d - NYCEDC.com
Transcription
d - NYCEDC.com
NYCEDC New York City Economic Development Corporation MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION June 17, 2015 A regular meeting of the Directors of New York City Economic Development Corporation ("NYCEDC") was held, pursuant to notice by an Assistant Secretary, on Wednesday, June 17, 2015, at NYCEDC's offices at 110 William Street, in Conference Rooms 4A and 4B, New York, New York. The following Directors of NYCEDC were present: Tony Barsamian (by conference telephone) Marlene Cintron (by conference telephone) Hector Cordero-Guzman Carolee Fink (as alternate for Alicia Glen) Alan B. Friedberg James McSpiritt (by conference telephone) Haeda B. Mihaltses Chima Obichere Shaifali Puri (by conference telephone) Frank C. Randazzo Mark E. Russo Michael Schlein Robert J. Strang Also present were members of NYCEDC staff and members of the public. The meeting was chaired by Michael Schlein, Chairperson of NYCEDC, and called to order at 8:37 a.m. Meredith Jones, Executive Vice President, General Counsel and Secretary of NYCEDC, served as secretary of the duly constituted meeting, at which a quorum was present. (Attached hereto as Attachment 1 is a definition sheet that contains the definitions of certain frequently used terms contained in the Exhibits attached hereto.) 1. Approval of the Minutes of the April 30, 2015 Regular Meeting of the Board of Directors There being no questions or comments with respect to the minutes of the April 30,2015 Board of Directors regular meeting, as submitted, a motion was made to approve such minutes, as submitted. Such motion was seconded and unanimously approved. 1 LDCMT-26-6152 2. Election of Interim President Kyle Kimball's last day as President of NYCEDC was June 1, 2015 and NYCEDC's Chairperson, Michael Schlein, designated Kim Vaccari, on an interim basis, to perform the duties and exercise the functions of the President of NYCEDC. Mr. Schlein proposed that Kim Vaccari, in addition to retaining her title, duties and powers as an Executive Vice President, be elected by the Board as Interim President of NYCEDC, with all the powers and duties of the President. Once Ms. Vaccari ceased to be Interim President, she would continue to be an Executive Vice President. The position of Ms. Vaccari as an officer would be conditioned upon the continuance of her employment by NYCEDC. A motion was then made to elect Kim Vaccari as Interim President of NYCEDC. Such motion was seconded and unanimously approved. 3. Election of Officers Under NYCEDC's Bylaws, the Board shall elect such Senior Vice Presidents as it may from time to time determine. At this time, Ms. Vacarri proposed that each of Cecilia Kushner, Rory Melvin and Carrie Weaver be elected as a Senior Vice President. A description of the major responsibilities of Senior Vice Presidents may be found in Article IV of the Bylaws. Ms. Kushner, Mr. Melvin and Ms. Weaver would perform such duties as may be assigned to them by NYCEDC's President or Interim President. The position of each of Cecilia Kushner, Rory Melvin and Carrie Weaver as an officer would be conditioned upon the continuance of her/his employment by NYCEDC. A motion was made to elect each of Cecilia Kushner, Rory Melvin and Carrie Weaver as a Senior Vice President of NYCEDC. Such motion was seconded and unanimously approved. Ms. Mihaltses joined the meeting at this time. 4. Budget Information Elizabeth Verostek, a Vice President of NYCEDC, presented the proposed approval of budget information about NYCEDC in the form set forth in Attachment A to Exhibit A hereto, which budget information would be submitted to certain governmental officials and a governmental office. Ms. Verostek then summarized NYCEDC's operating and capital budgets. Mr. Schlein stated that the capital budget included in Attachment A was subject to the approval of the City Council and included funds covering a number of years. The large amount of funds being provided by the City was strong evidence of the Mayor's confidence in NYCEDC. The Public Authorities Accountability Act of 2005 as amended requires NYCEDC to submit to the Mayor, the City's Comptroller, the City Council Speaker and New York State's Authorities Budget Office ("ABO") budget information on operations and capital construction setting forth the estimated receipts and expenditures for the next fiscal year and the current fiscal year, and the actual receipts and expenditures for the last 2 LDCMT·26-6152 completed fiscal year. ABO has designated the form in which the budget information is to be submitted and such form requires the inclusion of estimated information for additional years. The submission is for information purposes and the submission must be in the form submitted to NYCEDC's Directors. A motion was made to approve the budget information about NYCEDC in the form set forth in Attachment A to Exhibit A hereto. Such motion was seconded and unanimously approved. 5. Mission Statement and Measurements The 2009 Public Authorities Reform Act requires NYCEDC to annually review its mission statement and measurements by which the performance of NYCEDC and the achievement of its goals may be evaluated. Benjamin Branham, an Executive Vice President of NYCEDC, stated that, at this time, NYCEDC proposed to adopt a modified mission statement, and for Fiscal Years 2015 and 2016 to use measurements modified from those approved by NYCEDC's Board for use for Fiscal Year 2014, as set forth in Attachment A to Exhibit B hereto. Mr. Branham noted that the performance measures set forth as the last four bullets in Attachment A to Exhibit B hereto were new performance measurements and related to: average monthly ferry ridership; the number of businesses served by industry-focused programmatic initiatives; MWBE participation rate (Local Law 1); and the percentage of project employees that were reported to be earning a Living Wage or more in the previous fiscal year. Mr. Branham further stated that the only prior measurement that would no longer be used was the total value of funding disbursed in the applicable fiscal year pursuant to funding agreements. In answer to a question from Mr. Friedberg, Mr. Branham stated that the current ferry ridership was approximately 1.2 million riders per year. In answer to an additional question from Mr. Friedberg, Mr. Branham stated that the occupancy rate at NYCEDC managed properties was included in the Mayor's Management Report. Mr. Branham said that he would have to get back to him to provide him with the number. In answer to a question from Mr. Schlein, Mr. Branham stated that there are some metrics pertaining to tracking created jobs in the Mayor's Management Report. Mr. Branham further stated that NYCEDC already tracked some jobs pursuant to local laws and NYCEDC was continuing to look at ways to track jobs. Mr. Branham stated that there was a greater level of detail with regard to specific indicators reflected in the Mayor's Management Report. A motion was made to adopt the resolution set forth in Exhibit B hereto. Such motion was seconded and unanimously approved. Ms. Cintron joined the meeting at this time. 3 LDCMT·26-6152 6. Master Lease for Approximately 72 Acres of South Brooklyn Marine Terminal Patrick Thrasher, an Assistant Vice President of NYCEDC, presented a proposed master lease by the City to NYCEDC of approximately 72 acres of South Brooklyn Marine Terminal ("SBMT") (the approximately 72 acres, the "Premises"), in Sunset Park, Brooklyn, and the taking of any other actions and the execution of any other documents necessary to implement the lease and to oversee a reserve fund for local improvement projects in the neighborhood of the Premises, on substantially the terms set forth in Exhibit C hereto. Mr. Thrasher stated that, with the exception of two changes, as indicated in Exhibit C, the proposed master lease was substantially similar to the one that the Board of Directors had authorized at its November 12, 2014 meeting. In answer to questions from Mr. Russo, Mr. Thrasher stated that approximately twenty firms had expressed interest in the site and that the site currently was useable as is. Mr. Thrasher added that over the longer term there would be dredging and berth maintenance responsibilities that would be undertaken either by NYCEDC or the tenant(s) of the site, with the hope that the tenant(s) would pay for such responsibilities. In answer to a question from Mr. Schlein, Mr. Thrasher stated that NYCEDC expected to release a request for proposals ("RFP") in the Fall of 2015, to procure one or more long term tenant(s). Mr. Thrasher further noted that NYCEDC was working with the local community to ensure that the goals of the RFP are satisfactory to it. A motion was made to authorize the matters set forth for authorization in the Proposed Resolution section of Exhibit C hereto. Such motion was seconded and unanimously approved. 7. Approval With respect to the approved items set forth above, it was understood that authorization and approval of such matters included authorization for the President and other empowered officers to execute the necessary legal instruments, and for the President and other empowered officers to take such further actions as are or were necessary, desirable or required, to implement such matters substantially on the terms described above. 8. Adjournment There being no further business to come before the meeting, pursuant to a motion made, seconded and unanimously approved the meeting of the Board of Directors was adjourned at 9:00 a.m. d~)~ Assistant Secretary Dated: -J'II\. VUL 2&') 20 I 5 New York, New York 4 LDCMT-2S-61S2 Attachment 1 DEFINITIONS Apple . BAT . Bovis CDBG Apple Industrial Development Corp. Brooklyn Army Terminal . Bovis Lend Lease LMB, Inc. . Federal Community Development Block Grant CDBG-DR Funds . Federal Community Development Block Grant-Disaster funds CEQR . City Environmental Quality Review process Recovery Program City DEP . New York City Department of Environmental Protection City DOT . New York City Department of Transportation City Parks . New York City Department of Parks and Recreation City Planning . New York City Department of City Planning or City Planning Commission CM . A construction manager CM Contract . A construction management contract DCAS . New York City Department of Citywide Administrative Services EIS . Environmental Impact Statement ESDC . New York State Urban Development Corporation d/b/a Empire State Development Corporation FEMA. . Federal Emergency Management Agency FM . A facilities manager FM/CM Contract . A facilities management/construction Funding Source Agreement. . Any agreement necessary to obtain funds for the Project, including IDA Agreements HPD . New York City Department of Housing Preservation and Development management contract Hudson Meridian . Hudson Meridian Construction Group LLC Hunter Roberts . Hunter Roberts Construction Group, L.L.C. IDA . New York City Industrial Development Agency IDA Agreement.. . Agreement with IDA pursuant to which IDA retains NYCEDC to accomplish all or part of the Project and reimburses NYCEDC for the costs of the work LiRo . LiRo Program and Construction Management, PE P.C. LMDC . Lower Manhattan Development Corporation MOU . A memorandum of understanding NYCEDC . New York City Economic Development Corporation, survivor of a November 1, 2012 merger of a local development corporation (the "LDC") named New York Economic Development Corporation with and into New York City Economic Growth Corporation. References to NYCEDC prior to such merger LDCMT-26-1619 are references to the LDC. NYCHA. . New York City Housing Authority NYCLDC . New York City Land Development Corporation OMB . New York City Office of Management and Budget Port Authority . The Port Authority of New York and New Jersey RFP . Request for Proposals Sanitation . New York City Department of Sanitation SBS . New York City Department of Small Business Services SEMO . New York State Emergency Management Office SEQR . State Environmental Quality Review process Skanska . Skanska USA Building Inc. State DEC . New York State Department of Environmental Conservation State DOS . New York State Department of State State DOT . New York State Department of Transportation State Parks . New York State Office of Parks, Recreation and Historic Preservation Tishman . Tishman Construction Corporation of New York Turner . Turner Construction Company ULURP . Uniform Land Use Review Procedure LDCMT-26-1619 Exhibit A BUDGET INFORMATION Board of Directors Meeting June 17, 2015 SUBJECT: The approval and submission of budget information about NYCEDC PROPOSED RESOLUTION: To approve budget information about NYCEDC in the form attached hereto as Attachment A BACKGROUND: The Public Authorities Accountability Act of 2005 (the "Act") as amended requires NYCEDC to submit to the Mayor, the City's Comptroller, the City Council Speaker and New York State's Authorities Budget Office ("ABa"), budget information on operations and capital construction setting forth the estimated receipts . and expenditures for the next fiscal year and the current fiscal year, and the actual receipts and expenditures for the last completed fiscal year. ABa has designated the form in which the budget information is to be submitted and such form requires the inclusion of estimated information for additional years. The submission is for information purposes and the submission must be in the form submitted to NYCEDC's Directors. Attached hereto is Attachment A, which sets forth the budget information in the form in which it will be submitted pursuant to the Act. Attached hereto as Attachment B is a copy of NYCEDC's budget information set forth in its standard format. LDCMT-26-5913 ATTACHMENT A NYC ECONOMIC DEVELOPMENT CORPORATION BUDGETED REVENUES, EXPENDITURES, AND CHANGES IN CURRENT NET ASSETS Current Year (Estimated) 2015 Last Year (Actual) 2014 REVENUE & FINANCIAL SOURCES Operating Revenues Charges for services Rental & financing income Other operating revenues Nonoperating Revenues Investment earnings MuniCipalsubsidies/grants Insurance Proceeds Reimbursable Grants- Superstorm Sandy Next Year (Adopted) 2016 Proposed 2017 Proposed 2018 Proposed 2019 18,694,143 189,578,483 84,980,014 14,989,523 185,000,000 47,841,923 10,745,567 181 ,356,553 47,571,081 10,719,503 169,567,261 26,672,390 10,722,963 176,295,816 27,186,267 10,514,863 196,971,796 28,202,436 1,116,686 595,237,188 732,422 632,276,841 754,395 646,277,886 777,027 660,699,691 800,337 675,554,907 2,940,230 1,423,220 374,029,938 202,745 4,367,367 Total Revenues & Financing Sources 892,546,744 627,854,715 872,682,465 853,991,436 875,681,764 912,044,340 EXPENDITURES Operating Expenditures Salaries and wages Professional services contracts Other operating expenditures Nonoperating Expenditures Emergency repairs- Superstorm Sandy 46,341,827 666,132,303 145,016,240 48,953,923 472,728,381 118,778,553 60,557,107 725,233,039 122,842,769 63,630,856 725,533,599 106,668,844 66,885,214 734,686,094 103,556,909 70,332,421 754,874,067 109,757,076 8,042,901 1,891,736 Total Expenditures 865,533,271 642,352,593 908,632,915 895,833,299 905,128,216 934,963,564 27,013,473 (14,497,878) (35,950,450) (41 ,841 ,863) (29,446,452) (22,919,225) Excess (deficiency) of revenues and capital contributions over expenditures - ATTACHMENT B NYC ECONOMIC DEVELOPMENT CORPORATION FISCAL YEAR 2016 BUDGET FY 2014 Actual FY 2015 Budget FY 2015 Estimated Year-End Projected FY 2016 Budget Projected FY 2017 Budget Projected FY 2018 Budget Projected FY 2019 Budget REVENUES: Real Estate Sales, net Property Rentals Grants from City, State, Federal, Private Fee Income Other Income TOTAL OPERATING REVENUES 61,457,619 189,578,483 595,237,188 18,694,143 23,522,395 888,489,828 15,800,000 172,997,208 588,749,790 10,146,189 10,574,082 798,267,269 2,841,923 185,000,000 374,029,938 14,989,523 45,000,000 621,861,384 37,333,000 181,356,553 632,276,841 10,745,567 10,238,081 871,950,043 16,800,000 169,567,261 646,277,886 10,719,503 9,872,390 853,237,041 16,800,000 176,295,816 660,699,691 10,722,963 10,386,267 874,904,737 16,800,000 196,971,796 675,554,907 10,514,863 11,402,436 911,244,002 EXPENSES: Project Costs Program Costs Property Rentals & Related Operating Expenses Personnel Services Office Rent Contract and Other Expenses Other General & Admin. Exeenses TOTAL OPERATING EXPENSES 139,227,670 473,814,333 53,090,300 46,341,827 8,091,292 125,872,455 11,052,493 857,490,370 65,959,399 547,425,638 62,215,549 54,059,350 7,732,891 84,647,480 13,218,209 835,258,517 103,645,375 302,532,015 66,550,991 48,953,923 7,583,417 97,476,927 13,718,209 640,460,857 197,556,282 463,500,000 64,176,757 60,557,107 7,886,709 96,627,412 18,328,648 908,632,915 192,657,354 477,405,000 55,471,245 63,630,856 8,520,000 82,692,177 15,456,668 895,833,299 188,209,403 491,727,150 54,749,541 66,885,214 8,520,000 78,761,386 16,275,522 905,128,216 188,410,513 506,478,965 59,984,589 70,332,421 7,886,709 84,684,741 17,185,626 934,963,564 30,999,458 (36,991,247) (18,599,473) (36,682,872) (42,596,258) (30,223,479) (23,719,562) 1,116,686 707,573 1,423,220 202,745 4,367,367 (1,891,736) 732,422 754,395 777,027 800,337 OPERATING INCOME NON-OPERATING REVENUES Income from Investments Insurance Proceeds Reimbursable Grants- Superstorm Sandy Emergency repairs- Superstorm Sandy TQTAL CHAN~E IN NET ASSETS Beginning Net Assets NET ASSETS AS OF 06/30 2,940,230 (8,042,901) ---cs-------- .- - 27,Pl3;473 324,003,160 351,016,633 ft- ~" (36,283,674) . 300,054,501 263,770,827 ~ (14,497,878) 351,016,633 336,518,755 _ =-","(35,9~Q;~50F' 336,518,755 300,568,305 }"(41 ,841 ,863) 300,568,305 258,726,442 ~ ,w(2.9,446,4,52f. - '(22,919,225)~ 258,726,442 229,279,990 229,279,990 206,360,766 Exhibit B MISSION STATEMENT AND MEASUREMENTS Board of Directors Meeting June 17, 2015 WHEREAS, the 2009 Public Authorities Reform Act requires NYCEDC to annually review its mission statement and measurements by which the performance of NYCEDC and the achievement of its goals may be evaluated; and WHEREAS, NYCEDC proposes that it adopt a modified mission statement, and for Fiscal Years 2015 and 2016 use measurements modified from those approved by NYCEDC's Board for use for Fiscal Year 2014; NOW, THEREFORE, RESOLVED that the Board approves the mission statement and Fiscal Year 2015 and Fiscal Year 2016 performance measures, set forth in Attachment A LDCMT-26-5914 ATTACHMENT A Authority Mission Statement and Performance Measurements Name of Public Authority: New York City Economic Development Corporation ("NYCEDC") Public Authority's Mission Statement: The mission of NYCEDC is to realize New York City as the global model for inclusive innovation and economic growth, fueled by the diversity of its people and businesses, by strengthening the City's competitive position and facilitating investments that grow quality jobs and cultivate dynamic, resilient, livable communities throughout the five boroughs. Date Adopted: June 17, 2015 List of Performance Measurements for Fiscal Years 2015 and 2016: • Occupancy rate of NYCEDC-managed property • Total capital expenditures (other than funds provided under funding agreements) • Square footage of assets actively managed by NYCEDC • Revenue generated by NYCEDC asset portfolio • Projected new private investment related to sale/long-term lease of City-owned property • Average monthly ferry ridership • Number of businesses served by industry-focused programmatic intitiatives • MWBE Participation Rate (Local Law 1) • Percentage of project employees that were reported to be earning a Living Wage or more in the previous fiscal year LDCMT-26-5914 Exhibit C MASTER LEASE FOR APPROXIMATELY 72 ACRES OF SOUTH BROOKLYN MARINE TERMINAL Board of Directors Meeting June 17, 2015 PROJECT OVERVIEW: At its November 12, 2014 meeting, the NYCEDC Board of Directors authorized NYCEDC to enter into a master lease (the "Master Lease") with the City of New York for approximately 72 acres of the City-owned South Brooklyn Marine Terminal ("SBMT") (the approximately 72 acres, the "Premises"), in Sunset Park, Brooklyn. The Premises include three covered sheds totaling approximately 337,000 square feet, approximately 2,580,000 square feet of paved open space and a small abandoned building and approximately 1,250 linear feet of berth. The Premises are served by New York New Jersey Rail, LLC. It or another rail operator will continue to have the right to operate on the Premises. Subsequent to the November 12 approval, and after further negotiations with the City Council, it is proposed to reduce the term of the Master Lease from 49 years to a term not to exceed 39 years. In addition, a portion of revenues from the Premises will now be used for a reserve fund for local improvement projects in the neighborhood of the Premises. The other terms previously approved by the Board will remain substantially the same, and are further described below. In 2007, the City entered into a lease, as landlord, for approximately 67.25 acres of SBMT with Axis Group, Inc. ("Axis") as tenant. Axis also operated approximately 4.4 acres of adjacent public berthing area (the leased and operated area,together constitute the Premises). The lease was terminated effective June 30,2014. NYCEDC proposes to now enter into the Master Lease with the City for the Premises, which will enable NYCEDC to sublease and manage the Premises primarily for purposes of water front commerce or in furtherance of navigation ("maritime uses"). APPRAISAL: A 2014 appraisal determined that fair market rent for the Premises at its highest and best use under zoning (M3-1) is $5.51 per square foot for open space, and $7.00 per square foot for covered space. Restricting the use to maritime-dependent uses reduces the number of potential users and reduces the appraised values to $4.41 per square foot for open space and $5.60 per square foot for covered space. These appraised values include rent and dockage, wharfage and other charges. 1 LDCMT-26-5915 PURPOSE OF TRANSACTION IBENEFIT TO PUBLIC: NYCEDC's leasing of the Premises is expected to enable NYCEDC to quickly return the Premises to active maritime uses, which will help create and retain local jobs. Active use of the Premises will also enable the efficient movement of cargo at scale, resulting in reduced transportation costs to New York companies and consumers. PROPOSED REVISED TERMS AND CONDITIONS OF THE MASTER LEASE: Lessor: Lessee: The City NYCEDC Term: Not to exceed 39 years (49 years was the term previously approved) Base Rent: Base rent will equal NYCEDC's revenues from the Premises in excess of (i) all costs and expenses, other than such costs and expenses paid for using other funds provided or made available by the City, incurred by NYCEDC with regard to the operation, management, maintenance and restoration of the Premises, and (ii) five percent (5%) of the revenues remaining after payments described in (i). The amount described in (ii) will be used to fund a reserve fund for local improvement projects in the neighborhood of the Premises that it is anticipated may be overseen by NYCEDC or another entity approved by the City. This reserve fund was not mentioned at the time of the previous Board approval. Under NYCEDC's annual Amended and Restated Maritime Contract with the City (the "Maritime Contract"), NYCEDC may retain base rent to pay for certain activities and expenses related to the Maritime Contract. Real Estate Taxes and PILOT: Real estate taxes and payments in-lieu-of real estate taxes ("PILOT") will not be required to be paid by NYCEDC under the Master Lease. NYCEDC may require one or more subtenants to make PILOT payments or pay real estate taxes to the City. Use Restrictions: Under the Master Lease, the Premises will be subject to the requirements for a lease entered into by the City pursuant to Section 1301 (2)(f) of the City Charter, which limits the use of the Premises to be primarily for purposes of water front 2 LDCMT-26-5915 commerce or in furtherance of navigation. The Premises will also be subject to local zoning ordinances. Public Approvals: Pursuant to Section 1301 (2)(f) of the City Charter, the City Council approved the proposed transaction on May 27,2015. Subleases: NYCEDC plans to eventually sublease the Premises to one or more subtenants primarily for maritime uses pursuant to one or more RFPs. The subleases or pre-approved terms for subleases will be submitted to the Board of Directors for approval at a later date. NYCEDC may also grant licenses to use all or part of the Premises to temporary users for maritime or other uses including three private businesses that had sublet space from Axis and remain on their respective portions of the Premises. They had entered into licenses with the City that expired December 31,2014. In addition, a portion of the Premises most likely will continue to temporarily be used by the City DOT under an MOU among SBS, City DOT and NYCEDC. Maintenance of the Premises: It is anticipated that under the Master Lease, NYCEDC will be responsible for the maintenance (including rehabilitation work), management, operation and restoration of the Premises and placing funds in the above described reserve fund, in which event NYCEDC's monetary obligations with regard thereto will be limited to the amount of revenue received by NYCEDC from the Premises and other funds obtained from the City or retained under the Maritime Contract for the maintenance, management, operation and restoration of the Premises. PROPOSED RESOLUTION: NYCEDC PROJECT CODE: Authorization for NYCEDC to enter into a lease of the Premises from the City and to take any other actions and execute any other documents necessary to implement the lease and to oversee the reserve fund, substantially as described above 440 3 LDCMT-26-5915