THE PARKING AUTHORITY OF THE CITY OF ELIZABETH, NJ AGENDA FOR THE REGULAR MEETING OF MAY 9, 2012 I. A. MEETING TO BE CALLED TO ORDER BY CHAIRMAN MARCOS L. SALERMO B. ROLL CALL - C. PUBLIC SPEAKING D. MOTION TO APPROVE AND/OR CORRECT MINUTES FOR THE APRIL 11, 2012 MEETING. II. REPORTS: A. FINANCIAL REPORTS B. MOTION TO APPROVE REPLENISHMENT OF PETTY CASH IN THE AMOUNT OF $81.73 FOR THE PERIOD OF April 1, 2012 through April 28, 2012. C. MOTION FOR PAYMENT OF OUTSTANDING BILLS LISTED IN THIS REPORT FROM THE EXECUTIVE DIRECTOR IN THE AMOUNT OF $51,384.62 FOR May 9, 2012. D. CARLA A. MAZZA EXECUTIVE DIRECTOR REPORTS III. IV. COMMUNICATIONS OLD BUSINESS V. NEW BUSINESS VI. ADJOURN 3
THE PARKING AUTHORITY OF THE CITY OF ELIZABETH The regular meeting of the Parking Authority of the City of Elizabeth, New Jersey, was held on in the Edward S. Sakowicz Administration Building at 233 Commerce Place, Elizabeth, New Jersey. The meeting was called to order at 7:00 p.m. by Vice-Chairman Jorge Lias who announced that the regular meeting is listed in the Annual Notice as defined by Chapter 231, P.L. 1975, and that copies of the Annual Notice have been mailed and/or delivered to the Newark Star Ledger, the Home News and Tribune and posted and filed in the City Clerk s office in compliance with the terms of the open Public Meeting Law Chapter 231, P.L. 1975 on December 15, 2011. I. ROLL CALL: PRESENT: Vice-Chairman Jorge Lias Commissioner Gisela Bernal Castro Commissioner Arcesio Medina Commissioner Maritza Maseda Commissioner Danielle J. Payne Attendance Roll Call 5 present Also, Counsel John B. Moriarty Executive Director Carla A. Mazza Operations Manager Carlos Alma ABSENT: Chairman Marcos L. Salermo Commissioner Sharon Gargano In compliance with the terms of the Open Public Meetings Law, Vice-Chairman Jorge Lias opened the floor to the members of the public. With no one present to speak, Vice-Chairman Jorge Lias closed that portion of the meeting. 4
II. MOTIONS: A. To approve and/or correct minutes of March 14, 2012 meeting. A motion was made by Commissioner Gisela Bernal Castro and seconded by Commissioner Danielle J. Payne. On a roll call vote, motion carried 5 ayes. B. A motion was made by Commissioner Maritza Maseda and seconded by Commissioner Danielle J. Payne to approve the replenishment of Petty Cash. On a roll call vote, motion carried 5 ayes. C. A motion was made by Commissioner Maritza Maseda and seconded by Commissioner Gisela Bernal Castro to pay the outstanding bills as reported by Executive Director Carla A. Mazza. On a roll call vote, motion carried 5 ayes. At this point in the meeting, Counsel Moriarty led a brief discussion on the status of the funding of the Elizabethtown Plaza Project. Peter D. Nissen from Acacia Financial Group, Inc. discussed the status, including a summary report of PACE financials. Also present was Parking Authority Accountant Dave Ciarrocca who updated the Commissioners on financials. 5
D.. RESOLUTION 18-2012 Bond Counsel BY THE BOARD OF COMMISSIONERS AS A WHOLE: WHEREAS, the Board Counsel has recommended an award of contract be made to McManimon & Scotland, L.L.C., Attorneys-at-Law, One Riverfront Plaza, Newark, New Jersey, to conduct Bond Counsel for the Parking Authority of the City of Elizabeth, shall provide bond counsel and legal services including, but not limited to, development of the financing plan in connection with a project. Counsel will review or draft all documents necessary to effectuate the plan, including the ordinance or the resolution establishing the Authority, if necessary, the General Bond Resolution, any Supplemental Bond Resolutions or Trust Indentures and other operative documents. In developing the plan of finance, Counsel will give advice with respect to tax law, securities law and state law consequences and will review the proposed use of bond proceeds in light of the Internal Revenue Code and the Regulations promulgated by the Treasury with regard to "Arbitrage Bonds" in order to ensure the Authority's ability to issue tax-exempt bonds. The Proposer may also be required to represent / defend the Authority and its Officers and employees, if the need arises in connection with any general bond related matters; and that an appropriate contract be executed by the proper Authority Officials for period commencing April 1, 2012 to December 31,2012; and WHEREAS, the total amount of the contract to be awarded to McManimon & Scotland, L.L.C., Attorneys at Law, at a cost pursuant to a fee schedule as follows: A. For services in which McManimon & Scotland, L.L.C., Attorneys at Law will be compensated on an hourly basis, Bond Attorneys at a rate of $260.00/hr. and Paralegals at a rate of $150.00/hr. Not to exceed $25,000.00 WHEREAS, this contract is awarded through a fair and open process in accordance with N.J.S.A. 19:44A-20.5, et seq.; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for "Professional Services" without competitive bids and the contract itself must be available for public inspection; now, therefore, be it RESOLVED by Commissioners of the Parking Authority of the City of Elizabeth as follows: 1. The Executive Director is hereby authorized and directed to execute a contract with McManimon & Scotland, L.L.C., Attorneys-at-Law, One Riverfront Plaza, Newark, New Jersey, to perform the above described services, at a cost not to exceed $25,000.00 for the fiscal year ending December 31, 2012 without the express approval of this Governing Body. 2. This contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-2(6) of the Local Public Contracts Law because the McManimon & Scotland, L.L.C., Attorneys-at-Law, One Riverfront Plaza, Newark, New Jersey, Legal Professional Services, are exempted by the provisions of the Local Public Contracts Law. 3. A notice of this action shall be printed once in The Star Ledger. 6
A motion was made by Commissioner Gisela Bernal Castro and seconded by Commissioner Danielle J. Payne. On a roll call vote, motion carried 5 ayes. E. RESOLUTION 19-2012 Real Estate Consulting Services BY THE BOARD OF COMMISSIONERS AS A WHOLE: WHEREAS, the Board Counsel has recommended an award of contract be made to Jones Lang LaSalle, 430 Madison Avenue 4 th Floor, New York, New York 10017, to provide Real Estate Consulting Services to the Parking Authority of the City of Elizabeth for the purpose of providing assistance to the Authority on acquisition, disposition and leasing of real property including but not limited to structuring, negotiating, documenting and closing acquisitions and dispositions. Assist in the negotiation and documentation of contracts and other instruments relating to potential real estate development, structuring joint ventures, ground leases and other ownership and management arrangements. Develop financial assessments and feasibility analysis relating to real property and project development. Provide assistance to the Authority with other real estate services required to facilitate projects, transactions and other related real estate work; and that an appropriate contract be executed by the proper Authority Officials for the period of April 1, 2012 to December 31, 2012; and WHEREAS, the total amount of the contract to be awarded to Jones Lang LaSalle at a cost pursuant to a fee schedule as follows: A. For services in which Jones Lang LaSalle will be compensated on an hourly basis, Managing Director and/or Executive Vice President at a rate of $300.00/hr. and Senior Analyst at a rate of $215.00/hr. not to exceed $25,000.00 and; WHEREAS, this contract is awarded through a fair and open process in accordance with N.J.S.A. 19:44A-20.5, et seq.; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for "Professional Services" without competitive bids and the contract itself must be available for public inspection; now, therefore, be it RESOLVED by Commissioners of the Parking Authority of the City of Elizabeth as follows: 1. The Executive Director is hereby authorized and directed to execute a contract with Jones Lang LaSalle, 430 Madison Avenue 4 th Floor, New York, New York 10017 to perform the above described services, at a cost not to exceed $25,000.00 for the fiscal year ending December 31, 2012 without the express approval of this Governing Body. 7
2. This contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-2(6) of the Local Public Contracts Law because the Jones Lang LaSalle, 430 Madison Avenue 4 th Floor, New York, New York 10017, Real Estate/Financial Consultants, are exempted by the provisions of the Local Public Contracts Law. 3. A notice of this action shall be printed once in The Star Ledger. A motion was made by Commissioner Maritza Maseda and seconded by Commissioner Gisela Bernal Castro. On a roll call vote, motion carried 5 ayes. F. RESOLUTION 20-2012 BY THE BOARD OF COMMISSIONERS AS A WHOLE: Authorizing a change in the 2012 monthly meeting calendar: November 14, 2012 meeting date changed to November 21, 2012 Executive Director to post Change in Star Ledger and Home News Tribune and post notice on Parking Authority website. A motion was made by Commissioner Gisela Bernal Castro and seconded by Commissioner Maritza Maseda. On a roll call vote, motion carried 5 ayes. 8
III. REPORTS: A. Executive Director, Carla A. Mazza Financial reports enclosed. Resolution to Accept Financial Reports. A motion was made by Commissioner Gisela Bernal Castro and seconded Commissioner Arcesio Medina. On a roll call vote, motion carried 5 ayes. IV Old Business V New Business There being no further business, Commissioner Gisela Bernal Castro made a motion, seconded by Commissioner Danielle J. Payne to adjourn the meeting at 7:45 P.M. On a roll call vote, motion carried 5 ayes. APPROVED: May 9, 2012 Marcos L. Salermo Chairman Carla A. Mazza Executive Director 9