HUDSON RIVER PARK TRUST MINUTES Ofa Meeting of the Directors Held on March 26", 2009 ‘Hudson River Park ‘Trust Spector Hall New York City Planning 22 Reade Street ‘New York, New York 4:00p.m, Directors Present: Diana L, Taylor, C1 Robert C. Lieber, Viee Chair ‘Adrian Benepe Pam Frederick ‘Lawrence B. Goldberg Franz Leiehter ‘Georgette Mosbacher Henry J. Stern Pau! Ullman Rachel Gordon, Representing NYS OP RHP Commissioner Caral Ash ‘Sttsun Maitel, Representing NYSDEC Commi: ver Pete Grannis Far the Carparation: Connie Fishman, Presiden Noreen Doyle, Executive Vice President Laurie Sitherfeld, General Counsel Karen Jennings, Assistant Treamrer URPT Staff Mare Boddewyn James Koth David Katz Other Stall Also Present? Jed Hawbert, Deput; wor Litber"s Office John Lamb, Hadson River Park Trust Advisory Council Chair Page 1 of 32With a quorum of Trust Directors present, Chair Taylor called the March 26", 2009 meeting of the Hudson River Park ‘Trust to order at 4:00 pm. Chair Taylor stated that the first order of business. was the approval of the Minutes of the February 12, 2009 Board of Directors meeting. She asked if there were any comments or questions. Director Frederick noted that she was present at the February 12, 2009 meeting and would like the minutes to reflect same. ‘Chair Taylor stated that the record would be amended to read that Director Frederick was present Chair Taylor asked if there were any additional comments or questions, There being none, she asked for a motion to approve the minutes of the February 12", 2009 Board of Directors Meeting, Vice Chair Licher moved and Director Frederick seconded the motion, A Vole was (hen taker! and the follwing resolution was animausly adopted: HUDSON RIVER PARK TRUST = Approval of Minutes, and Ratification af the Actions ‘Taken at the February 12", 2009 Meeting of the Directors of Hudson River Purk Trust RESOLVED, that the Minutes-of the Meeting of the Fludsoi River Park ‘Trust Board af Direetors held on February 12", 2009 are hereby approved, all actions taken by the Directors present at such meeting, as set forth in the individual Minutes of such meeting, are hereby, in all respects, approved and ratified as actions of the Hudson River Park ‘Trust, und copies of such approved Minutes are hereby ordered filed the records of the Corporation, wenn Chait Taylot the asked President Fishiian lo present the next iter before the Board, Authorization 1 contact with J. D'Amuzio & Sons inc. for Segment 3 Upland Park (Constrvetion Wark Page 2 of 32President Fishman explaned that in June 2006, the Trust received approval of HUD finding through the Lower Manhattan Development Corporati 1 for the Tribeca portion of the park, Last summer the first section of segment 3, from Laight St, to Picr 40, was pened to the public, The development of the upland park from Chambers to N, Moore Streets and atop Pier 25 is now ready for construction The proposed contract provides for bulkhead repairs; excavation and grading; concrete elements; water and sewer distribution; railing systems; park furnishings and equipment and all ‘other site work construction, The contract was procured as a lump sum bid for all work in accordance to the Trust's procurement guidelines, A total of six firms submitted proposals on March 24" ranging from $14,327,000 to $38,470,000, After a review by staff and Tumer Construction, J. D'Annunzio & Sons was determined to be the lowest qualified and responsive bidder, President Fishntn requesed the approval of J. D*Aumunaio & Sons for the Upland Basle work from Chambers to N. Moore Street in the amount of $44,327,000 plus a 100 pencemt ‘contingency for lotal non-to-exveed contract authorization of $15,759,700. Chair Taylor asked if thers were any’ questions or Comments. There beirig nene, Dirsciar Licher moyed, and the motion was seconded by Director Benepe, A yote was ther taken afl the following. resolution was unaniniousty adopted: HUDSON RIVER PARK TRUST - Authorization for Hudson River Park ‘Trust to Contract with J. D’Amnonzio & Sons Inc. for Segment 3 — Chambers to N, Moore Street Upland Park Construction Work in at amount of $14,327,000,00 plus a 10% contingeney, for a total not to exeeed contract authorization of $15,759,700.00, RESOLVED, based on (he materials presented to this meeting, a copy of which ly ordered filed with the records of the Corporation, the Directors hereby authorize the Hudson River Park ‘Trust to contract with J. D’Annunzio & Sons ine. in an amount of $14,327,000.00 Page 3 of 32gency, for a total not to exceed contract authorization of $15,759,700.00 nd be it further plus a 10% con for Chambers to N. Moore Street Upland Park Construction Work; RESOLVED, that the President or her designee(s) be, and each of them is hereby authorized to take such actions as the President or his designee(s) may deem necessary or appropriate in order (o implement the foregoing resolution. Chair Taylor asked President Fishman to present the next item before the Board, authorization to contract with Professional Pavers Inc. for Segment 3 unit paving materials from ‘Chambers to North Moore Street, President Fishman explained that the next Tribeca related contract is for the unit paving materials in the Chambers to N, Moore Street area and provides for the furnishing and ‘installation of unit pavers and all foundation materials for this area. The contract was bid in accordance with the Trust's procurement guidelines. A total of five firms submitted bids on ‘Minrch 24" ranging from $1.300,0%0) te $2,860,000, Professional Payers Inc, was found to be the Jorwest qualified andl respamswvé bidet’ President Fishmmn sequisted authorization ti enter into a contract wilt Professienull Pavers, Inc bn the amount of $1,300,000 plus 4 ten percent contingency far a total board authorization oF $1,430,000 for furnishing and installing nil paving materials in the Chambers toN. Moore St. area. Chair Taylor usked if there were any questions or coniments, ‘There being none, Vice Chaitman Lieber moved. and the motion was seconded by Director Mosbacher. A vote was then faker ind the Following resalition Was tinanimously adopted: HUDSON RIVER PARK TRUST -Authorization for Hudson River Park Trust to Contract with Professional Pavers Inc. for Segment 3— Chambers ta N, Moore Stree! Unit Paying Materials Construction Work in an amoant of §1,300,000.00 plus a 10% contingency, For it total not te exceed contract authorization of $1,430,000.00. Page din 32RESOLVED, based on the materials presented to this meeting, a copy of which is ordered filed with the records of the Corporation, the Directors hereby authorize the Hudson River Park Trust to contract with Professional Pavers Inc, in an amount of $1,300,000.00 plus a 10% contingency, for a total not to exceed contract authorization of $1,430,000.00 for ‘Chambers to N. Moore Street Unit Par Materials Construction Work; and be it further RESOLVED, that the President or her designec(s) be, and each of them is hereby authorized to take such actions as the President or his designee(s) may deem necessary or appropriate in order to implement the foregoing resolution. aoe Chair Taylor asked President Fishman to present the next item before the Board, authorization to contract Levest Electric Corp. for Segment 3 Site Electrical Work. President Fishman informed the Directors that the third contract for the Tribeca park area is for site electrical work between Chambers and N, Moore St, including Pier 25. ft provides for electrical distribu in for all site lighting, electrical panels, conduits, wiring, grounding, lighting conirols, Histures, equipment and all other siié electrical comsteuction, The eantrae; was procured in accordance with Tuusi"s procurement guidel lies. A total of five fiems submined bids on Mareh 24!" ranging fom $3,397,429. w 55,374,300. Levest Blecttic Corp. was deterinived wo be the Jowes! qualified and eecponsive hidden, President Fishenan requetied contract authorization for site electicel wesk from Chambers 10 8. Moore St. in the amount of $3.397.429, plus a ten percent contingency, for a Joull pot-to-eXpeed authorization of $3,737,171,00. Chair Taylor asked if there wert ny questions oe comun=nts Director Goldberg asked 2 general question about who wrote the specications foe these coiatbacts Page 5 of 32President Fishman explained that the spec. writing was done under management team of ARUP and the architects and engineers who work for Matthews Nielsen, the prime landscape architects, Trust staff review the specifications and drawings, Chair Taylor asked if there were any additional questions or comments, There being moved, and Vice Chairman Licber seconded. A vote was then taken none, Director Frederi and the following resolution was unanimously adopted: HUDSON RIVER PARK TRUST -Authorization for Hudson River Park Trust to Contract with Levest Electric Corp. for Segment 3 — Chambers te N. Moore Street Site Electrical ‘Construction in an amount of $3,397,429.00 plus a 10% contingency, fer a total net to exceed contract authorization of $3,737,171.90. RESOLVED, based on the materials presented to this meeting, a copy of which is ordered filed the records of the Corporation, the Directors hereby authorize the Hudson Park Trust to contract with Levest Eleetrie Corp. in an amount of $3,397,429.00 plus 10% contingency, for a total not to execed contract authorization of $3,737,171.90 for ‘Chambers to N. Moore Street Site Electrical Construction Work; and he it Further RESOLVED, thar the President or her designee(s) be, and each of them is hereby authorized (o take such getions ay the President or his designeets) may deem necessary or appropriate in order to implement the foregoing resolution. eens Chait Taylor asked President Fishman to present the ext item before the Direotors, President Fishman explained that in tte 2008 the Trust hegan site clearanc= and preparation of the. work area soci of Chatabers Sueet io up to N. Moore Sirees, Ty prepuring the site’ for thé upcoming construction it hecurse apparent thal heavy equipmen access ramps al the bulkhead arens of Piers 25 and 26 should be provided to allow for mobilization oF equiprment on ite pier areas. The ramps ean be maintained for as long as necessary for firare work on the Pier 26 Rauhrnse ancl Estuartim and the platform between the: two plers after the rest of the segment 1 opened to the public, ‘Trust stat was able iu negotime a favorable prive with Keluo Page 6 of 32‘Construction for the new ramps, which was verified by our construction manager as being fair and reasonable. As this additional scope wos not originally included in the existing Board approved site demolition and clearance contract, the Trust is seeking an amexdment to the ‘current Relco contract President Fishman requested to authorize the Trust to amend the contract with Keleo Construction Inc. for Segment 3 Site Preparation in the amount of $135,030.00, fer a total not to exceed authorization of $294,200.00. Chair Taylor asked if there were questions or comments. There being none, Vice Chair Lieber moved, and Director Frederick seconded, A vote was then taken and the following resolution was unanimously adapied: HUDSON RIVER PARK TRUST -Authorization for Hudson River Park Trost to Amend the Contract with Kelco Construction Inc, for Segment 3 Site Preparation and Removals Work (Chambers to.N. Moore Sireets) in an additional contract amount of $135,030.00, for to exceed hoard authorization of $294,200.00 RESOLVED, based on the materials presented to this meeting, a eupy of which is ordered filed with the records of the Corporation, the Directars hereby authorize the Hudson River Park Trost to umend the contract with Keleo Construction Inc. for Segment 3 Site Preparation and Removals Werk (Chambers to N, Moore Streets) for a contract amount of $135,030.00, for a total wot to exceed board anthorization of $294,200.00; and be i( further RESOLVED, that (he President or her desigmee(s) be, and each of them is hereby authorized to take such actions us the President or her designeets) may deem necessary or appropriate in order to implement the forgoing resolution. The Chinr asked President Fishman to present the next itemt before the Directors, 1 contract with Stumnron Mills LIVE for the purchase of HRET Staff uniforms. President Fishman explained that in onder io adyanice fhe brung af the park aud exsure quality consistency of the Trust Uniforms and éiher apparel, staff issued arr RFP secking bids for y companies to provide wniforms For the next three years Page 7 of 32 qualified screen-printing and embroiderOn March 6" ten proposals were submitted to the Trust of which eight were deemed complete. Based on the evaluation of the proposals by public programs department staff, Shamron Mills LTD was determined to be the lowest, hest qualified bidder for the proposed work, References and background checks of Shamran Mills LTD were done and found to be suppart.ve ‘The contract is structured as an initial one-year term with two optional annual renewals at ‘the Trust's discretion, President Fishman requested authorization to contract with Shamron Mills LTD for the purchase of staff uniforms for an initial one-year term in an amount not to exceed $22,500, plus two optional renewal terms, in the amounts of $23,625 for year two and $24,806.25 for year three, for a total not to exceed contract authorization of $70,931.25, Chair Taylor asked how many of the Trust's staff wear uniforms, President Fishman explcined that we have maintenance and horticultural staff of approximately 16 people who weat slightly différenc unifornns. ‘The:naairuenance staff uniferrms Tnclidé tops. bottoms, jackets, bats, anid houtg that dre needed for heavy duly werk The homticuinie: seat is similar with different identifying emblems on their shins 37 hat we nan distinguish the mbintenunce from the horticulirre peaple, ‘The event and eduvation siafT has shirts id hats 0 3 seasona) basis. ‘The Chait stated thal we are gelting-« lol for ourmoney. Vice Chair Lieber asked! usout the difference in price from the last hid process thice years ago given today's economy: President Fishinan stated that the prices were Lawes, andl asked! Mr. Kats explain. Mr. Katz explained that tie highest hid was $27,439, the six responsive bids we were able t0 Use was spread between the low bid wad only $3,000 higher, Page 8 of 32Discussion ensued regarding where the uniforms were manufactured nd whether or not the bidder mects the State's mandates and criteria. ‘Chair Taylor asked if there were any questions or comments. There being none, Vice Chair Lieber moved, and Director Frederick seconded. A vote was then taken and the following resolution was unanimously adopted HUDSON RIVER PARK TRUST -Authorization for Hudson River Park Trust to Contract with Shamron Mills LTD for the Purchase of HRPT Staff Uniforms for an initial one year term in an amount not to exceed $22,500, plus two possible one year renewal terms, at the Trust's option, in the amount of $23,625 for year two and $24,806.25 for year three, for a total possible three year contract’ amount not to exceed $70,931.25, RESOLVED, based on the materials presented to this meeting, a copy of whieh is ordered filed with the records of the Corporation, the Directors hereby authorize the Hudson 7 Park Trust to Contract with Shamron LTD for the Purchase of HRPT Staff Uniforms for an initial one year term in an amount not to exeeed $22,500.00, plus two possible one year renewal terms, at the Trust’s option, in the amount of $23,625 for year two and $24,806.25 for year three, for a total possible three year contract amount not to exceed $70,931.25; and be it further RESOLVED, thut the President or her designee(s) be, und each of them is hereby authorized tv Lake such actions as the President or her designee(s} may deem necessary or appropriate in order to inplesnent the foregaing resalution. wee ‘The Chair asker Presiden Fishmait to presen! the nest iten President Fishman explained that throughout the year, the Trust uses professional printers for many different projects inclading its annual financing plan, event calendars, newsletters, business carts, event mailing curds anel park maps. These materials are beyond the scope of what 1 practical (o print internally amd must be farmed out to a Langer print production service provider. Having multi-year agreement with a print production service allows HRPT to loek i lavorable pricing of such secvicestor a tonger period uf rime, Prge 8 of 32Ih accordance with our procurement guidelines, an advertisement for the work was published in the New York State Contract Bid Reporter and on the HRPT website and on March 9 cight firms submitted bid proposals. Trust Public Programs staff evaluated the proposals aad determined that One Source Visual Marketing Solutions was the lowest, best qualified bidder. ‘One Source is a Forest Stewardship Council certified printer that has worked with a number of high profile clients including: te Union Square Parinership, New York City Center, Calvin Klein, Showtime, Baruch Colleg:, and The New York Times. The contract would he for one-year term with three additional one-yzar options to renew at the discretion of the ‘Trust with no inerease in pricing. President Fishman requested authorization to contract with One Source Visual Marketing Solutions for a one-year term with three additional one-year renewals at the Trust’s discretion in an amount not to exceed $86,504.61 per year for print production services for a total not to exceed contract of $346,018.44, Chair Toylov asked IF there Were aity questions dr Gomiments, Ditectar Leichter asked if we would save money witb only’ one printer, nnd how mich did The Trust spend last year; President Fishman explained tht this is similar to the arrangement we have bad far the past (hree years with Highroad Press. The tid js £39 lower than what the ‘Trust ka paid in ihe past for sinsilar printing services. President Fishman led 9 detailed discussion regarding the selection criteria und whether ‘any additional printing would be covered if it Were needed. Faye 10,06 32Chair Taylor asked if there were any addlitional questions or comments, There being none, Director Benepe moved, and Vice Chai Lieber seconded. A vote was ther taken and the following resolution was unanimously adopted: HUDSON RIVER PARK TRUST -Authorization for Hudson River Park ‘Trust to Enter into a Contract with One Source Visual Marketi lutions for a one-year term with three additional one-year rights to renew, at the Trust’s opti an amount Not to Exceed ‘$86,504.61 per year for a Total Contract Authorization of $346,018.44 far Print Production Services RESOLVED, based on the materials presented to this meeting, a copy of which is ordered filed with the records of the Corporation, the Directors hereby authorize the Hudson River Park Trust to Contract with One Source Visual Marketing Solutions for an initial one year term in an amount not to execed $86,504.61 for Print Production Services with the right to renew, at the Trust's option, for up to three additional one-year terms at $86,504.61 per year for a total contract auth: ion not to exceed $346,018.44; and be it furiher RESOLVED, that the President or her designee(s) be, and each of them is hereby authorized to take such actions as the President or her designee(s) may deem necessary or appropriate in order to implement the foregoing resolution. ones The Chair asked Presiden) Fishman to present ihe neat tiem bef the Bord, authorization to amend and extend Contract with Autodesk, fh for inanagensent and datw base system known as Comvinvetvure, President Fishman explained that for the past sevem years, the Trust has heen utilizing Autodesk Ines Conmmerere progam, a centalized elecrunie project mamgement aul collaboration database, tt organize and manage over three huddred design, consulliiy: und constuction contracts. This has enabled all team members to share more than 90,000 documents vid sumdartl web browser as well as email. I provides: secure document rmicimgernent and complies with the New York Stare Archives records retention requirements, far revords. of Page Vat 42permanent legal and historical velue, The proposed contract amount covers licensing fees, web services, unlimited storage, and related software expenses. ‘The initial comtract for Consiruetware with Emerging Solutions was authorized in 2002, followed by renewals in 2005 and 2006, In March 2006 Emerging Solutions was purchased by Autodesk Inc., the makers of Auincad, the world’s most widely use computer-aided design and drafting software, ‘Trust staff has negotiated a fee that escalates by three percent annually over the current contract for unlimited licenses. In addition, Autodesk Inc. will provide unlimited data storage which Trust staff plan to use te meet electronic file back-up needs for disaster recovery and business continuity, President Fishman requested authorization to amend and extend the contract with Autodesk, Inc. to provide for continued use of their Construceware database, in the amount of needed for $237,719 for three years plus an additional 10% for training and technical services 4 total 2ot 10 ex teed contract authorization of $261,491.00, Chilir Taylor asked if thece were any’ questions or comments, Director Ullman if this was a capital iter and what do we own. President Fishman explained that the Trust owns the Licenses far as long us we pay Ue ficensing fees, which prowides for ihe permanent storage of the daca (the cost Is amortized ay a Capital expente over the three year tere of thé Contract). While [he Trig eould Lake tack: the dita to store in-house antl that it data and contract with another host provider, here ix too much nist be stewed comewher# permanently under New York Stale archiving requirements. Chait Taylor asked if there were any aulditiomal questions ov comments, ‘There being none, View Chair Lieber moved, and Director Mosbacher seconded, A yote was then takes anil the following resolution Was tmnanimoiisly adopted: Page 12 af 32HUDSON RIVER PARK TRUST -Authorization for Hudson River Park Trust to Amend and Extend the Term of the Contract with Autodesk, Ine, to Provide Continuing Operation and Support of their Constructware Database, Document Management and ‘Communication System for a Three Year Term in an Amount of $237,719.00 plus a 10% contingency, for a total not to exceed contract authorization of $261,491.00 RESOLVED, based on the materials presented to this meeting, a copy of which is ordered filed with the records of the Corporation, the Directors hereby authorize the Hudson River Park Trust to amend and extend the contract with Autodesk, Inc. to provide for continuing operation and support of their Constructware database, document management and communication system for a three-year term in an amount of $237,719.00 plus a 10% contingency, for a total not to exceed contract authorization of $261,491.00; and be further RESOLVED, that the President or her designee(s) be, and each of them is hereby authorized to take such actions as the President ar her designee(s) may deem necessary or appropriate in order to implement the foregoing resolution, ‘The Chair asked the President to present the next item. President Fishman expiaiaed that the New York City Parks & Reereation Department's Perk Enforcement Patrol known as PEP has been providing security services for Hudson River Park since 1999 uwough a series of comtracts and wontmiet amendments. In March, 2008, the Board approved a one year contrrct extension to onr previous PEP contract while staff reviewed! our furure public safety needs. within the park. Stuff now seeks nuthorizatton (a cxtend that contract for am additional year tern for continued PEP services wo the Park througi March, 2010, As with the pion PEP contracts. the propased etiension will provide for compensation based on actaal hours worked and nuthonzed expenses insured based on time sheets and receipts submitted,President Fishman requested authorization to extend its 2004 contract with the New York City Department of Parks and Recreation for a continuation of PEP security services for a one- {year term in an amount not to exceed $2,100,000, Chair Taylor asked if there were any questions or comments, Director Leichter asked how this contract conapares to last year's, President Fishman explained that it was exactly the same. Director Benepe explained that there was collective hargaining increase last year, and it ‘hasn't changed for this year. President Fishman led a detailed discussion about the PEP contact, and the total of ‘officers that were employed itt the Hudson River Park. Director Goldberg asked if'we conducted a review last year. President Fishman explained that the review is underway, Staff is seeking to determine whether or not in the iumme the now-mabile patrol, as opposed Ls the officers wha go Jp and dow i the paite and walk around, Would be midre efficient for a fixed post Filled with somebody who: is: more like: a security guurd. But we huver’t determined yet whether there ‘would be enough of a cost savires as there are many tftings PEP officers erm da hat security uatds cammot der. Director Leichter askel if we had any idea of the amount of invidents ye bad this year compared to year, Mr. Koth suited (hal we cen prepare a report tor the Board fortheir review. Director Benepe stited that he will abstain fitoni this voce. Page 14 0f 32Chair Taylor asked if thete were any additional questions or comments. There being none, Ms. Gorden moved, and Vice Chair Lieber seconded, A vote was then taken and the following resolution was unanimously adopted: HUDSON RIVER PARK TRUST -Authorization for Hudson River Park Trust to extend the 2004 Contract with the New York City Department of Parks and Recreation for park security services for a one-year term in an amount not to execed $2,100,000.00) RESOLVED, based on the materials presented te this meeting, a copy of which is ordered filed with the records of the Corporation, the Directors hereby authorize the Hudson River Park Trust to extend the 2004 contract with the New York City Department of Parks and Recreation for park security services through their Parks Enforcement Patrol for a one year term in an amount mat to execed $2,100,000.00; and be it further RESOLVED, that the President or her designees) be, and each of them is hereby authorized to take such actions as the President or her designee(s) may deem necessary or appropriate in order to implement the foregoing resolution, Chair Taylor asked President Fishman to present the next item before the Board, authorization tn renew the contract with the Doe Fund for general park maintenance President Fishman explained that general park maintenance services such as collecting and hugging trash, graffiti removal, cleaning park furnivure and pavers, shoveling snow and assisting wilh specmal projects have heen provitled by the Doe Fund since 2001, Two years ago. the Board authorized the ‘Trust toemer into: coweact with the Doe Fund for ane year with tvs optional one-year renewals, Last year (he Téust exercised the first of the lwo renewal pptions Trust staff continues to be satisfied with the Doe Fund's performance aml seeks iy renew their contract ton a third year The Doe Fund is a member organization of the Industries For the Disabled, which is recognized by the State of New York ax # “preferred source” vendor under State Finance Law. As.swch they receive priority Ireatment in the State contracting and procurement process, Page 15 of 32‘The authorization of the third year of services will provide for eighteen Doe Fund workers and three supervisors from 7:00 am - 11:30 pm and a erew of six workers and one supervisor for Route 9A median maintenance under a reimbursement agreement with State DOT. ‘The median maintenance, valued at $224,137.35 annually will not be implemented without a reimbursement agreement with State DOT in place for FY 2010. President Fishman requested authorization to renew the contract with the Doe Fund in an amount of $974,847.60 plus a 10% contingency for a total annual contract renewal of $1,072,333 for park maintenance and sanitation services. Chair Taylor asked if there were any comments or questions, Director Leichter asked how this contract compares to last year. President Fishman explained that we are-not increasing the amount of the eantract, but by 2010 when much larger sections of the Park will open we will have to increase the contract Direciar Frederick asked about ihe medians, and why they took so “horrenidous,"* President Fishman explained that hecalise of the State's fiscal situilion the: Skate fy aot yet renewed iis agreement of finding fos the median pavtion of the Doe Fund contact, We sire rotating our regular Park Doe Fund into the medians when possible, President Fishman led a dyeussiow about the fumiling of the Doe Fund and ‘he cleanliness of the médialt ‘The President explained that we are cecerving many, many phone ealls about this condition and we forwatd them to ie State Deparment of Transportation. “They are aware of the condition. Presilen| Fishman also explained that we are joiniug the New ‘York City Department of Parks recycling pit program in seVeral ateas Page 16 of 32Chair Taylor asked if there were any additional questions or comments, There being none, Director Frederick maved, and Vice Chair Licber seconded, A vote was then taken and the following resolution was unanimously adopted: HUDSON RIVER PARK TRUST -Authorization for Hudson River Park Trust to Renew the Contract with The Dee Fund for the Park Maintenance Work for an Amount Not to Exceed $1,072,333.00, for a Total Amount to Date under the 2007 Contract of $3,216,999,00, RESOLVED, based on the materials presented to this meeting, a copy of which is ordered filed with the records of the Corporation, the Directors herchy authorize the Hudson River Park Trust to renew the 2007 contract with ‘The Doe Fund in an amount not to exceed $1,072,333.00 a Total Contract Amount to Dale of $3,216,999.00 for the park maintenance work; and be it further RESOLVED, that the President or her designee(s) be, and each of them is hereby ized to take such actions as the President or her designee(s) may deem necessary or appropriate in order to implement the foregoing resolution. hs Chait Taylorasked President Fishinan te present the next item: authorization w renew the contract with Standard Parking Corporation for the 2008 Pier 40 parking gage operation and management for the second of thethrée one year renewal terms, President Fishman exphaired (hal in January 2004, dhe Trust rook over the Zev 30 guraye opetations, Following a publicly advertised aiid bid procurercnl prowess, jhe Trust comtricied with Standard Parking Corporation for garage management services at Pier 40 The game management agreement entered ita betweett Ute Trust and Sturulard provided for an initial Four ‘year term willy hree.one-year renewal options at the Trust's discretion. Atthis time Trust would like (a exercise the secorid of the three annul renewal options provided for under ihe Agreement. To comply with the notice pravision contained in the Agreermemt, the Trust advised Standard in Oetober thal Ii would exercise {ts option 10 renew for 2009, Under the Agreement, Page 17the annual fee due to Standard for its services provides for a modest inctease each year. The applicable management fee for this year is $69,356.44. In addition, Standard is entitled to be teimbursed for the costs of garage management operations as defined in the Agreement. Each year Standard provides the Trust with an annual budget for the upcoming 12 months for its approval. A summary of Standard Parking’s budget submission was included in your board materials, Additional review by our new parking auditors, Chance Management is also underway. Upon completion of that review, the Trust and Standard will agree upon a day-to-day ‘operating budget that will not to exceed $732,220.00, inclusive of the management fee. President Fishman requested to ratify the notice of renewal of the Standard Parking Agreement and authorize the Trust to exercise the second annual renewal option for Pier 40 parking garage management services for 2009 in an amount not ta exceed $732,220.00. Chair Taylor asked if there were any questions or comments. Director Galdberg asked what has beet the Trust's experience with Stundaid. President Fishman explained that this year lay heen sporty due te high tumover. and one of Chance Management’ tases Will be to put Logeler a4) operational assessinenl OF Uke curtent operator and, if requested, a new 2FP for a new opeitor. Direetor Ullina asked wilot will he sient jo the fisea) year beginning on April 1, 2000. President Fishrraa said that beginning April 1", the Trust will spend $742, (00. Direcior Ullman sisted that it is4 substantial increase over last year Director Stem noted that itis-4 [2% morease and asked whether the increase Is For goods or salaries. President Fishrnait explained that some of the costs are salaries, The President explained hut Stundurd Parking’ hus hdl w apoty meverd.over the qust six manths or so including im Page 18 of 32retaining garage management and other employees, She promised to update the Board as to ‘whether we are planning to issue an RFP for a new operator. Chait Taylor asked if there were any additional questions or comments. There being none, Director Frederick moved, and Director Stem seconded. A. vote was then ken and the following resolution was unanimously adopted: HUDSON RIVER PARK TRUST - Ratification of 60-Day Notice and Authorization to Renew Garage Management Agreement with Standard Parking Corporation for a One ‘Year Term for Pier 40 Garage Operations and Management Services in an Amount Not to Exceed $732,220.00, RESOLVED, based on the materials presented to this meeting, a copy of which is ordered filed with the records of the Corporation, the Directors hereby authorize the Hudson River Park Trust to ratify the 60-day notice and renew the Pier 40 Garage Management Agreement with Standard Parking Corporation for a One Year Term for 2009 Parking Garage Operations and Management Services in an amount not to exceed $732,220.00: and be it further appropriate in order to implement the foregoing eeselution. Een Chair Taylor asked Presicen! Fishman to present the List iteu before the Boal, apprewak ‘of the Hudson Riven Pari Trust fiscal yewr 2000/2010 operating budget. The following is the verhatim discussion op the ten “PRESIDENT FISHMAN, Stulf requests approval of the proposed [seal year 2010 operating builget for the period Ajril L, 2009 ta Mazeh 31, 2010 is secommiended hy snenibers of the audit und Finance communities hourd of the committee of the Trust Bord, And | should clarify that [ recived riotice informally of approval by evecy member of the commitiee except Director before: be has. Hutthe-othes fir Ullman, so Flot want te imply that he has signed. off on members notified me that they were sufficiently satisfied with the budget. Page 19.0F32DIRECTOR GOLDBERG: Who are the other four members? PRESIDENT FISHMAN: The other four members are Chair Taylor, Vice Chair Lieber, SIDENT FISHMAN: Director Roosevelt, yes, Who is not present but sent me an email DIRECTOR ULLMAN: What will the 08-109 — DIRECTOR ULLMAN; ~ operating income be, what is the surplus number going to be? PRESIDENT FISHMAN: The surplus for the current year that we will end on March Bist, pre capital improvements ix projected at $1.4 million. But [ need to read the rest of my mandatory script. For the rest of the Boatd who isn't on finance committee and may or may not have looked at this carefully before today, just to tell you the major changes between the 2009 and the 2010's operating budgets are highlighted in the notes section. And they include an increase af $290,000 total on a total budget for operations of roughly $15 million. Sixty-nine thousand of sai increase is projeetert for stuff cost OF living wn de benefit costs increases, and a net Of abdut $225,000 is added 4 non-persomel expenses. ‘These are primarily due to increases im ulilities. in insurance, and in the puking operator reimbursement contract Uiat you just approved. We still project a samphus at the cmd, ns [just said, after expenses of S14 million, And we womld use that to pay for anticipated capital improvernenis. If thal ié nol sufficient for all the enpttal improvements were we tw do thenv ina single: year, then we would have: | believe roughly $400,000 in addition projected Fox the end of hex) year conservatively to add to that amount of money. While our capital budget 1s wor sietually passed by the board of the Trust, but rather iy the City and ike State in dheir appropriations budgets, the prelimiugry appropriations for fiscal year 201 for Judson River Park Trust are SS million from the stale of New York, and $6 million from the City of Now Page 20.00 32‘York. And those would both go to construction in Tribeca to complete hopefully the boathouse and, depending on pricing, anythng ¢lsc in that section of the park that is still on the table. The ‘operations, however, are the Trus board's ta approve, as opposed to the capital. ‘Thank you. DIRECTOR STERN: Dots the 1.4 million surplus roll over — PRESIDENT FISHMAN: Yes DIRECTOR STERN: —tonext year? So you have more flexibility” PRESIDENT FISHMAN Yes. And the capital improvements that are laid out are priced in the single year but not necessarily assumed to be completed in a single year. DIRECTOR STERN; The $69,000 budget for staff increases, what percentage is that? PRESIDENT FISHMAN: That is a three and a half percent increase. DIRECTOR STERN: Foreveryone? PRESIDENT FISHMAN: Well. 110 — it doesn't necessarily apply t everyone hut if you applied it Co everyoue that's what jt Would! egpiuk DIRECTOR STERN: Don't you have diseretion to determine which of your mamigers deserve the (hres anid a hull percent, whi should get more, who should get less? PRESIDENT FISHMAN: Yes, we do have discretion, But since we have not done our pecformance evaluations, we are looking al Was 4 unit, Some peuple, for example, myself, don't get raises. So il just is a number that goes with the number of stuff, the total salary, wid a mitliiplier of three and a half pecoent, DIRECTOR STERN: Well, this is at itipostant issue for the parks. ‘The fist year or (wo. Wwe had authority from Mayor Gietion 10 spend a certain amewmt of maney, Whatever percentage il Way, and divide il among the séoior managers on the basis of merit, ‘That was taken away Page 21 of 32because they wanted everything ta be automatic, | think it gives the commissioner, the president, far more discretion if you can, you know, determine what people get within the range, based on your judgments of their performance, PRESIDENT FISHMAN: I think that’s right DIRECTOR STERN; Would you do it so long as it adds up? We did it and what we did is: we rounded up the managerial salaries to a certain, to say levels of say $500 or $1,000. And that’s not the same as a flat three and a half percemt or whatever percent there is puts ‘everyone at some odd figure, you know, ihe salary is $73,284. [i would cither be 73 or 73 five depending on judgment of their worth, And it resulted in better work because they knew that the arinual salary increase Was Coming, it was not automatic, So if you ~ I would suggest that you take the initi ive to determine those increases and range on the basis of merit. PRESIDENT FISHMAN: Thank you. DIRECTOR STERN: Take i) ander consideration, THE CHAIR: Any other questions or comments? DIRECTOR GOLDBERG: ‘Yes, Were looking at the budget and the sanitation expenses, 1 know this has all heer reviewed, but this is the only chance where some if Us get to ask: a question abou this se Gir, The sanitation expense, $800,000, reflects the Dae Fund: fs hat correct’ PRESIDENT FISHMAN: That's comect, DIRECTOR GOLDBERG: Okay. And thar we jvst looked ar, Whats the parking expense reflect? PRESIDENT FISHMAN: ‘The parking expense os a combination ef the $732,000 contriet for Standard reimbursements For the madagerien fee and fi the parkitigy Nex thal they Page 22 of 32collect, but aren't really for the Trust, they go to the City of New York. So they're passed through the Trust. DIRECTOR GOLDBERG: To the managers? PRESIDENT FISHMAN: They're callected by the management, they're passed through ‘the Trust, they show up in the revenue column as well as in the expense column. But the net is the $732,000 as opposed to the million point seven that you see on the schedule. DIRECTOR GOLDBERG: The 54, 40 and the maintenance and operations at Piers 54, 40 and CWP repairs and inspections. PRESIDENT FISHMAN: You'te in the capital improvements? DIRECTOR GOLDBERG: Yeah, in the capital improvements, Has that remai constant? PRESIDENT FISHMAN: No. That changes every year. It is-a combination of repairs to post piles before we begin the event season since [has an old Limber pier and it needs work every your, ‘This yer there are specific repatis jn Chelsea Waterside Park diat have ta do with sings that are just azing and safety issnes that were ereated in some eases thy having to re-erect burtiers I believe after several vehicles hit the wall, There is a wall between the park and Route OA (hnlsceny (abe a very popular place for late night drunk drivers to run inva: DIRECTOR GOLDBERG: What streét is that at? PRESIDENT FISHMAN: I's on 12" Avenue between 22nd umd 24rd Street. Anch 40 ‘hit happened ther is we're actually working with DOT 1p remove the original waills thay were pULiil, Which Were nat strong enoagh for the speeds tha the vebicles travel a, and replace it with a differen configuration, Bur the result of that 1s we internaly have 1 make modifications inside the pari: Page 23 of 32DIRECTOR GOLDBERG: And you projected that based om last year's experience? PRESIDENT FISHMAN: No, this is new. We projected that based on our staff's estimate of what it would cost to do the work, DIRECTOR GOLDBERG: Okay. One more question, The environmental education, we haven't spent anything on that? PRESIDENT FISHMAN: No, ‘Those are both things that were part of arant matches, and so the grants have nat been secured yet. DIRECTOR GOLDBERG: Thank you. THE CHAIR: Anybody else? DIRECTOR STERN: Yeuh. [ notice that expenditures are $235,000 for interns. DIRECTOR LEICHTER: For what? DIRECTOR STERN: Interns. Plus $7,000 overtime, I can assume, but what is that, the inverns. are (hese administrative imerns! PRESIDENT FISHMAN: No. This is the staff that does our summer events and our education program, DIRECTOR STERN; Oh, So they're really not intems in the conventional sense? PRESIDENT FISHMAN: No. From approximately lane May until Labor Day, (a few of them stay later than ihath, we hire mostly college students tw work in the park, And they do all af the summer efitertninment programs as Well dé tie suiniiner education, summer camp and Hshing environmental progearns, MS. MATTEE Sa they'tereally snore seaional employees’? PRESIDENT FISHMAN: Yes. Every year we chinge how we refer to them because: when we pos| for them they actually go to the incemhip vifices in their schools, wirich is, bow Page 24 of 32you, when you're a college student you get summer jobs. So they are seasonal workers but different from other seasonal workers, We have some seasonal workers who are professional horticultural workers who only work six months a year. They're not college students. They are really more like part time workers. So it's one of those categories that, you know ~ THE CHAIR: W's kind of fish or fowl. DIRECTOR STERN; What is the hourly salary? PRESIDENT FISHMAN: I think they range from probably ten dollars to - for a legal — intem maybe twenty dollars. So it depends on what their experience is, how ol they are, and ‘what their specialty is, haw much education they have. DIRECTOR STERN: A legal intern would be a law student? PRESIDENT FISHMAN: A law student usually in their second year. ‘THE CHAIR: Anybody else? DIRECTOR ULLMAN: Yeah, So Commie md J have spoken: about this, and 1 bave wo problesu with the budget a all and its particulars: elo -- F don't like the format, T think next Year's uppenwal We Should have an ineone statement, « balance sheet, anda cash Now statement. So I don't know whellier We can make — PRESIDENT FISHMAN: Weil, some of those things are omly available after our amiaual audit. We ean do an unsudiied ene as long as you understand hac after ths wut i rmuy Took different. DIRECTOR ULLMAN; Thut’s true for any business. DIRECTOR STERN: This document reully doesn't enable anyone to make jwements, For example, there's a category. administrative Hervices, then there's office expenses and supplies, which js $57,000. Salaries and (he paper clips? Page 25 of 3PRESIDENT FISHMAN: No, services is a contract for the most par with outside ‘consultants as opposed to the actual purchase of goods and materials. DIRECTOR STERN: This js, I just make the observation that this is the first time it's been done this way, but it’s not at all transparent. PRESIDENT FISHMAN: Well, one of the suggestions actually that Director Ullman had ‘when he first got on in there was there was too much on it, as opposed to too little om it, which is, you know, what some people have said. And we can certainly rearrange categories. The way that this presents itself now is through an accounting software package that produces the numbers directly as they are recorded. You could ehange that by hand entering all the accounts ‘im an order that the Board found to be easier to understand. DIRECTOR ULLMAN: What I suggested is that we have the, we got the headline numbers that are embedded in income statement and balance sheet. And then we can have supporting information behind those siutements. So that it's very: straightforward te follow the thine from, yeue (0 year or period fo period, And then we'll have any further amount of backups information to shows hendlines DIRECTOR GOLDBERG; Can we get 8 — what T was thinking was u year 1 year comparison. PRESIDENT FISHMAN: Well, that’s actually: ~ DIRECTOR GOLDBERG: Category by category. PRESIDENT FISHMAN; That's actually in heres DIRECTOR GOLDBERG: Next io cach olher? PRESIDENT FISHMAN) There is an (8/09 versus 09/10 actoss horiznounlly with all (he same categories Page 26.06.42DIRECTOR ULLMAN? But it’s difficult to follow. DIRECTOR GOLDBERG: Very hard to follow. DIRECTOR ULLMAN: Because the first column, it's not clear how far along in the year those numbers actually are. So it is very difficult to know the relationship between what is actually happening and the proposed budget. It's clear between the proposed and the next proposed, but not what has actually happened, PRESIDENT FISHMAN These yeur-to-dates were produced roughly March Ist. It doesn't mean that the accounts all reflect payments made by March Ist, because of course some bills take six months to receive ard others take six days. DIRECTOR ULLMAN; Right, PRESIDENT FISHMAN: So even with the date there, it's still misleading because of ‘who's charged and who hasn't and which bills have come in and which haven't, DIRECTOR ULLMAN: Right. PRESIDENT FISHMAN, We have some very Lage accounts, ypivally the parks depunimens, that takes longerte bill thas other people, So it just depends — sorry Adria. BUL it's good forus. ‘So you-can think of Las your Board Lat that youre wearing, (Laughter) DIRECTOR ULLMAN; So henve iy suggestion af wn income statement which is om an accrual hasis and, flirther, a ash [how statement which allows us to — DIRECTOR GOLDBERG: A cash flaw would fer us. DIRECTOR ULLMAN; Right, DIRECTOR GOLDBERG! » make those deweninminns. Page 27 of'32‘THE CHAIR: Yeah, I think the best thing to do with this, because we are obviously not going to fix this problem here, i for you to sit down the accounting department and come up with something that's to your satisfaction. DIRECTOR ULLMAN: Right, THE CHAIR: Bearing in mind that, you know, this is sort of a, it is a unique entity in how the cash and the capital is funded and all that stuff flows through it, So, you know, there are certain things that we really do need to know, we need total transparency but, you know, at some point we have what we have. DIRECTOR ULLMAN: Right DIRECTOR MOSBACHER: And the question is, you have eanned sofiwace — THECHAIR: Right DIRECTOR MOSBACHER: How much you can de with canned software THE CHAIR: And do we want to look ot the software DIRECTOR MOSBACHER: [ mean unless you invest: in customized. software, there's jist 80 muich you cau do will canned seftuvare DIRECTOR ULLMAN: Zight, DIRECTOR MOSBACHER: And { guess (hal ftas limitations te it obwiontsly PRESIDENT FISHMAN: Right. THE CHAIR: Right, PRESIDENT FISHMAN: We can ask for things Lo be reparted in new ways, hut each feport obviowsly involves individeal programming and it can only go te a-certain extent DIRECTOR MOSBACHER: Yeali, a0, I understand well. PRESIDENT FISHMAN: [c hus a finite capability. Page 28 of 32THE CHAIR: | think the bottom line is that we need to be satisfied that we are seeing what we need to he seeing and there's nething going on that shouldn't be going en, and there-are certain things that we need to look at in arder to satisfy ourselves with that So the DIRECTOR ULLMAN: And the auditors part of the, you know, somewhere enhanced reporting is going to help us put those reports together. THE CHAIR: Right, exactly. DIRECTOR STERN: Mey I? THE CHAIR; So [ think we ate going to start losing people. Is there something in there ‘thot you really need to know? DIRECTOR STERN: I wanted to say this. I have no substantive objections to any of these appropriations or expenditures here. But the utilities, 1.8 million, is that all Con Ed? PRESIDENT FISHMAN: No. For the most part that is New York Pawer Authority, It includes purr public park expenses far any public facility, which is through NYPA. It includes Con Ed for the facilities that are commercial caher than public, And it includes gas as well as léoteie: for several facilities. And i includes water, we pay water bills to the City of New York, to the water hoard. Waster and power. 1 thimk: that's at, DIRECTOR STERN: That's a— PRESIDENT FISHMAN: So those are alll included im that. DIRECTOR STERN: Interesting. Maybe for next year we can. or actually we can look ourselves and find that. PRESIDENT FISHMAN: You can come and look at our utility bills whenever you want. DIRECTOR STERN: Da you have fo, ate you required to, is there any competition in supplying eleciricity at this time? | Know our home bill is, we have the choice of buying the Page 29 of 32electricity from Con Ed of from another power and energy supplier. I can take whichever is cheaper. THE CHAIR: Do we have a wait, can we just check? PRESIDENT FISHMAN Do we still have a quorum if he leaves? THE CHAIR: I think so. Thanks. ‘(Deputy Mayor Licher exits the meeting room) PRESIDENT FISHMAN; We use NYPA as part of the pool that includes New York City and Bantery Park City. THE CHAIR: Which is much cheaper than Con Ed. DIRECTOR STERN: Couldn't we use NYPA for everything? PRESIDENT FISHMAN: No. We can only use NYPA for public benefit portions of the ‘park, Tt can't be used where we have a concessionaite DIRECTOR STERN: Thanks, that's al. THE CHAIR; Are there any other questions or comments? (ING Fes pense) THE CHAIR: May { havea motion te approve? DIRECTOR LEICHTER; Can 1 just i very brief comment? Vhave na pretlem wil the budget in this formu, althoueh | appreciate what Paul Js saying. 1 ahink to ne ane of the concetns, certainty it would be éasy enough; when you.say year wr date actu, to put im the dane of Marel, it's generally March 1, feu con tive an asterisk saying hat there may be bills thay bave been reeeived and have not beet paid or services rendered where the bills haven't been, But itseems to me if you look att you've got a pretty good Hea af what we ate spending money on. And | assume that for ull af the board members.ond the public there's no problem in looking, if Page 30 of 32somebody wants to find out, you know, every Little tidbit of information, the backups, I assum that's available, PRESIDENT FISHMAN: And, | mean one of the reasons we included it like this is because it basically is every litletidbit of information and all the various expenditure categories DIRECTOR STERN: The contribution — DIRECTOR LEICHTER: Ii certainly gives me more than a lot of budgets I see, THE CHAIR: Yes the contribution a single gift ar a series? DIRECTOR STERN: PRESIDENT FISHMAN The contribution that we are projecting is a combination of what we anticipate from Friencs of Hudson River Park as well as some additional money hat we gee this year equivals i roughly to IE CHAIR: Okay, If there are no other comments that would make people not approve this budget, (f' we enn have a Yor and then have other comments afterwanks so people can leave, DIRECTOR GOLDBERG) | nieve tha! Wwe approve the budget, MS. GORDON; I second THE CHAIR: Thank you All in fav (Choos aluyes) THE CHAIR: Opposed? (No resporse)- THE CHAIR: Motion cartes, Thank you. A vote was ther ken und the following resolution was unanimously wdopied: Page 3a 32HUDSON RIVER PARK TRUST - Approval of the FY 2009-2010 Hudson River Park Operating Budget RESOLVED, based on the materials presented at meeting, a copy of which is ordered filed with the records of the Corporation, the Directors hereby approve the FY 2009-2010 Operating Budget as presented for the period April 1, 2009 to March 31, 2010; and be it further RESOLVED, that the President or her designee(s) be, and each of them is hereby authorized to take such actions as the President or her desigice(s) may deem necessary ar appropriate in order to implement the foregoing resolution, Chair Taylor asked to Mr. Lamb, Chair of the Advisory Council to please give the Advisory Council Report, ‘The Chair also publicly thanked Mr. Lamb for his year a Chair of the Advisory Council, (See attached report) There being no further business, Chair Taylor requested a motion to adjourn, Director moved; Ms. Gordon seconded. All voted in favor and the meeting was adjourned at Respectfully submitted, NE Maryaijo Monit Page 3206 32