HUDSON RIVER PARK TRUST APPROVED MINUTES

Transcription

1 HUDSON RIVER PARK TRUST APPROVED MINUTES Of a Meeting of the Directors Held at 3pm on January 27 th, 2011 at New York City Planning-Spector Hall 22 Reade Street New York, New York Directors Present: Robert Steel, Vice Chair, Vice Chair Adrian Benepe, NYC Parks Commissioner Pamela Frederick Lawrence B. Goldberg Jeffrey Kaplan Franz Leichter Michael E. Novogratz Joseph B. Rose Henry J. Stern Paul Ullman Rachel Gordon, Representing NYS Parks Commissioner Suzanne Mattei, Representing NYSDEC Commissioner For the Corporation: Noreen Doyle, Executive Vice-President Dan Kurtz, Executive Vice President Real Estate & Finance/ Corporate Treasurer Laurie Silberfeld, General Counsel/Corporate Secretary HRPT Staff: Marc Boddewyn David Katz James Koth Other Staff Also Present: Bob Townley, Chair HRPT Advisory Council The Public The Press

2 Vice-Chair Steel explained informed that he would be filling in for Chair Taylor, who was traveling overseas. With a quorum present, Vice-Chair Steel called the January 27 th, 2011 meeting of the Hudson River Park Trust Board of Directors to order. The first order of business was the approval of the Minutes of the December 9th, 2010 Board of Directors meeting. Vice-Chair Steel asked if there were any comments or questions. There being none, he then asked for a motion to approve. Ms. Gordon moved and Director Rose seconded the motion. A vote was then taken and the following resolution was unanimously adopted: HUDSON RIVER PARK TRUST - Approval of Minutes, and Ratification of the Actions Taken at the December 9, 2010 Meeting of the Directors of Hudson River Park Trust RESOLVED, that the Minutes of the Meeting of the Hudson River Park Trust Board of Directors held on December 9, 2010 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, and copies of such approved Minutes are hereby ordered filed with the records of the Corporation. ****** Vice-Chair Steel asked Ms. Doyle to present the next item before the board, the approval to contract with the United Elevator of New Jersey for Pier 26 Boathouse-Cafe Building, elevator construction work. Ms. Doyle stated that the Segment 3 design team of Mathews Nielsen Landscape Architects has completed their documents for the Pier 26 Boathouse-Cafe concession building. Construction began on the building late last year. The proposed contract will provide for an elevator at the new Pier 26 building to allow access to the planned public rooftop deck. Construction will include a new elevator cab with finishes, elevator motor and pump,

3 instrumentation and controls and other finish work as required. This is the final contract needed to complete the Pier 26 building. Four other contracts were previously authorized by the Board. The Pier 26 general construction contract was awarded in September 2010 and the related Wicks contracts for plumbing, electrical and mechanical construction were awarded in December Work at the Pier 26 Boathouse Cafe building is scheduled to be completed in time to allow occupancy by building tenants in spring The contract work for the elevator was advertised and bid in accordance with our procurement guidelines. The work was advertised and bid as a lump-sum contract for all work. A total of nine firms responded to the advertisement and picked up bid packages. A prebid meeting was held on January 19th. One bid was submitted and publicly opened on January 25th. The bid was for $195,330 from United Elevator of New Jersey. A committee comprised of HRPT design and construction staff, together with our Segment 3 construction manager, Turner Construction Company, evaluated the bid proposal with regard to the submission of required bonding, a preliminary construction schedule, administrative and project personnel listing, source and material supply listings, and other factors as listed in the board materials. Based on this evaluation, United Elevator of New Jersey was determined to be a qualified and responsive bidder for the proposed work. Reference and background checks of United Elevator of New Jersey were done and found to be supportive. In view of the fact that we received only one bid, staff subsequently met with Turner to consider whether, despite the qualified bid, the work should be re-bid. The Trust concluded that none of the upcoming contracts was an appropriate vehicle for incorporating an elevator component and also that a delay would likely affect the building's opening date. Most compelling, the Trust determined that the bid proposal by United Elevator of New Jersey was in

4 close conformance with the cost estimate provided by Segment 3 construction managers prior to any bidding. As a result, the Trust recommended awarding the contract to United Elevator of New Jersey, contingent upon a satisfactory determination of vendor responsibility under VENDEX. Accordingly, Trust staff hereby requests authorization to contract with United Elevator of New Jersey for the Pier 26 building elevator construction work for a total contract amount of $195,330, plus a ten percent contingency for a total not to exceed Board authorization of $214,863. A brief discussion followed focusing on the reason why only one bid was submitted. Ms. Doyle attributed the lack of bids to a combination of factors, including that elevator work is often included as subcontract to an overall general construction contract as opposed to a stand-alone contract; the small size of the contract, waterfront zoning requirements, and the lack of floors the elevator would service. Vice-Chair Steel asked if there were any additional comments or questions. There being none, he then asked for a motion to approve, Director Rose moved and Ms. Gordon seconded, the motion passed unanimously. HUDSON RIVER PARK TRUST -Authorization for Hudson River Park Trust to Contract with United Elevator of New Jersey for the Pier 26 building elevator construction work for a total not to exceed contract authorization of $214, 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 United Elevator of New Jersey for a total not to exceed contract authorization of $214, for the Pier 26 building elevator construction work. RESOLVED, that the President or her designee(s) be, and each of them is hereby authorized to take such actions as the Chair or her designee(s) may deem necessary or appropriate in order to implement the foregoing resolution. *****

5 Vice-Chair Steel asked Ms. Doyle to present the next item before the Board, a request for approval to amend the contract with Skanska USA for construction management services in connection with Pier 97 construction. Ms. Doyle stated that the Segment 7 design team is developing construction documents for the reconstruction of the piles and platform structure for Pier 97. The construction schedule anticipates installing the piles during this year's pile driving season and constructing the pier's marine platform in Over the next two years the Trust will also be working on the design and possibly some construction of Pier 97's and nearby areas' upland finishes. The Pier 97 demolition contract was approved in December 2010 with demolition scheduled to begin as soon as the Department of Sanitation vacates the existing pier, likely within the next two to three weeks. Following demolition, the first phase of new marine work, installation of new marine piles, is scheduled to start in late spring To advance the construction documents for work necessary to complete Pier 97, as well as oversee Pier 97 demolition and future construction work, staff seeks to amend the existing construction management contract for Segment 7 with Skanska USA. Skanska was selected for the Segment 7 construction management services in 2003 following a competitive bidding process in accordance with the Trust procurement requirements. Skanska has since functioned as the construction manager for other Segment 7 development work, including at Clinton Cove and the Pier 96 Boathouse. However, their original scope of work did not include services related to Pier 97 given the uncertain funding and date of construction for that pier. Trust staff proposes amending the existing 2003 contract to add the proposed scope of work and related contract amount associated with the marine construction of Pier 97 through completion, as well as all pre-construction or construction services associated with Pier 97

6 upland and other nearby upland work for which funding is available prior to December Due to Skanska's previous experience in Segment 7 and elsewhere in the park, staff was able to negotiate a fair and reasonable price for the proposed Pier 97 work on a lump sum basis. As was originally the case when the 2003 Skanska contract was awarded, the construction management budget for the new scope in Segment 7 remains at approximately six percent of the overall projected capital cost. Accordingly, staff hereby requests authorization to amend the scope of work and contract amount with Skanska USA to include construction management services for Pier 97 for an additional amount of $1,088,293, plus a ten percent contingency for a total not to exceed board amendment authorization of $1,197,123. Director Leichter inquired about the six percent contract amount based on the overall projected capital cost since Pier 97 did not yet have a design. Ms. Doyle explained that the contract was based on the preliminary design for which cost estimates were done originally. If the Trust did not have those designs, the marine construction design would not have been able to move forward. The upland finishes may vary to a small degree. We might swap out a dog run for something else and things like that. But the basic concept of the design is known enough to provide a sense of a cost of estimate. Director Leichter asked if Ms. Doyle felt that the six percent figure was reasonable. Ms. Doyle responded in the affirmative, suggesting that typical construction management fees for an average project would be about ten percent. Director Stern stated that the Trust estimates the total cost of the project at $17-18 million. Ms. Doyle said that was the cost for the marine construction alone, which is roughly the average rate for a large pier.

7 Director Ullman inquired about the quality of work and working relationship between Skanska and the Trust. Ms. Doyle stated that the Trust has a very high level of satisfaction with Skanska s performance. Vice-Chair Steel asked if there were any additional comments or questions. There being none, he then asked for a motion to approve, Director Stern moved and Director Rose seconded, the motion passed unanimously. HUDSON RIVER PARK TRUST - Authorization for Hudson River Park Trust to amend the scope of work and contract amount with Skanska USA Building to include Construction Management services for Pier 97 for a total not to exceed board amendment authorization of $1,197, 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 the amend the contract with Skanska USA Building to include Construction Management services for Pier 97 for a total not to exceed board amendment authorization of $1,197,123.00; 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 Chair or her designee(s) may deem necessary or appropriate in order to implement the foregoing resolution. ***** Vice-Chair Steel asked Ms. Doyle to present the next item before the Board, a request for approval to amend the contract with Mathews Nielsen Landscape Architects, PC, for Segment 3 architectural and construction administrative services. Ms. Doyle stated that subsequent to the opening of the new park section from Chambers to N. Moore Street, including Pier 25, in November 2010, the Segment 3 design team of Mathews Nielsen Landscape Architects began moving ahead with construction documents for

8 the upland area between N. Moore Street and Laight Street, including areas immediately adjacent to the new Pier 26 Boathouse Cafe building. To continue support for this work, the Trust seeks authorization to further amend the contract with Mathews Nielsen Landscape Architects for Segment 3 architect of record services. This team, which includes Halcrow Engineers, Weidlinger Associates, Wesler Cohen Associates and Weisz + Yoes Architects, provides all of the necessary architectural, landscape architectural and engineering and design and construction administration services associated with the development of the park in Segment 3. The contract was previously amended in December 2008 to provide funds for contract administration services for the Chambers Street to N. Moore Street, including Pier 25, upland and building construction, as well as to provide for the additional design services needed for the Pier 26 Boathouse Cafe building. As noted in staff's December 2008 contract amendment request, the overall project schedule for this phase of Tribeca construction was originally expected to be completed by the end of 2010 and the 2008 amendment was priced accordingly. However, completion of the design work and preparation of construction packages has taken longer than originally anticipated owing primarily to the redesign process for the Pier 26 Boathouse, as well as the complex utility design and installation issues associated with Pier 25 historic vessel docking, the sanitary pump and floating pier structure on the south side of the pier, and water supply and display fountain engineering for the miniature golf course. The Trust now expects that the overall project schedule for design and upland construction in Tribeca will extend through the end of 2012, excluding the Pier 26 estuary and surrounding sections of the pier.

9 To cover staffing needs for this longer period, Trust staff is requesting a two-year amendment to Mathew Nielsen's contract with an additional one-year renewal option, at the Trust's discretion, in the amount of $218,967. As with the current contract, the amendment would be structured as a lump-sum fee accounting for all design and construction administration services and including a cost of living increase for the current Segment 3 team members. Staff was successful in negotiating the amendment price down significantly, chiefly by working with the design team to confirm that no change in scope was anticipated. Based on the foregoing, Trust staff hereby request authorization to amend the Segment 3 architect of record services contract with Mathews Nielsen Landscape Architects, for two years plus a one-year renewal option in the amount of $218,967, for a total not to exceed contract amount to date of $4,489,997. Director Stern asked if Mathews Nielsen was one of the firms whose principals was recently involved in cutting down trees. Ms. Doyle responded that she d be very surprised if they were involved in tree-cutting. She cited her personal experience with Sidney Nielsen, the principal, referring to her as a treelover. Director Leichter inquired about this contract being funded out of the money the Trust received from Lower Manhattan Development. Ms. Doyle responded in the negative, this contract is funded through State and City funding; the Trust has expended the LMDC funding. A brief discussion ensued about the LMDC funding and upland park construction. Ms. Doyle said that the LMDC funds were used building the Pier 25 section that opened in November. The Trust has a pending application for future LMDC funding in this geographic

10 area. Director Frederick asked if the pending LMDC funding request is not realized, is there an opportunity to provide an interim use on Pier 26 or at least a better connection between the completed park sections in Tribeca (Pier 25 and the upland area north of Pier 26). Ms. Doyle explained that without undertaking anything elaborate, providing a better connection than what is there now could be done. The Trust currently has all of the designs and construction documents for the upland section that need to be reviewed by the Trust design staff and Turner Construction. Once the designs are reviewed they can be submitted for bids. Vice-Chair Steel asked if there were any additional comments or questions. There being none, he then asked for a motion to approve, Ms. Gordon moved and Director Rose seconded, the motion passed unanimously. HUDSON RIVER PARK TRUST - Authorization for Hudson River Park Trust to amend the Segment 3 architect of record services contract with Mathews Nielsen Landscape Architects, for two years plus a one-year renewal option in the amount of $218,967, for a total not to exceed contract amount to date of $4,489,997. 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 the Segment 3 architect of record services contract with Mathews Nielsen Landscape Architects, for two years plus a one-year renewal option in the amount of $218,967, for a total not to exceed contract amount to date of $4,489,997. RESOLVED, that the President or her designee(s) be, and each of them is hereby authorized to take such actions as the Chair or her designee(s) may deem necessary or appropriate in order to implement the foregoing resolution. ***** Vice-Chair Steel asked Ms. Doyle to present the next item before the Board, a request for approval to amend the contract with Materials Testing Laboratory, Inc., for park wide testing services in connection with the Segment 3 construction work.

11 Ms. Doyle stated that the ongoing construction of Hudson River Park, the Trust requires the continued services of an inspection inspections and quality control tests on an as-needed basis. In June 2006, the Trust contracted with Materials Testing Laboratory, Inc., following a competitive bidding process and Board approval. The initial authorization was for $132,000. In January 2008 and again in December 2009, the Board authorized contract amendments to the Materials Testing Laboratory contract of $297,600 and $247,500, respectively, to allow for continued services as construction progressed in Segments 3 and 5. However, the amendments did not account for services associated with the redevelopment of Pier 53's new marine and firehouse structures (in Segment 5), which are subject to the Fire Department reimbursement agreement, the startup of work in Segment 3 at the Pier 26 Boathouse Cafe building or the construction of the new Pier 97 (Segment 7). The requested amount $225,000, plus a ten percent contingency of $22,500 is projected to cover the supporting testing work needed to support such construction in all three areas. Any additional construction planned in future areas of the park will be the subject of separate Board requests in the future when funding for such elements is in place. Accordingly, Ms. Doyle requested authorization to amend the contract with Materials Testing Laboratory, Inc., in an additional amount of $225,000, plus a ten percent contingency of $22,500, for a total not to exceed contract total to date of $924,660 for providing park wide testing and inspection services. Vice-Chair Steel asked if there were any additional comments or questions. Director Stern asked what sort of materials needed to be tested within the park. Ms. Doyle responded that it was primarily concrete and rebar. She referenced a recent New York City scandal which found a major inspection company falsified inspection reports,

12 violating the appropriate specifications and standards requirements for concrete structures. Materials Testing Laboratory, Inc. has a proven track record and has never been named as a party of concern. Director Goldberg asked if there was a process established for the Trust to test the tester. Mr. Boddewyn informed the board that the testing lab has its own independent professional engineer. The Trust has a project manager and construction manager review their reports before the Trust signs off on any payments. There are checks and balances in terms of reading their reports. They're read and compared to the contract specs before they're processed. Director Goldberg stated that there have been well documented instances of inspection fraud in the media and that it is not a bad idea to have a program in place to test the tester. Periodic independent verification confirmation of our contractor s testing may be something the Trust should consider. Vice-Chair Steel asked if there were any questions or additional comments. There being none, he stated that the Board would proceed with the motion as presented with a suggestion from the Board that Staff also evaluate the prospect of having additional second opinions in a more random, episodic way just to quote "check the checkers." That will be evaluated and reported back to the Board at the next meeting. Chair Taylor asked if there were any additional comments or questions. Vice-Chair Steel then asked for a motion to approve, Director Goldberg moved and Director Frederick seconded, the motion passed unanimously. HUDSON RIVER PARK TRUST -Authorization for Hudson River Park Trust to Amend the Contract with Materials Testing Laboratory Inc. for Parkwide Testing and Inspection Services for an additional amount of $247, for a total not to exceed contract amount to date of $924,

13 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 Materials Testing Laboratory Inc. for a total not to exceed contract amount to date of $924,660.00; 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 Chair or her designee(s) may deem necessary or appropriate in order to implement the foregoing resolution. ***** Vice-Chair Steel asked Ms. Doyle to present the next item before the Board, a request for approval to contract with Marquee Productions for RiverRocks Concert Production Services. Ms. Doyle stated that for the past ten years the Trust's summer program has included a concert series known as RiverRocks, which has proven to be very popular and has become a key component of the park's annual events calendar. To ensure a high quality of the professionally executed event series, the Trust works with a concert producer to assist and manage all aspects of the production. In anticipation of the upcoming 2011 summer season, staff issued a Request for Proposals last fall and in accordance with the Trust procurement guidelines. In addition to a proposed fee, submitters were asked to document at least three examples of experience providing large scale production management and marketing services. They were also required to demonstrate financial strength and good commercial credit and provide strong references from previous experience with the Trust, the City or State of New York, or with other comparable organizations in New York City. Two responses were received on December 6th, A committee of Trust staff evaluated the responses and found both of the submissions to be responsive. The two responsive proposals came in at $171,000, Marquee Concerts and $756,000 Mirrorball Group, LLC for the three-show concert series. After discussions with both

14 submitters, staff determined that Marquee Concerts most successfully demonstrated the necessary experience, the most favorable financial terms and best met the needs of the Trust. Marquee has had a positive relationship with the Trust over the course of the past three years as the current producer of the RiverRocks concert series. During that time, they have been integral to the growth and both the popularity of the events themselves and the strengthening of the overall RiverRocks brand. Subsequent to the receipt of the bids, the Trust was able to obtain an $8,500 reduction in the proposed fee for year one. The proposed contract provides for optional renewals at the Trust's discretion for years 2, 3 and 4 and an increase of two percent annually for each of those years. Accordingly, staff requests authorization to contract with Marquee Concerts for the RiverRocks concert production services for a one year term in the amount of $162,500 for year one of the contract. The renewal option provision will provide the Trust with three one-year options to renew the contract at the Trust's sole discretion at the current price, plus a two percent annual increase which would translate to $165,750 in year two, $169,065 in year three, and $172,446 in year four. Vice-Chair Steel thanked Ms. Doyle and asked if there were any questions or comments. Ms. Gordon asked if this contract was for three shows and if there was any revenue derived from these shows. Ms. Doyle answered that this contract was indeed for three shows and some revenue is derived both through sponsorships that Marquee brings in, other sponsorships which the Trust obtained directly and through beer sales at the concerts. Ms. Gordon asked if Marquee obtained the sponsorship and keeps all of the proceeds, or if the Trust takes some of it.

15 Mr. Katz answered that if the Trust sells the sponsorship, the Trust keeps 100 percent of the proceeds from that partnership. If Marquee sells a sponsorship proceeds are split with the Trust; and the same with proceeds from beverage sales at the event. However, there are additional costs to producing the shows other than the fee to them such as equipment, talent, flyers and et cetera, all of which is included in the contract price. Director Stern asked about the disparity between the two bids received, one being around $160,000 and the other nearly $750,000. Ms. Doyle answered that the higher bid included unrequested bells and whistles. After reanalyzing the higher bid without the ornamental elements, it was still substantially higher than Marquee s bid, owing to a higher requested management fee as well as higher talent costs. Director Ullman asked how many people attend the RiverRocks concert. Ms. Doyle responded, that approximately 5,000 for each show, which is the maximum allowed on Pier 54. A detailed discussion followed covering weather, talent compensation, offsetting revenue, sponsorships, maintenance costs, additional staffing requirements, and other issues. Vice-Chair Steel asked if there were any additional comments or questions. There being none, he then asked for a motion to approve, Ms. Gordon moved and Director Goldberg seconded, the motion passed unanimously. HUDSON RIVER PARK TRUST -Authorization for Hudson River Park Trust authorization to contract with Marquee Concerts for the RiverRocks concert production services for a one-year term with 3 one-year renewal options in the amount of $162,500 for year one of the contract. The renewal option provision will provide the Trust with three one-year options to renew, at its discretion, at the current price plus a two percent annual increase. (If executed, Year Two renewal equals $165,750, Year Three renewal equals $169,065 and Year Four renewal equals $172,446).

16 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 Marquee Concerts for the RiverRocks concert production services for a one-year term with 3 one-year renewal options in the amount of $162,500 for year one of the contract; 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 Chair or her designee(s) may deem necessary or appropriate in order to implement the foregoing resolution. ***** Vice-Chair Steel asked Ms. Doyle to present the next item before the Board, a request to accept and confirm the appointment of the Christopher Street Patrol, Transportation Alternatives and the Village Community Boathouse as three new community member organizations to the Hudson River Park Advisory Council. Ms. Doyle stated that Section 15 of the Hudson River Park Act creates the Hudson River Park Advisory Council and directs the appointment of local community, park, environmental, civic, labor and business organizations and elected officials representing communities surrounding the park as members of the council. The Advisory Council bylaws require Trust confirmation of any new Advisory Council appointee. At its meeting on October 28th, 2010, following an outreach and application process conducted by the Advisory Council membership committee, pursuant to its bylaws, and interviews conducted by the Advisory Council's general membership, the members of the Advisory Council voted to nominate the Christopher Street Patrol, Transportation Alternatives and Village Community Boathouse as new members to the Council. Each organization has long ties to and a history of advocacy for the park and its users. Chair Bob Townley advised that such organizations will replace the Battery Park City Neighbors Association, Municipal Arts Society and New York Building Congress. The Advisory Council seeks the Trust for confirmation for its

17 proposed council member appointments. The directors are hereby requested to confirm appointment of such members to the Board of the Hudson River Park Advisory Council. Vice-Chair Steel asked if there were any questions or comments. There was a brief discussion of the various group s identity and community contributions. Vice-Chair Steel asked if there were any additional comments or questions. There being none, he then asked for a motion to accept, Director Rose moved and Director Goldberg seconded, the motion passed unanimously. HUDSON RIVER PARK TRUST Acceptance and Confirmation of the Appointment of the Christopher Street Patrol, Transportation Alternatives and Village Community Boathouse as Community Members of the Hudson River Park Advisory Council 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 confirm the appointment of the Christopher Street Patrol, Transportation Alternatives and Village Community Boathouse as Community Members of the Hudson River Park Advisory Council; 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 Chair or her designee(s) may deem necessary or appropriate in order to implement the foregoing resolution. ***** Vice-Chair Steel presented the next item before the Board, a request for Board approval to appoint Noreen Doyle as Acting President. He explained that Connie Fishman announced her retirement and departure from the Trust and a search is underway for a new Trust president. In the interim, to ensure a seamless transition and continued operations, the Board is hereby requested to approve the appointment of Noreen Doyle as Acting President of the Hudson River Park Trust effective upon President Fishman's formal departure on February 16th, Noreen

18 Doyle has worked for the Trust as its Executive Vice President for the past seven years. Like Ms. Fishman, Noreen has played a key role in all aspects of the planning, development and operation of the Hudson River Park and of the Trust and she has a broad understanding of the Hudson River Park Act. Noreen Doyle is widely respected for her ability to work with others on issues that confront the Trust and its Board of Directors concerning park design, maintenance, community relations, budgeting, park programming and staff relations. Under her leadership, the Trust will continue its commitment to excellence and the further implementation of the Hudson River Park. Accordingly, the Directors today are hereby requested to appoint Ms. Doyle as Acting President of the Hudson River Park Trust effective upon Ms. Fishman's retirement. Vice-Chair Steel asked if there were any comments or questions. Several directors expressed their pleasure towards Ms. Doyle s hard work and effort on behalf of the Trust. Vice-Chair Steel asked if there were any additional comments or questions. There being none, he then asked for a motion to appoint Ms. Doyle as Acting President, Director Rose moved and Director Frederick seconded, the motion passed unanimously. HUDSON RIVER PARK TRUST - Appointment of Noreen Doyle as Acting President of Hudson River Park Trust 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 confirm appointment of Noreen Doyle as the Trust s Acting President effective immediately upon the formal retirement and departure of Connie Fishman; 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 Chair or her designee(s) may deem necessary or appropriate in order to implement the foregoing resolution. *****

19 Vice-Chair Steel asked Ms. Doyle to present the President s report. Ms. Doyle stated that the Trust is currently conducting two solicitations related to boating. At Pier 25, the Trust is soliciting proposals for historic vessel docking and programming consistent with the long established goal of incorporating design and program elements that recall and interpret the Park's rich maritime history. The Trust s objective is to attract experience vessel owners and operators with a solid background, operating and maintaining qualified historic vessels as well as providing high quality maritime recreational or educational programming or other amenities that enhance Pier 25, surrounding portions of Hudson River Park and Tribeca overall. The Trust s ads have been getting some good press including "The New York Post." HRPT is hopeful to receive a number of applications by the February 7th deadline. In addition to the solicitation regarding historic vessels, the Trust also issued a separate RFP for an experienced operator of excursion, dinner or charter vessels to dock along a portion of the north side of Pier 40. The RFP offers a term of 11 months in order to allow the Trust to issue a comprehensive RFP for docking along the north side of Pier 40 next year once the Fire Department is able to relocate back to the completed Pier 53. A portion of the berth offered under this RFP is currently occupied by the historic steamship Lilac, a vessel that could be eligible to dock at Pier 25 as a historic vessel if it submits a qualifying application. Also at Pier 40, the Trust is working with Harvest Home Farmers' Market, an East Harlem-based nonprofit to bring a weekend farmer's market to Pier 40 beginning in May. The idea originated with the Greenwich Village community. In Chelsea, replacement of the field surface and fence at Chelsea Waterside Park is complete. The Trust would like to offer a special thanks to City Council Speaker Christine

20 Quinn and her office and to City Parks staff for securing and administering the funding for such work. As soon as the snow clears the field should be ready for use. Speaking of snow, Ms. Doyle acknowledged the effort that everyone made to get to the Board meeting despite the inclement weather. She also thanked the Trust s maintenance and operations department for their tremendous efforts and hard work with respect to this year's many snow removal operations. She was told that the unofficial Hudson River Park accumulation for last night's storm was 19 inches. The Trust often receives compliments from the public about the speed and the effectiveness of our snow clearing efforts and all the credit in this case to the Trust s fabulous staff led by Jim Koth and Debra Kustka. Ms. Benepe asked if the Trust is removes snow from the Route 9A bike path as well. Ms. Doyle answered in the affirmative. Director Rose asked if the State reimburses the Trust for clearing on the bike path. Ms. Doyle stated that the snow removal is a part of the maintenance agreement between HRPT and NYSDOT. Next Ms. Doyle reported that the Trust staff continues to actively work with Young Woo & Associates on the beginning stages of the environmental review process for Pier 57. Since the last Board meeting, the Trust has had two meetings of the Pier 57 advisory working group and have also met with several State and City agencies that will have a role in reviewing and approving actions related to the pier. Young Woo continues to speak with perspective tenants and both they and the Trust are enthusiastic about the prospect of a cooking school being located on the pier, among other uses.

21 As we previously advised over the course of the past couple of years, staff has been negotiating the terms of a new lease with Con Edison to replace their 1959 lease and allow for their continued use of Pier 98 as a fuel transfer facility. HRPT is pleased to report that we are wrapping up the last remaining drafting issues and expect to put the proposed lease out for review and comment by the public early next month. The State Comptroller will also be reviewing the lease in accordance with our enabling legislation and the Public Authorities Law requirements. Following completion of that process, the Trust anticipates bringing the proposed leaders to the Board for its approval in late spring. Ms. Doyle acknowledged Connie Fishman's enormous contributions to the park and to the park family during her seven years as president, her four years as executive vice president, and her previous tenure overseeing early stages of park planning when she worked at City Hall. The Trust is planning an appropriate farewell gathering during which everyone who loves Connie will be able to thank her in person for all that she's done to make the park one of the most special places in New York. In the meantime and for the record, I'd like to thank her on behalf of the Trust staff for her intelligence, perspective, resolve, sense of humor and unfailing ability to remain calm in the face of every possible storm. The park is where it is in very large measure because of her. Vice-Chair Steel asked if there were any additional comments or questions. Director Rose asked about where things stand regarding the actual business transaction for the Pier 57 project. Ms. Doyle informed that the Trust is in the MOU period. The Trust is drafting lease terms, but cannot enter in the lease until the end of the entire environmental review process,

22 including ULURP. From a business perspective we're advancing but the business side and the environmental side simultaneously. Director Rose asked if the Trust was on schedule compared to the initial time line. Ms. Doyle said that the Trust is probably a couple of months off in terms of issuing the draft scoping document. This delay is a result of the continued back and forth questions between parties. The environmental consultants are asking questions about programming if there's a cooking school, when the traffic is going to be there, parking issues, et cetera. There's a lot of that kind of detail being flushed out right now. The Trust had meetings with City Planning and with State Department of Transportation. HRPT has been talking about traffic access plans and will meet with City DOT to try to pre-vet questions. Director Stern inquired about the square footage of the cooking school. Ms. Doyle responded that it would be approximately 50-60,000 square feet. Vice-Chair Steel thanked Ms. Doyle for her report and asked Bob Townley, the Hudson River Park Advisory Council Chair, to present his report before the Board. Mr. Townley informed the Board that the Advisory Council had a relatively short meeting in December; half of it was taken up by their community party. The Advisory Council is working on an outreach plan in the park to submit to the staff of the Trust which would include locating kiosks in the park. The kiosks would begin in the Tribeca section of the park and move up to the Chelsea section, staffed with maybe some seasonal staff and volunteers in the park. The council hopes to have this established and operational within the year. Mr. Townley also reported that the Advisory Council has had continued discussions on combined sewer outfalls in the park. They will be also developing some sort of proposal and advocacy plan on that issue. Mr. Townley asked if there were any questions or comments.

23 Director Frederick expressed her approval of the volunteer kiosks. She noted that the High Line has volunteer staff walking around it; having uniformed park docents would be a nice idea. Director Goldberg asked about the kind of kiosks the Advisory Council had in mind. Mr. Townley stated that there is a building next to the skate park that is not used, it is currently listed as a storage section. It is in an ideal location and serves as a sort of a gateway to the park if you just eliminate Battery Park City. The Council thought that would be one of the kiosks. However, they haven't yet decided if the other kiosks are fixed kiosks or temporary. Commissioner Benepe informed the Board that there is a program run at City Parks Department with volunteers who get special training and are designated park greeters. These volunteers wear special polo shirts and friendly colored hats. They're there to give out litter bags and help encourage people to picnic, where they should picnic and other helpful park tips -- and there are lots of people who enjoy having a semi-official park role. Mr. Townley thanked Commissioner Benepe and welcomed any insight as the kiosk development progressed. Vice-Chair Steel asked if there were any other questions, there being none, he thanked the Board. There being no further business, Vice-Chair Steel requested a motion to adjourn. Director Rose moved to adjourn, Ms. Gordon seconded. All voted in favor and the meeting was adjourned at 4:02 p.m. Respectfully submitted, Laurie Silberfeld

24