HomeMy WebLinkAboutMN-IURAGOV-2013-02-13Ithaca
Urban
Renewal
Agency
Adopted: 4/25/13
108 East Green Street
Ithaca, New York 14850
(607) 274-6559 6559
MINUTES MINUTES
IURA Governance Committee IURA Governance Committee
8:30 AM, Friday, February 15, 2013 8:30 AM, Friday, February 15, 2013
3rd Floor Conference Room, City Hall 3rd Floor Conference Room, City Hall
Present: Chairperson Eric Rosario, Susan Cummings, Kathy Schlather Present: Chairperson Eric Rosario, Susan Cummings, Kathy Schlather
Excused: Jim Dennis, David Whitmore Excused: Jim Dennis, David Whitmore
Staff: Nels Bohn, Sue Kittel, Charles Pyott Staff: Nels Bohn, Sue Kittel, Charles Pyott
Guests: Steven Nunley, Managing Director, Kitchen Theatre Company (KTC) Guests: Steven Nunley, Managing Director, Kitchen Theatre Company (KTC)
Dale Schumacher, Executive Director, The Learning Web of Tompkins County Dale Schumacher, Executive Director, The Learning Web of Tompkins County
Public: None. Public: None.
I. Call to Order I. Call to Order
The meeting was called to order by Chairperson Rosario at 8:35 a.m. The meeting was called to order by Chairperson Rosario at 8:35 a.m.
II. Agenda Additions/Deletions II. Agenda Additions/Deletions
None. None.
III. Public Comments ― None III. Public Comments ― None
IV. Approval of Meeting Minutes: January 18, 2013 IV. Approval of Meeting Minutes: January 18, 2013
Cummings moved, seconded by Schlather, to approve the January 18, 2013 minutes,
with no modifications. Carried Unanimously.
Cummings moved, seconded by Schlather, to approve the January 18, 2013 minutes,
with no modifications. Carried Unanimously.
V. New Business V. New Business
A. Request from The Learning Web for Program Modification to Housing Scholarship
Program (Project #4, 2011 HOME)
A. Request from The Learning Web for Program Modification to Housing Scholarship
Program (Project #4, 2011 HOME)
Rosario noted the Learning Web is requesting emergency stop‐gap funding assistance,
as described in its 2/12/13 letter to the IURA. Its Housing Scholarship Program (HSP) is
funded through a combination of IURA funds and a large five‐year federal Transitional
Living Program (TLP) grant, which ends on 2/28/13. The Learning Web applied for
another large grant to replace it; however, it has not yet learned the outcome of that
application. While the Learning Web anticipates receiving the grant, it now needs help
to pay 1‐2 months’ rent. Without assistance of some kind, HSP enrollees will be made
homeless.
Rosario noted the Learning Web is requesting emergency stop‐gap funding assistance,
as described in its 2/12/13 letter to the IURA. Its Housing Scholarship Program (HSP) is
funded through a combination of IURA funds and a large five‐year federal Transitional
Living Program (TLP) grant, which ends on 2/28/13. The Learning Web applied for
another large grant to replace it; however, it has not yet learned the outcome of that
application. While the Learning Web anticipates receiving the grant, it now needs help
to pay 1‐2 months’ rent. Without assistance of some kind, HSP enrollees will be made
homeless.
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Cummings observed that this situation seems to be another manifestation of the
current turmoil associated with the chronic federal budget crisis. She strongly
recommended the IURA write to Congress to express its frustration. HSP is an excellent
program ― a good example of a youth program that works well and has continued to
grow ― and Congress really needs to be shown the consequences of its actions.
Cummings also suggested exploring private sector funding for HSP. Schumacher replied
that the Learning Web has in fact been exploring private funding; however, foundation
funding is very difficult to obtain for rental assistance.
Moved by Cummings, seconded by Schlather:
Program Modification to Housing Scholarship Program (#4, HOME 2011)
Whereas, The Learning Web operates a Housing Scholarship Program (Program)
providing case management and tenant rental assistance to low‐income households
headed by homeless youth transitioning to financial self‐sufficiency, and
Whereas, the Program receives funding from the IURA and a 5‐year federal
Transitional Living Program (TLP) grant, which TLP funding ends on February 28, 2013
prior to announcements of funding awards of a pending grant application submitted
to replace TLP funding, thereby leaving the Program without resources to pay rents
and utilities at apartments covered by the TLP funding beginning in March 2013, and
Whereas, The Learning Web submitted a February 12, 2013 request to the IURA for a
program modification to the Housing Scholarship Program to use up to $15,186 of
IURA funds awarded, but unexpended, to provide tenant rental assistance for
apartments currently funded under the TLP grant, and
Whereas, 2011 IURA funding for the Housing Scholarship Program provides tenant‐
based rental and utility assistance for 2 households headed by homeless youth, and
Whereas, all youth currently receiving tenant‐based rental assistance through the TLP
grant satisfy HOME eligibility criteria, and
Whereas, the 2010 and 2011 Action Plans included the following funding to The
Learning Web for Transitional Housing Scholarship program:
Year Award Expended Unexpended
2010: $63,360 $29,242.80 $34,117.20
2011: $29,975 $0 $29,975.00
Totals $93,335 $29,242.80 $64,092.20
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Whereas, IURA funds be used to expand the number of beneficiaries on a short‐term
basis, but may result in a reduction of the duration of tenant‐based rental assistance
available for some participants in the program unless additional resources can be
secured, and
Whereas, the IURA Governance Committee considered this matter at their February
15, 2013 meeting and recommends the following; now, therefore, be it
RESOLVED, that the IURA hereby authorizes a modification to the Housing
Scholarship Program (project #4, 2011) to authorize use of up to $15,186 of
previously awarded funds to The Learning Web for tenant rental and utility assistance
to low‐income households headed by youth whose rent and utilities were previously
funded by the Federal Transitional Living Program grant, and
RESOLVED, that the IURA Chairperson, subject to review by legal counsel, is
authorized to execute all necessary documents to implement this resolution.
Carried Unanimously 3‐0
B. Request from Kitchen Theatre Company, Inc. for Community‐Based Development
Organization (CBDO) Designation
Kittel explained that this kind of re‐designation request usually goes before the
Neighborhood Investment Committee (NIC), but time limitations did not permit that,
this time. She noted KTC has been a CBDO for 3 years.
Nunley remarked that KTC recently increased the size of its board, so getting the
sufficient number of qualifying board members turned out to be more challenging this
year.
Rosario drew the committee’s attention to the memorandum prepared by Kittel,
describing all the requirements.
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Moved by Cummings, seconded by Schlather:
IURA Designation of Kitchen Theatre Company, Inc. As A
Community‐Based Development Organization
WHEREAS, the Board of the Kitchen Theatre Company Inc., (Kitchen Theatre)
seeks renewal of their designation by the Ithaca Urban Renewal Agency (IURA)
as a Community‐Based Development Organization (CBDO), and
WHEREAS, the City of Ithaca has designated the IURA to administer the City’s
HUD Entitlement Program that oversees Community Development Block Grant
funds awarded to the City, and
WHEREAS, the requirements for eligibility as a CBDO are established at CFR Title
24, Section 570.204 and include specific eligibility criteria for composition of the
governing board of a CBDO, and
WHEREAS, at their February 23, 2012 meeting, the IURA designated the Kitchen
Theater as a local Community Based Development Organization, and
Whereas, at their February 15, 2013 meeting, the Governance Committee
compared the Kitchen Theatre with CBDO eligibility requirements as
documented in the attached materials and recommended the following; now,
therefore, be it
RESOLVED, that the IURA determines that the Kitchen Theatre continues to meet
the requirements for eligibility as a CBDO, and be it further
RESOLVED, that the IURA hereby re‐designates the Kitchen Theatre Company,
Inc. as a Community‐Based Development Organization (CBDO).
Carried Unanimously 3‐0
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C. Procurement of Independent Contractors
1. Legal Services ― Mariette Geldenhuys
Moved by Schlather, seconded by Cummings:
2013 Procurement of Independent Legal Services, Geldenhuys
WHEREAS, the contract for independent legal services with Mariette Geldenhuys,
Attorney‐at‐Law (Geldenhuys) expires on February 29, 2013, and
WHEREAS, in accordance with IURA procurement policy and regulations contained in
24 CFR §85.36, the IURA selected Geldenhuys through a Request for Proposals (RFP)
selection process in 2012, and
WHEREAS, whereas applicable procurement regulations, a contractor selected
through an initial competitive selection process may be renewed for up to three
additional one‐year terms without undertaking a new competitive selection process,
and
WHEREAS, a proposed 2013 contract would constitute the first one‐year extension
of the base independent consultant contract, and
WHEREAS, Geldenhuys submitted a proposal on January 31, 2013 to continue
providing legal services to the IURA at a maximum billing rate of $185 per hour, a
2.8% increase from the current contract rate, and
WHEREAS, the IURA staff s highly satisfied with the quality of legal services provided
by Geldenhuys, and
WHEREAS, the 2013 IURA budget recommended a total authorized contract amount
of $22,500 for legal services, and
WHEREAS, at their meeting of February 15, 2013, the Governance Committee
reviewed this matter and recommends the following; now, therefore, be it
RESOLVED, that IURA Chair is hereby authorized, upon review of IURA legal counsel,
to execute a contract extension for independent contractor legal services with
Mariette Geldenhuys, Attorney and Mediator, at a maximum hourly rate of $185 per
hour with the total amount not to exceed $17,500, and be it further
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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 services
were performed.
Carried Unanimously 3‐0
2. Legal Services ― Richard Ruswick
Moved by Cummings, seconded by Schlather:
2013 Procurement of Independent Legal Services, Ruswick
WHEREAS, the contract for independent legal services with Richard P. Ruswick,
Attorney at Law, (Ruswick) expires on February 29, 2013, and
WHEREAS, in accordance with IURA procurement policy and regulations contained in
24 CFR §85.36, the IURA selected Ruswick through a Request for Proposals (RFP)
selection process in 2012, and
WHEREAS, whereas applicable procurement regulations, a contractor selected
through an initial competitive selection process may be renewed for up to three
additional one‐year terms without undertaking a new competitive selection process,
and
WHEREAS, a proposed 2013 contract would constitute the first one‐year extension
of the base independent consultant contract, and
WHEREAS, Ruswick submitted a proposal on January 31, 2013 to continue providing
legal services to the IURA at a maximum billing rate of $175 per hour, a 2.9% increase
from the current contract rate, and
WHEREAS, the IURA staff is highly satisfied with the quality of legal services provided
by Ruswick, and
WHEREAS, the 2013 IURA budget recommended a total authorized contract amount
of $22,500 for legal services, and
WHEREAS, at their meeting of February 15, 2013, the Governance Committee
reviewed this matter and recommends the following; now, therefore, be it
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RESOLVED, that IURA Chair is hereby authorized, upon review of IURA legal counsel,
to execute a contract extension for independent contractor legal services with
Richard P. Ruswick, Attorney at Law, at a maximum hourly rate of $175 per hour with
the total amount not to exceed $5,000, 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 services
were performed.
Carried Unanimously 3‐0
3. Community Development Consulting Services ― H. Sicherman & Co., Inc.
Moved by Cummings, seconded by Schlather:
2013 Procurement of Independent Consultant Services, H. Sicherman & Co., Inc.
WHEREAS, the contract for independent professional consulting services with H.
Sicherman & Co., Inc. (Sicherman) expires on February 29, 2013, and
WHEREAS, in accordance with IURA procurement policy and regulations contained in
24 CFR §85.36, the IURA selected Sicherman through a Request for Proposals (RFP)
selection process in 2012 to provide technical assistance for development,
administration and implementation of the IURA community development program,
including loan underwriting, and
WHEREAS, whereas applicable procurement regulations, a contractor selected
through an initial competitive selection process may be renewed for up to three
additional one‐year terms without undertaking a new competitive selection process,
and
WHEREAS, a proposed 2013 contract would constitute the first one‐year extension
of the base independent consultant contract, and
WHEREAS, Sicherman submitted a proposal on January 25, 2013 to continue
providing community development consulting services to the IURA at a maximum
billing rate of $154 per hour, a 3.3% increase from the current contract rate, and
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WHEREAS, loan underwriting services of Mr. Richard Rickli of Sicherman are offered
at a rate of $118 per hour, and
WHEREAS, the IURA staff s highly satisfied with the quality of services provided by
Sicherman, and
WHEREAS, the 2013 IURA budget recommended a total authorized contract amount
of $13,000 for community development consulting services, and
WHEREAS, at their meeting of February 15, 2013, the Governance Committee
reviewed this matter and recommends the following; now, therefore, be it
RESOLVED, that IURA Chair is hereby authorized, upon review of IURA legal counsel,
to execute a contract extension for independent contractor community development
services with H. Sicherman & Co., Inc. at a maximum hourly rate of $154 per hour
with the total amount not to exceed $13,000, 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 services
were performed.
Carried Unanimously 3‐0
Bohn noted that loan underwriter Bob Deemer no longer works for H. Sicherman & Co.,
Inc. His successor seems capable. Bohn noted that IURA historically relies on the
Sicherman underwriter for a considerable amount of work.
4. Minute‐Taking Services ― Charles Pyott
Moved by Cummings, seconded by Schlather:
2013 Procurement of Independent Minute‐Taking Services, Charles Pyott
WHEREAS, Mr. Charles Pyott has been providing the IURA with minute taking services
to the IURA as an independent contractor since July 8, 2011, and
WHEREAS, the annual contract for his services expires on February 28, 2013, and
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WHEREAS, Pyott has submitted a proposal to continue to provide minute‐taking
services at a rate of $17.71 per hour, a 3% increase from 2012 rates, and
WHEREAS, the IURA staff is highly satisfied with Pyott’s performance, and
WHEREAS, the 2013 IURA budget recommends an authorized amount of $5,000 for
minute taking services, and
WHEREAS, at their February 15, 2013 meeting the Governance Committee
considered this matter and recommended the following; now, therefore, be it
RESOLVED, that the IURA Chairperson is hereby authorized, upon review of IURA
legal counsel, to execute a one‐year contract extension for independent contractor
minute‐taking services with Charles Pyott at a rate of $17.71 per hour with the total
amount not to exceed $5,000, and be it further
RESOLVED, that the source of such funds shall be derived from non‐CDBG funds.
Carried Unanimously 3‐0
D. Public Authorities Accountability Law (PAAL) ― Annual Review of Board of
Directors Self‐Evaluation
Rosario noted that all IURA board self‐evaluation forms were completed and received.
Committee members proceeded to review and discuss the comparative strengths and
weaknesses indicated by the forms.
Judging by the survey responses, Schlather noted the following criterion/statement
appears to be one area of possible improvement: “The Board exercises appropriate
oversight of the CEO and other executive staff, including setting performance
expectations and reviewing performance annually.” Bohn observed that the term
“CEO,” in this case, could arguably refer to the Planning, Building and Economic
Development Director, the Mayor, or himself.
Kittel asked if the IURA is required to employ the language in the survey verbatim or if it
could revise it in a way that makes more sense for the IURA (e.g., focusing on how it
would like to see itself grow as an agency). Bohn replied he would need to read through
the regulations. He believes the form is just one option that is being presented for
boards to evaluate themselves. Bohn believes the IURA could at least add to it, if not
modify it.
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Cummings remarked it would be helpful if IURA board and committee members could
discuss the results of the surveys as a group.
Rosario observed another possible weakness the survey uncovers relates to: “The Board
knows the statutory obligations of the Authority and if the Authority is in compliance
with state law.” This may be an opportunity for some training or orientation on
statutory obligations. He suggested performing a SWOT analysis (Strengths,
Weaknesses, Opportunities, & Threats) may be helpful.
Schlather remarked that the survey results as a whole are quite positive in terms of the
core evaluation measures that matter the most. The only weaknesses lie in areas which
could easily be addressed by further education/training (which, in her experience, is a
common problem among boards).
It is also worth noting, Bohn observed, that GC members probably have a better
understanding of some of the issues identified in the surveys than IURA board members
and other committee members. Cummings remarked that would be a good reason to
increase the number IURA board members serving on the GC.
Given the results of the discussion, Rosario suggested the committee formulate a
proposal to the IURA board on how to address some of these issues. Cummings added
that staff should also be asked for its own recommendations.
Kittel noted that NIC would likely benefit from more educational opportunities (e.g.,
affordable housing, since several NIC members lack that professional background). She
also observed that committee‐level activity, as a whole, tends to be more task‐oriented
and reactive than strategic.
Rosario noted that everything IURA board and committee members do should
ultimately tie back to the Action Plan. [Special Note: At the 4/25/13 Governance
Committee review of this document, Rosario clarified that he had been referring to the
overall Strategic Plan, as well as the Action Plan.]
Kittel observed that the IURA board itself may not be motivated to pursue a more
strategic approach, which can sometimes lead to unpredictable results. For example, in
2012, the influx of new board members meant that the board did not fully understand
and appreciate the value of some of the IURA’s long‐term relationships with partner
organizations.
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Cummings stressed it will be critical to fill the existing IURA vacancy with someone who
understands both the grant process and the needs of the community, as well as
someone who can operate on a higher, more strategic level. She observed the current
Mayor does not tend to serve as a major driver of IURA activity, the way the previous
Mayor did, so this has changed the dynamics of IURA activity.
Kittel remarked that the IURA has a five‐year Consolidated Plan, which may help the
committee with these kinds of issues (although, its scope limited, in some respects).
Bohn added that the IURA also has a rather broad mission, which tends to mean that
the IURA orients its programmatic activities around where the funding is.
Rosario noted that the Consolidated Plan seems like a good opportunity/instrument for
bringing these kinds of issues up with the IURA board. Kittel suggested the Consolidated
Plan could be drafted by this committee, since it is probably best situated to do that.
Rosario noted he will provide the IURA board with a summary of what was discussed
today: the generally positive results of the self‐evaluation survey; the perceived lack of
sufficient knowledge and training on certain subjects; and the potential uncertainty that
can be generated with organizational partners when IURA board members do not have
enough familiarity with the IURA’s existing relationships with its partners. Rosario will
also propose that this committee draft the initial version of the Consolidated Plan and
suggest organizing a workshop or retreat of some kind.
Cummings remarked that the IURA periodically takes direction from Common Council;
so it may be helpful for the IURA board to engage in an active dialogue with Common
Council members about these kinds of governance issues, as well (e.g., inviting Common
Council members to participate in IURA board and committee meetings). Bohn agreed,
noting that in his experience Common Council members do not always understand
IURA’s role in the development of some projects (e.g., Ithaca Gun, Cayuga Garage, etc.)
Rosario indicated he would work with IURA Common Council Liaison Chris Proulx on
establishing regular reports or presentations to Common Council on IURA activities.
VI. Old Business
A. IURA Strategic Planning in Response to Uncertain Future Federal Funding of
Discretionary Domestic Programs
Bohn noted he did not have the opportunity to update the document, so he asked the
committee to postpone this agenda item. No objections were raised.
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Bohn also reported that City consultants, Sustainable Strategies, DC, recently visited the
city and met with a variety of City, IURA, and local organizations, to begin the of
identifying potential funding opportunities for a variety of community projects.
B. FY 2011 City Audit Schedule Report
Rosario reported that the Response to Delinquent 2011 City Financial Reporting
resolution was passed by the IURA board.
Bohn announced that the 2012 audit report was submitted to the New York State
Authorities Budget Office (ABO) yesterday. After inquiring several times with the City
Controller about the status of the 2011 audit, Bohn eventually asked the auditors to
complete that audit report, as well, for submission to the ABO.
Cummings asked if it would make sense to send a copy of the ABO report to HUD, as a
show of good faith. Bohn replied it would certainly not hurt, although it most likely
would make no difference to HUD.
Cummings asked if the annual audit has been placed on the City Administration
Committee (CA) agenda, as a standing agenda item, as was suggested by members of
this committee several months ago. Rosario responded he would look into that.
VII. Other Business
A. Review of IURA Financials, January 2013
None.
B. IURA Actions of Interest to Governance Committee
None.
C. Staff Report
Bohn announced that Common Council approved the Agreement Governing
Administration of HUD Entitlement Funds Awarded to City of Ithaca.
Bohn also reported that Ithaca Neighborhood Housing Services (INHS) completed its
acquisition of the properties of the now defunct Mutual Housing Association of
Tompkins County.
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D. Next Meeting: March 15, 2013
VIII. Adjournment — Adjourned by consensus at 11:15 a.m.
— END —
Minutes prepared by C. Pyott, edited by N. Bohn.