Development Corporation (âEDCâ) has been  reached after more than a year of negotiation and that the Authority has executed a Term Sheet with EDC pursuant to which the Authority would lease the pier from the City and  redevelop it.  The Authority has also begun negotiations with the National Park Service to be Pier Aâs anchor tenant, she added. The Construction Department has solicited contractors to start remediation of the substructure of the pier, and H3 Hardy Collaborations, led by Hugh Hardy, a well-known historic preservationist, has been hired to perform architecture work for Pier A. Furthermore, she explained, the Authority has retained a retail consultant to help establish the best uses for the second and third floors of the pier structure. She also noted that Pier A is listed on the State and National Registers of Historic Places and is designated as a New York City Landmark. Upon agreement of the involved public agencies, Mr. Baldwin explained, the Authority is the lead agency for the review of the environmental impacts of the pier project. Over the past several months, Management has been engaged in a detailed environmental review which considered traffic, air quality, noise, natural resources, and a number of other potential impacts associated with the project. That review was conducted with the assistance of Jacobs Edwards & Kelcey, the Authorityâs environmental consultant, and Sive, Paget & Riesel, the Authorityâs environmental counsel.  In accordance with statutory regulations, Mr. Baldwin stated, the Authority must issue a Determination of Significance upon completion of its environmental review indicating whether significant environmental impacts may result. He explained that the Authorityâs environmental review indicates that the Project would not have a significant impact on the environment and requested that the Members authorize the issuance of a Notice of Determination of No Significance to that effect. In response to inquiry by Ms. Rollins, Mr. Kevin Keane of Jacobs Edwards & Kelcey explained that the Pier A work is unlikely to have any adverse effect on sturgeon populating the Hudson River. Upon a motion made by Ms. Rollins and seconded by Mr. Branchini, the following resolution was unanimously adopted: Approval of, and Authorization to Issue, a Notice of Determination of No Significance Related to redevelopment of Pier A, and contiguous upland area WHEREAS, on December 14, 2007, the Authority executed a Term Sheet with the New York City Economic Development Corporation, designating the Authority to lease and redevelop Pier A and a contiguous upland area (together, the âProject Siteâ). The Project Site is located at the southern tip of Lower Manhattan just south of Battery Park City; and WHEREAS, Pier A, listed on the State and National Registers of Historic Places and designated as a New York City Landmark, was first constructed between 1884 and 1886 and is the last surviving historic pier in Manhattan. It contains a three story building, with approximately 30,000 square feet of usable interior space, and a perimeter walkway. The building is currently vacant and closed to the public, and has not been in active use since 1992; and WHEREAS, the Authority intends to restore and rehabilitate Pier A and return this deteriorating, underutilized and inaccessible facility to public use. WHEREAS, the redevelopment of the Project Site (the âProjectâ) will require the execution of a lease with The City of New York, which is an action subject to the New York State Environmental Quality Review Act (âSEQRAâ) and the City Environmental Quality Review (âCEQRâ); and WHEREAS, by letter dated February 29, 2008, the Authority declared its intent to serve as lead agency for purposes of conducting the environmental review of the Project required under SEQRA and CEQR and circulated Part I of the Full Environmental Assessment Form to the involved agencies; and WHEREAS, having received no objection from the other involved agencies, the Authority has prepared a Full Environmental Assessment Form and Supplemental Environmental Studies (the âEAFâ), as presented to this meeting, to examine the potential environmental impacts of the Project; and WHEREAS, the EAF examines the Projectâs potential to result in significant adverse impacts in the following areas: land use, zoning and public policy; socioeconomics; community facilities; open space and recreational facilities; shadows; cultural resources; urban design and visual resources; neighborhood character; natural resources; hazardous materials; waterfront revitalization plan; infrastructure; solid waste and sanitation services; use and conservation of energy; traffic and parking; transit and pedestrians; air quality; noise; construction impacts; and public health; and WHEREAS, as detailed in the EAF, no significant adverse impacts would occur as a result of the Project; and NOW, THEREFORE, BE IT RESOLVED, that, in accordance with the materials presented to the meeting and filed with the minutes hereof, the Members of the Authority hereby approve, and authorize the issuance of, a Notice of Determination of No Significance for the Project, substantially in the form presented at the meeting. *         *         * The final item on the agenda, presented by Ms. Altman, was a request to authorize the execution of a lease between the City of New York (the âCityâ) and the Authority with respect to Pier A and the contiguous upland area. She began by explaining that Pier A is located within the Authorityâs statutory project area but was never conveyed to the Authority by the City of New York. A term sheet with EDC designates the Authority to lease and redevelop Pier A, she said, and the Authority and the City have also agreed on the terms of a 49-year lease which can be extended by five additional ten-year renewal options, for a total of 99 years. Ms. Altman informed the Members that the City desires to limit the expense incurred for this project to $30 million, and the Authority will be required to obtain the Cityâs agreement if the cost of the project will ultimately exceed that amount. In response to an inquiry by Mr. Mueller, Ms. Altman explained that the basis for the $30 million estimate is the budget of the Cityâs former tenant of the pier. Because work on the project is just starting, she said, it is too early to say whether the amount is sufficient for the project, but the Authority is cautiously optimistic that it can manage the economic risks presented. Ms. Altman then explained certain elements of the proposed lease. The Authority will not have to pay any rent for Pier A, she said, and is charged with using reasonable efforts to contract with the National Park Service to provide ferry service from the pier to the Statue of Liberty National Monument and Ellis Island. Other permitted uses at the pier include retail and office space, she noted. She noted that the City has also expressed its wish that Pier A be economically self-sustaining, with revenues from the National Park Service and other users supporting the cost of the capital investment and ongoing operations. In response to an  inquiry from Mr. Urstadt, Mr. Woo explained that the ferry service will require that the Authority construct a floating dock because due to their size, the ferries cannot dock at the existing structure. The dock will need approval from the U. S. Army Corps of Engineers, Mr. Woo added. Mr. Urstadt stated that as a private venture, a development project which gives the City absolute control over any lease or sublease would be questionable, but because Authority revenues are ultimately payable to the City, this should not be a concern as to this transaction, despite the unknown costs of repairing and maintaining the pier structure. In response to a question from Mr. Mueller about the Cityâs degree of control over the project, Mr. Baldwin stated that schematic and design development plans and associated budgets will be presented to the City at regular intervals in order to keep the City advised as to cost issues. Upon a motion made by Mr. Branchini and seconded by Mr. Mueller, the following resolution was unanimously adopted: AUTHORIZATION TO EXECUTE A LEASE BETWEEN THE CITY OF NEW YORK AND BATTERY PARK CITY AUTHORITY WITH RESPECT TO PIER A AND THE CONTIGUOUS UPLAND AREA BE IT RESOLVED, that in accordance with the information presented to the meeting, the President of the Authority or his designee is hereby authorized and empowered to execute, on behalf of the Authority, a lease between the City of New York, as Landlord, and the Authority, as Tenant, for the redevelopment of Pier A and the contiguous upland area substantially on the terms and in the form presented to the Members; and be it further RESOLVED, that the President of the Authority or his designee(s) be, and each of them hereby is, authorized and empowered to execute and deliver such a lease on behalf of the Authority subject to such changes as the officer or officers executing such lease shall, with the advice of counsel, approve as necessary and appropriate and in the best interest of the Authority, such approval to be conclusively evidenced by the execution and delivery of such lease; and be it further RESOLVED, that the President of the Authority or his designee(s) be, and each of them hereby is, authorized and empowered to execute all such other and further documents, and take all such other and further actions as may be necessary, desirable or appropriate , in connection with the transaction contemplated in the foregoing resolutions, and any such execution of documents and any other further actions heretofore taken are hereby ratified and any actions hereafter taken are confirmed and approved. *         *         * In response to inquiry from Mr. Urstadt, Mr. Woo explained that renovation work on the Pier will begin in about a year and the project will likely take another two years to be completed. Mr. Gill then expressed his gratitude to the Members and to the Authority staff particularly with respect to the work that has been done for Pier A. The Pier A project will be a great contribution to the City of New York, he stated.  There being no further business, the meeting thereupon adjourned at 11:10 a.m.Respectfully submitted, Carl D. Jaffee |
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