Resolutions Passed on March 24, 2010

Number:  09-70 

Name: Dr. Richard Cerniak

Submitted by:  Manny Torres

Seconded by  Bill Gordon 

WHEREAS, Dr. Richard Cerniak has requested a lease from Riverbay Corporation for the premises at 100 Elgar Place, Bronx, New York, to be used as a doctor’s office for the practice of internal medicine; and
WHEREAS, the term of the lease and annual rental rates are within the provisions of Resolution #85-16 as amended by Resolution #95-44;
NOW, THEREFORE, BE IT RESOLVED, that the lease agreement for the premises at 100 Elgar Place, Bronx, New York, by and between Riverbay Corporation, Owner, and Dr. Richard Cherniak, Tenant, containing the terms as negotiated by Riverbay Corporation’s management is hereby approved as submitted by management in accordance with Resolution #85-16 as amended by Resolution #95-44; and be it FURTHER RESOLVED, that the President of the Corporation is authorized to sign the lease agreement and related documents on behalf of Riverbay Corporation.

YES: Bailey, Davy, Gordon, Illis, F. Jones, O. Jones, Leslie, Morales, Rodriguez, Santiago, Torres, Wahhab
ABSENT: Atkins, Owens, Shapiro

 

Number:  09-71

Name:  Kennedy Fried Chicken

Submitted by:  Manny Torres 

Seconded by:  Bill Gordon 

WHEREAS, A & S Fast Food, Inc. d/b/a Kennedy Fried Chicken has requested a lease from Riverbay Corporation for the premises at 157 Dreiser Loop, Bronx, New York, to be used for sale of chicken, ribs, steak, hot dogs, hamburgers, ice cream, Spanish food, beverages including beer and wine; and
WHEREAS, A & S Fast Food, Inc. d/b/a Kennedy Fried Chicken has requested a ten year lease with a five year renewal option; and
WHEREAS, the term of the lease and annual rental rates are within the provisions of Resolution #85-16 as amended by Resolution #95-44;
NOW, THEREFORE, BE IT RESOLVED, that the lease agreement for the premises at 157 Dreiser Loop, Bronx, New York, by and between Riverbay Corporation, Owner, and A & S Fast Food, Inc. d/b/a Kennedy Fried Chicken, Tenant, containing the terms as negotiated by Riverbay Corporation’s management is hereby approved as submitted by management in accordance with Resolution #85-16 as amended by Resolution #95-44; and be it
FURTHER RESOLVED, that the President of the Corporation is authorized to sign the lease agreement and related documents on behalf of Riverbay Corporation.

YES: Bailey, Davy, Gordon, Illis, F. Jones, O. Jones, Leslie, Morales, Rodriguez, Santiago, Torres, Wahhab
ABSENT: Atkins, Owens, Shapiro

 

Number:  10-16 

Name: New York Electrical Power Services

Submitted by:  Khalil Abdul-Wahhab 

Seconded by:  Leticia Morales 
& Bill Gordon 

WHEREAS, New York Electrical Power Services is doing work under Contract 2443, Install Wiring and Various Components for 4 Feeders at Switchyard; and 
WHEREAS, a Change Order One (1) is requested for additional work to install relays and to connect the switchgear to the Digital Control System (DCS). Theses changes were requested by Con Edison. There is also work to be done on the Cogeneration project requested by Fresh Meadows Mechanical Corporation (FMMC); and
WHEREAS, the FMMC work is about $58, 410.00 of the bill and will be back billed to FMMC. This work includes certifying relays on the two (2) gas turbines and the steam turbine. It also includes a repair to the Combustion Turbine Generator (CTG) wiring and the last item was assisting the FMMC technician with connection to the switchgear; and 
WHEREAS, the remaining $335, 682.50 is for Con Edison’s request for adding a Systems Operations Computer Control System (SOCCS) to the DCS. The SOCCS is a system Con Edison uses to monitor electrical generation, such as megawatts, megavars, voltage, hertz and power factor in real time. ; and 
WHEREAS, the Project Manager is in agreement. (See attached from Project Manager dated 2/4/10)
NOW THEREFORE, LET IT BE RESOLVED: that the proposed Change Order One (1) to Contract 2443 with New York Electrical Power Services for a total additional cost of $394, 092.50 as outlined above be approved as submitted by Management in accordance with Board of Directors Resolution #85-16 and amended by Board of Directors Resolution 95-44 and the President is hereby authorized to execute the contract and Management is authorized to take all steps necessary to make this action effective.

YES: Bailey, Davy, Gordon, Illis, O. Jones, Morales, Rodriguez, Santiago, Wahhab
NO: Leslie
ABSTAIN: F. Jones
ABSENT FOR VOTE: Torres
ABSENT: Atkins, Owens, Shapiro 

 

Number:  10-18 

Name: Asbestos Abatement  

Submitted by:  Bill Gordon

Seconded by:  Othelia Jones

WHEREAS, the Contracts Department sent out twenty (20) requests for proposals for Bid #2560, Asbestos Abatement (Flooring); and 
WHEREAS, we received eight (8) proposals; and
WHEREAS, bids were reviewed in detail by the Project Managers and;
WHEREAS, the Project Managers conclude CAC of NY, Inc. is the lowest responsible bidder (Recommendations attached).
NOW THEREFORE, LET IT BE RESOLVED: that the proposed contract 2560 with CAC of NY, Inc. at a not to exceed cost of $8,000,000 over two (2) years be approved as submitted by Management in accordance with Board of Directors Resolution #85-16 and amended by Board of Directors Resolution #95-44 and the President is hereby authorized to execute the contract and Management is authorized to take all steps necessary to make this action effective. 

YES: Bailey, Davy, Gordon, F. Jones, O. Jones, Morales, Torres, Wahhab 
NO: Illis
ABSTAIN: Leslie, Santiago 
ABSENT FOR VOTE: Rodriguez
ABSENT: Atkins, Owens, Shapiro 

 

Number:  10-19

Name:  Beauty Mart 

Submitted by:  Othelia Jones

Seconded by:  Leticia Morales & Tony Illis

WHEREAS, Beauty Mart has requested a lease from Riverbay Corporation for the premises at 121 Dreiser Loop, Bronx, New York, to be used as a discount store, sale of beauty products, wigs and costume jewelry; and
WHEREAS, the term of the lease and annual rental rates are within the provisions of Resolution #85-16 as amended by Resolution #95-44;
NOW, THEREFORE, BE IT RESOLVED, that the lease agreement for the premises at 121 Dreiser Loop, Bronx, New York, by and between Riverbay Corporation, Owner, and Beauty Mart, Tenant, containing the terms as negotiated by Riverbay Corporation’s management is hereby approved as submitted by management in accordance with Resolution #85-16 as amended by Resolution #95-44; and be it
FURTHER RESOLVED, that the President of the Corporation is authorized to sign the lease agreement and related documents on behalf of Riverbay Corporation.

YES: Bailey, Davy, Gordon, Illis, F. Jones, O. Jones, Leslie, Morales, Rodriguez, Santiago, Toress, Wahhab
ABSENT: Atkins, Owens, Shapiro

 

Number:  10-20

Name: Fresh Meadow

Submitted by:  Othelia Jones

Seconded by:  Bill Gordon

WHEREAS, Resolution #10-04 was adopted by the Board of Directors on January 13, 2010 and Riverbay thereafter served a Notice of Default of contract #2262 upon Fresh Meadow Mechanical Corporation; and
WHEREAS, Riverbay Corporation needed to immediately continue the work necessary to complete the cogeneration project; and
WHEREAS, the continuation of the work on the cogeneration project requires Riverbay Corporation to act quickly to obtain the necessary services and materials from various vendors; 
WHEREAS, Resolution #10-05 was adopted by the Board of Directors on January 13, 2010 which authorized the continuation of the work on the cogeneration project with expedited approval authority for a sixty( 60 ) day period, and 
WHEREAS, this sixty ( 60 ) day period ended on March 14th, 2010 but further work must be performed, 
NOW THEREFORE BE IT RESOLVED, 
The Board of Directors authorizes for the next ninety (90) day period that existing purchasing and approval procedures (only for materials and services related to the completion of the cogeneration project) be changed as follows: Purchases exceeding $10,000 will not require the pre-approval of the Board Treasurer; Purchases exceeding $25,000 will not require the pre-approval of the Board President; Purchases exceeding $50,000 (and Professional Fees exceeding $25,000) will not require the pre-approval of the DHCR (the DHCR will be asked to treat these expenditures as “emergencies”); Purchases exceeding $100,000 will not require public bidding; Purchases exceeding $175,000 will not require Riverbay Board approval; Riverbay is authorized to assume the contracts and purchase orders previously established by Fresh Meadow Mechanical Corporation for materials and services from their suppliers and subcontractors; and that Purchase Orders and contracts may be approved for issuance by a Marion Scott Real Estate executive or Peter Merola, and
BE IT FURTHER RESOLVED that:
1. Management shall continue to submit weekly written reports to the Board of Directors of all expenditures made and commitments entered into pursuant to this resolution, and
2. Prior written approval of all expenditures or commitments made pursuant to this resolution shall be obtained from three (3) of the following individuals: Herb Freedman, Peter Merola, Vernon Cooper, Brian Reardon, Bill May and Othelia Jones; and
3. Expenditures and commitments under Resolution #10-05 and this resolution combined shall not exceed the dollar amount already approved and unspent under the February 1, 2009 Settlement Agreement or $6,700,000, whichever is less.

YES: Bailey, Davy, Gordon, Illis, F. Jones, O. Jones, Morales, Rodriguez, Santiago, Toress, Wahhab
ABSTAIN: Leslie
ABSENT: Atkins, Owens, Shapiro

 

Number:  10-29

Name:  Electrical Savings

Submitted by:  Leticia Morales 

Seconded by:  Othelia Jones 

WHEREAS, Management has been pursuing the opportunity for significant electric savings by the installation of an energy efficient lighting program for the garages (detailed memo attached); and 
WHEREAS, Three separate contractors have approached Riverbay with various plans which will involve installation of new fixtures in the garages at no cost to Co-Op City, however the project is estimated at a cost of $2,000,000 with a projected savings of $700,000 a year; and
WHEREAS, Riverbay May be eligible for Federal ARRA grant money and NYSERDA funding if an application is filed on or before April 7, 2010. The ARRA grant must be made using the Riverbay Fund (a recognized 501C3). A waiver of bid requirements is required from DHCR; and
WHEREAS, If approved for the grant, the job must proceed using prevailing wages progress payments. If not approved we will bid for this work in the usual manner. Whichever option is available there is no monetary cost to the Riverbay Corporation and payment is from savings actually realized; and
NOW, THEREFORE, LET IT BE RESOLVED: that the proposed garage lighting project using the Riverbay Fund be approved with Green Energy Management Services Inc. as contractor for the grant application and to do the project if grant is approved as set forth in the attached memo dated March 18, 2010 as submitted by Management in accordance with Board of Directors Resolution #85-16 and amended by Board of Directors Resolution #95-44 and the President is hereby authorized to execute the contract and Management is authorized to take all steps necessary to make this action effective. 

YES: Bailey, Davy, Gordon, Illis, F. Jones, O. Jones, Morales, Rodriguez, Santiago, Toress, Wahhab
ABSTAIN: Leslie
ABSENT: Atkins, Owens, Shapiro
 

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RiverBay Corporation, 2049 Bartow Avenue, Bronx, New York 10475, (718) 320-3300