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HomeMy WebLinkAboutMN-IURAGOV-2011-01-21Adopted 4-15-11 City 108 East Green Street Ithaca, New York 14850 (607) 274-6559 MINUTES IURA Governance Committee 8:30 AM, Friday, January 21, 2011 Present: Susan Cummings, Carolyn Peterson, Kathy Schlather Excused: David Whitmore Staff: Nels Bohn, JoAnn Cornish, Sue Kittel, Alice Vargo I. Call to Order The meeting was called to order by Chairperson Cummings at 8:43 A.M. II. Additions to or deletions from the agenda - None III. Public comment - None IV. Approval of meeting minutes: Peterson moved, second by Cummings, to adopt the November 19, 2010 minutes as corrected. Carried Unanimously. V. New Business A. Community Collaborative Housing Fund 1. 2009 funding round, authorize execution of Fiscal Agency Agreement with Tompkins County Members reviewed the proposed resolution and suggested modifying the 3rd “Whereas” statement to list the specific housing projects approved for funding. Peterson moved, seconded by Schlather: Community Collaborative Housing Fund, 2009 Funding Round, Authorize Fiscal Agency Agreement with Tompkins County Whereas, on April 1, 2009, the Common Council of the City of Ithaca authorized the Mayor to execute a Memorandum of Understanding (MOU) between the City of Ithaca, Tompkins County and Cornell University to develop, fund, and Ithaca Urban Renewal Agency IURA Governance Minutes January 21, 2011 Page 2 of 11 administer the Community Housing Affordability Program and the Community Housing Trust Program (Collectively known as the “Housing Fund”), and Whereas, a Housing Fund Program Oversight Committee (POC) has been established to govern the Housing Fund made up of representatives from each funder, including Alderperson Maria Coles, Alderperson J.R. Clairborne and IURA member Doug Dylla from the City, but that final funding decisions regarding expenditure of City MOU funds shall be approved by the Common Council, and Whereas, on June 2, 2010, the Common Council for the City of Ithaca authorized disbursement of $100,000 of City Funds for affordable housing projects (Women’s Community Building project at 100 W. Seneca Street and Magnolia House at 308-320 N. Meadow Street), and Whereas, City contributions to the Housing Fund are administered by the IURA, and Whereas, Tompkins County (County) desires to serve as fiscal agent for the Housing fund, and Whereas, the POC recommends that the County act as a single fiscal agent for the Housing Fund whereby the County would enter into an agreement with the City and IURA to administer the City’s contribution to the Housing Fund, and Whereas, the Housing Trust MOU did not necessarily anticipate creation of a fiscal agent for the Housing Fund to create single funding agreements with each recipient, but rather referenced that “each participating entity would have custody of and manage its individual contributions”, and “enter into an agreement for disbursement of funds to approved recipients based upon the template developed by the POC”, and Whereas, a proposed fiscal agency agreement, dated December 12, 2010, has been drafted to protect City and IURA interests but provide for the County to enter into uniform funding agreements with recipients of Housing Fund assistance, and Whereas, environmental review was previously completed on February 9, 2010 and June 2, 2010 for use of City funds to be administered through the proposed Fiscal Agency Agreement, and Whereas, the IURA Governance Committee reviewed this matter at their January 21, 2011 meeting and recommended the following; now, therefore, be it IURA Governance Minutes January 21, 2011 Page 3 of 11 Resolved, that the IURA hereby authorizes the IURA Chairperson, subject to advice of IURA legal counsel, to enter into an agreement to administer the City’s 2009 contribution to the Housing Fund that is substantially in conformance with the attached, proposed Fiscal Agency Agreement to Implement the Housing Fund Program Between the County of Tompkins, the City of Ithaca and the Ithaca Urban Renewal Agency, dated December 12, 2010. Carried Unanimously 3-0 2. 2010 funding round, authorize disbursement of $70,000 pursuant to an executed MOU - resolution Housing Fund, 2010 Funding Round – Authorize Disbursement of $70,000 Pursuant to an Executed MOU Schlather noted that she is a member of the Application Review Committee that conducts an initial review of applications seeking funding through the Housing Fund. Members discussed that the INHS project that was recommended for funding has evolved since the Program Oversight Committee recommendation to include 2 housing units at 305 East Falls Street. It was suggested to modify the 7th “Whereas” statement in the proposed resolution to clarify that it describes the project as of November 30, 2010. Schlather moved, seconded by Peterson: Whereas, the Housing Fund Program Oversight Committee (POC) met on November 30, 2010, to review applications for funding submitted in July 2010 and recommended funding for the following affordable housing projects from the Housing Fund, which is jointly capitalized by Cornell University, Tompkins County and the City of Ithaca: Applicant Program Project Dollar Amount Recommended Number of Units Location Ithaca Neighborhood Housing Services (INHS) Trust INHS Community Housing Trust: New Construction/Substanti al Rehabilitation $140,000 (grant) 7 owner- occupied units City of Ithaca, scattered sites Better Housing for Tompkins County Affordability Lansing Reserves $75,000 (loan) 80 unit Multi- family Northwoods Drive, Village of Lansing and IURA Governance Minutes January 21, 2011 Page 4 of 11 Whereas, on April 1, 2009, the Common Council of the City of Ithaca authorized the Mayor to execute a Memorandum of Understanding (MOU) between the City of Ithaca, Tompkins County and Cornell University to develop, fund, and administer the Community Housing Affordability Program and the Community Housing Trust Program (Collectively known as the “Housing Fund”), and Whereas, on April 1, 2009, the Common Council further found that the most appropriate locations for new housing units assisted through MOU funds are project sites located within existing urbanized areas of the County, rather than in new growth nodes or other areas of the County, and Whereas, the Community Housing Affordability Program assists with pre- development costs associated with residential, and mixed-use real estate development projects primarily benefiting low- and moderate-income households, and the Community Housing Trust Program is a program designed to ensure that newly constructed or rehabilitated homes that are made available to low- and moderate-income households remain affordable to future generations of buyers, and Whereas, City funds committed to the Housing Fund are derived from Gateway Loan proceeds held by the Ithaca Urban Renewal Agency, and Whereas, the POC unanimously recommended the following funding plan to match funding sources with housing projects recommended for funding: Funding Sources Cornell Tompkins City of Project Name University County Ithaca Total INHS Community Housing Trust – scattered sites $70,000 $70,000 $140,000 BHFTC – Lansing Reserves $75,000 $75,000 Total Round #2 Allocation (2010) $75,000 $70,000 $70,000 $215,000 Round #1 Allocation (2009) $145,000 $100,000 $100,000 $345,000 Total Allocation $220,000 $170,000 $170,000 $560,000 Funds carried forward - round #3 $180,000 $30,000 $30,000 $240,000 IURA Governance Minutes January 21, 2011 Page 5 of 11 and, Whereas, the POC recommends that the City contribution be earmarked for the INHS Community Housing Trust project that will involve new construction and/or substantial rehabilitation to create 7 affordable, owner-occupied housing units located within the City of Ithaca at 524-530 Chestnut Street (4 units), 507 Cascadilla Street (1 unit), 305 East Falls Street (1 unit) and 10 Hawthorne Place (1 unit) as discussed on November 30, 2010; and Whereas, City of Ithaca funding is proposed to be used to fund construction and/or substantial rehabilitation of single family and two-family residences, which action qualifies as a Type II action listed at: • §176-5(C)(8): “construction or expansion of a single-family, a two family, or a three family residence on an approved lot including provision of necessary utility connections as provided in Subsection C(10),” and • §176-5(C)(2): “replacement, rehabilitation or reconstruction of a facility in kind on the same site, including upgrading buildings to meet building or fire codes,“ • therefore, no further environmental review is required for this proposed action, and Whereas, at their January 21, 2011 meeting, the IURA Governance Committee reviewed this matter and recommended the following; now, therefore, be it Resolved, that the IURA hereby finds that the INHS Community Housing Trust: New Construction/Substantial Rehabilitation project is suitable for up to $70,000 of City funding through the 2010 funding round of the Housing Fund, and be it further Resolved, that the IURA Chairperson, subject to advice of IURA legal counsel, is authorized to execute a Fiscal Agency Agreement with Tompkins County to implement a disbursement of up to $70,000 to assist the above-referenced INHS project, pursuant to the Housing Fund MOU. Carried Unanimously 3-0 B. Procurement of Independent Professional Service Contractors Bohn explained that all independent professional service contractors were selected through an initial competitive RFP process two years ago that specified that contracts may be extended for up to a total of three years. IURA Governance Minutes January 21, 2011 Page 6 of 11 1. Legal services Bohn indicated that IURA management has been very satisfied with the past performance of both Geldenhuys and Ruswick and pointed out they each possess specialized areas of expertise. Moved by Peterson, second by Schlather: 2011 Procurement of Independent Legal Services, Geldenhuys & Ruswick WHEREAS, in accordance with IURA procurement policy and regulations contained at 24 CFR §85.36, the IURA issued a Request for Proposals (RFP) for independent legal services on April 7, 2009, and WHEREAS, a legal notice advertising the RFP was published in the April 10, 2009 edition of the Ithaca Journal newspaper, and WHEREAS, two proposals were received to the RFP from the following responders: • Mariette Geldenhuys, Attorney-at-Law, Ithaca, NY; and • Richard P. Ruswick, Ithaca, NY, and WHEREAS, Per the RFP, selection of the contractor(s) is based on an evaluation of technical skill (50%), relevant experience (25%) and cost (25%), and WHEREAS, Geldenhuys possesses special expertise in legal areas of municipal law, real estate, not-for-profits, financial transactions and loans, and family law, and WHEREAS, Ruswick possesses special expertise in the legal areas of real estate, business law, bankruptcy/collections, HOME regulations and trusts and estates, and WHEREAS, both Geldenhuys and Ruswick have each been providing the IURA with legal services under previous contracts and the IURA has been highly satisfied with the work performed by both contractors, and WHEREAS, Geldenhuys has agreed to continue to provide legal services to the IURA in 2011 at her 2010 billing rate of $175 per hour, and WHEREAS, Ruswick has agreed to continue to provide legal services to the IURA in 2011 at his 2010 billing rate of $165 per hour, and IURA Governance Minutes January 21, 2011 Page 7 of 11 WHEREAS, under applicable procurement regulations, a contractor selected through an initial competitive selection process may be renewed for two additional one-year terms without undertaking a new competitive selection process, and WHEREAS, the IURA has been satisfied with past performance of both Geldenhuys and Ruswick, and WHEREAS, the 2011 IURA budget projected legal expenses of $25,000 and recommended that the total authorized contract amount for legal services be established at $31,000 to cover contingencies, and WHEREAS, at their meeting of January 21, 2011, the Governance Committee reviewed this matter and recommended the following; now, therefore, be it RESOLVED, that the IURA hereby agrees to continue to contract for independent legal services with Mariette Geldenhuys, Attorney at Law, and Richard Ruswick, Attorney at Law, and be it further RESOLVED, that IURA Chair is hereby authorized, upon review of IURA legal counsel, to execute an agreement for independent consulting services with Mariette Geldenhuys, Attorney at Law, for legal services at a maximum hourly rate of $175 per hour with the total amount not to exceed $21,000, and be it further RESOLVED, that IURA Chairperson is hereby authorized, upon review of IURA legal counsel, to execute an agreement for independent consulting services with Richard P. Ruswick, Attorney at Law, at a maximum hourly rate of $165 per hour with the total amount not to exceed $10,000, and be it further RESOLVED, that the source of such funds for legal services shall be derived from a variety of funding sources, including, but not limited to, CDBG and HOME funds, and expenses shall be billed to the appropriate source of funds for which the legal work was performed. Carried Unanimously 3-0 2. Community Development Consultant Services Bohn reported that IURA management has been very satisfied with Sicherman’s past performance and recommends engaging their services again. Motion by Schlather, second by Peterson: IURA Governance Minutes January 21, 2011 Page 8 of 11 2011 Procurement of Independent Consulting Services, H. Sicherman & Co., Inc. Whereas, pursuant to a competitive RFP selection process conducted in 2009, the IURA currently contracts with H. Sicherman & Co., Inc. for community development consultant services, including technical assistance to comply with CDBG regulations and loan underwriting, and WHEREAS, Sicherman has agreed to provide 2011 consulting services at a maximum rate of $143 per hour and loan underwriting services at a maximum rate of $110 per hour, an increase of $5 per hour from 2010 rates, and WHEREAS, under applicable CDBG/HOME procurement regulations, a contractor selected through an initial competitive selection process may have their contract extended for up to a total of three years before undertaking a new competitive selection process, and WHEREAS, the IURA has been highly satisfied with the past performance of H. Sicherman & Co., Inc., and WHEREAS, the 2011 IURA budget projected community development consultant expenses of $10,000, and recommended an authorized contract amount not to exceed $13,000, and WHEREAS, at their January 21, 2011 meeting the Governance Committee considered this issue and recommended the following; now, therefore, be it RESOLVED, that the IURA Chairperson is hereby authorized, upon review of IURA legal counsel, to execute an agreement for independent consulting agreement with H. Sicherman & Co., Inc. for community development consulting services in 2011 at a maximum hourly rate of $143 per hour with the total not to exceed $13,000, and be it further RESOLVED, that the source of such funds for professional consulting services shall be derived from a variety of funding sources, including, but not limited to, CDBG and HOME Entitlement funds, and expenses shall be billed to the appropriate source of funds for which the consulting work is performed. Carried Unanimously 3-0 2. Architectural Services IURA Governance Minutes January 21, 2011 Page 9 of 11 The IURA staff has been very satisfied with Brenner’s past work, particularly construction management and administration tasks, reported Kittel. Motion by Peterson, second by Schlather: 2011 Procurement of Independent Architectural Services – Claudia Brenner Design WHEREAS, pursuant to a competitive RFP selection process conducted in 2009, the IURA currently contracts with Claudia Brenner Design (Brenner) for architectural/engineering services, and WHEREAS, Brenner has agreed to provide 2011 architectural services at current 2010 rates of $90 per hour for architectural services and $60 per hour for construction administration services and engineering subcontractors at cost, and WHEREAS, Claudia Brenner is a New York State licensed architect, and WHEREAS, under applicable CDBG/HOME procurement regulations, a contractor selected through an initial competitive selection process may have their contract extended for up to a total of three years before undertaking a new competitive selection process, and WHEREAS, has been satisfied with the past performance of Brenner, and WHEREAS, the 2011 IURA budget projected architecture consultant expenses of $5,000, and WHEREAS, at their January 21, 2011 meeting the Governance Committee considered this issue and recommended the following; now, therefore, be it RESOLVED, that the IURA Chairperson is hereby authorized, upon review of IURA legal counsel, to execute an agreement for independent consulting agreement with Claudia Brenner Design for architectural/engineering and construction administration services in 2011 at a maximum hourly rate of $90 per hour with the total not to exceed $5,000, and be it further RESOLVED, that the source of such funds for professional consulting services shall be derived from a variety of funding sources, including, but not limited to, CDBG and HOME Entitlement funds, and expenses shall be billed to the appropriate source of funds for which the consulting work is performed. Carried Unanimously 3-0 IURA Governance Minutes January 21, 2011 Page 10 of 11 C. 2011 HUD Entitlement Action Plan – review of applications received Kittel reviewed the list of funding applications received and discussed the IURA and Common Council review process and schedule. Schlather disclosed that she has a conflict of interest on this issue as she is the Executive Director of the Human Services Coalition that has submitted a funding application for the 2-1-1 program. She recused herself from any discussion on the topic. D. Neighborhood Housing Initiative program, reconvene program Cummings stated she would like to see this committee reconvene for possible funding of the INHS foreclosed property redevelopment project submitted for funding from the 2011 HUD Entitlement program, tax foreclosures and other blighting properties. Staff indicated that they would contact committee member to determine their interest in reconvening. ? VI. Old Business A. Proposed amendments to the IURA Human Resource Policies Cummings introduced the amendments and noted that the committee has reviewed several earlier drafts. Members reviewed the proposed amendments section-by- section and suggested minor modifications and corrections to provisions under “working hours” and “overtime and compensatory time” categories. Staff was asked to research applicable labor law regarding compensation requirements when a non- exempt employee worked in excess of 40 hours per week. Peterson moved, seconded by Schlather, to adopt the amendments to the Human Resource Policies with changes as discussed: 2011 Amendments to the IURA Human Resource Policies WHEREAS, the IURA has adopted written policies governing human resource issues, including employee benefits and obligations, and WHEREAS, the IURA Human Resource Policies were last revised in 2005 and there is a need to update the policies, and WHEREAS, at their October 15, 2010, November 19, 2010 and January 21, 2011 meetings, the IURA Governance Committee reviewed this matter and recommended the following action; now, therefore, be it RESOLVED, that the IURA hereby adopts the Proposed FY 2011 Amendments to the IURA Human Resource Policies, dated 11/22/10, as herein attached. Carried Unanimously 3-0 IURA Governance Minutes January 21, 2011 Page 11 of 11 B. HUD Correspondence Bohn reviewed HUD correspondence dated November 30, 2010 reporting a finding for the HUD Entitlement program in that the City is delinquent in filing its audit report for fiscal year 2008 within nine months of the end the fiscal year. Members discussed the City’s schedule for completing audits. Bohn reported that the 2008 audit was completed in fall 2010. The 2009 audit is scheduled for completion in early 2011 and the 2010 audit is scheduled to be completed by September 30, 2011, according to the City Controller. VII. Staff Report A. Common Council matters of interest to the IURA - none B. Other Bohn reported that HUD-Buffalo CDP Director Nancy Peacock has retired and the vacant position was recently filled by Bill O’Connell. He indicated that post-2000 Census data will have much higher margins of error for most characteristics at the neighborhood level due to a much higher reliance on sampling. VIII. Other Business A. Review of IURA December 2010 financials Bohn reported that Diane’s State Street Auto remains in arrears. He met with her and she is interested in restructuring her loan. Bohn is waiting for receipt of financials from her to determine if a restructuring is appropriate. B. Next Meeting: February 18, 2011 IX. Adjournment The meeting was adjourned at 11:00 A.M. END Minutes prepared by A. Vargo, edited by N. Bohn. j:\community development\admin files\minutes\governance- b&a\2011\1jan\january min nb edit.doc