HomeMy WebLinkAboutMN-IURAGOV-2015-02-20Approved: 5/15/15
108 E. Green Street
Ithaca
Urban
Renewal
Agency
Ithaca, New York 14850
(607) 274-6559
(607) 274-6558 (fax)
MINUTES
ITHACA URBAN RENEWAL AGENCY
Governance Committee (GC)
8:30 AM, Friday, February 20, 2015
Pistachio Conference Room, City Hall, Ithaca, NY
Present: Eric Rosario, Susan Cummings, Kathy Schlather, David Whitmore
Excused: None.
Vacancy: 1
Staff: Nels Bohn, JoAnn Cornish, Lisa Nicholas, Charles Pyott
Guests: None.
I. Call to Order
Chairperson Rosario called the meeting to order at 8:42 A.M.
II. Agenda Additions/Deletions
Bohn noted the Committee should also discuss deferring Lead Agency status to the
Planning and Development Board for the 210 Hancock Street (INHS) project.
III. Public Comments (3‐minute maximum per person) ― None.
IV. Review of Meeting Minutes: January 21, 20145
Cummings moved, seconded by Schlather, to approve the January 21, 2015 minutes,
with one minor modification. Carried Unanimously 3‐0
(Whitmore arrived at 8:48 a.m.)
V. New Business
A. Procurement of Independent Contractors
1. Legal Services
Rosario suggested voting to approve the Legal Services resolutions together as a group.
IURA GC Minutes
February 20, 2015
Page 2 of 14
Schlather moved, seconded by Rosario:
2015 Procurement of Independent Legal Services: Geldenhuys
WHEREAS, in accordance with IURA procurement policy and regulations contained in
24 CFR §85.36, the IURA issued a Request for Proposals (RFP) for legal services on
January 7, 2015, and
WHEREAS, the following four proposals were received:
• Mariette Geldenhuys;
• Richard Ruwsick;
• Sharon Sulimowicz;
• Pannone, Lopes, Devereau & West, LLC, and
WHEREAS, the IURA currently contracts with Mariette Geldenhuys and Richard
Ruswick for legal services, and
WHEREAS, Mariette Geldenhuys submitted a proposal to continue providing legal
services to the IURA at a maximum billing rate of $200 per hour, and
WHEREAS, the IURA staff is highly satisfied with the quality of legal services provided
by Geldenhuys, and
WHEREAS, IURA staff reviewed the proposals against the RFP criteria and recommends
selection of Mariette Geldenhuys, and
WHEREAS, the 2015 IURA budget recommended a total authorized contract amount of
$23,000 for general legal services, and
WHEREAS, the IURA Governance Committee reviewed this matter at its February 20,
2015 meeting and recommended 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 $200 per
hour with the total amount not to exceed $18,000, 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.
IURA GC Minutes
February 20, 2015
Page 3 of 14
2015 Procurement of Independent Legal Services: Ruswick
WHEREAS, in accordance with IURA procurement policy and regulations contained in 24
CFR §85.36, the IURA issued a Request for Proposals (RFP) for legal services on January
7, 2015, and
WHEREAS, the following four proposals were received:
• Mariette Geldenhuys;
• Richard Ruwsick;
• Sharon Sulimowic;
• Pannone, Lopes, Devereau & West, LLC, and
WHEREAS, the IURA currently contracts with Mariette Geldenhuys and Richard Ruswick
for legal services, and
WHEREAS, Richard Ruswick submitted a proposal to continue providing legal services to
the IURA at a maximum billing rate of $185 per hour, and
WHEREAS, the IURA staff is satisfied with the quality of legal services provided by
Geldenhuys, and
WHEREAS, IURA staff reviewed the proposals against the RFP criteria and recommends
selection of Richard Ruswick, and
WHEREAS, the 2015 IURA budget recommended a total authorized contract amount of
$23,000 for general legal services, and
WHEREAS, the IURA Governance Committee reviewed this matter at its February 20,
2015 meeting and recommended 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 Richard
Ruswick, Attorney at Law, at a maximum hourly rate of $185 per hour with the total
amount not to exceed $2,000, subject to an exclusion on the cap for legal services on
any low‐income housing tax credit project where the borrower agrees to pay the IURA’s
legal costs, 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.
IURA GC Minutes
February 20, 2015
Page 4 of 14
2015 Procurement of Independent Legal Services: Sulimowicz
WHEREAS, in accordance with IURA procurement policy and regulations contained in
24 CFR §85.36, the IURA issued a Request for Proposals (RFP) for legal services on
January 7, 2015, and
WHEREAS, the following four proposals were received:
• Mariette Geldenhuys;
• Richard Ruwsick;
• Sharon Sulimowicz;
• Pannone, Lopes, Devereau & West, LLC, and
WHEREAS, the IURA currently contracts with Mariette Geldenhuys and Richard
Ruswick for legal services, and
WHEREAS, Sharon Sulimowicz submitted a proposal to continue providing legal
services to the IURA at a maximum billing rate of $200 per hour, and
WHEREAS, the IURA staff is interested to diversify contracted legal services, and
WHEREAS, IURA staff reviewed the proposals against the RFP criteria and recommends
selection of Sharon Sulimowicz, and
WHEREAS, the 2015 IURA budget recommended a total authorized contract amount of
$23,000 for general legal services, and
WHEREAS, the IURA Governance Committee reviewed this matter at its February 20,
2015 meeting and recommended 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 Richard
Ruswick, Attorney at Law, at a maximum hourly rate of $200 per hour with the total
amount not to exceed $3,000, subject to an exclusion from the cap for legal services
on a low‐income housing tax credit syndicated project when the borrower agrees to
pay the IURA’s legal costs, 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 4‐0
IURA GC Minutes
February 20, 2015
Page 5 of 14
Bohn explained that IURA staff would like to always have at least two attorneys
available, in case a conflict of interest arises.
Cummings noted she is curious about the Sharon Sulimowicz proposal and what her
credentials are. Bohn replied that Community Development Planner Lynn Truame has
some experience with the firm and was impressed with them.
Rosario asked about the fourth proposal that was received. Bohn replied that IURA staff
did express interest in it; however, since the attorney is not yet admitted to the New
York State Bar, a Senior Partner would have had to review his work, which would have
been more expensive.
Cummings asked if there may be a problem with Sharon Sulimowicz, since Ithaca
Neighborhood Housing Services (INHS) was one of her clients. Bohn replied that the
IURA may simply not be able to use her services for an INHS project. IURA staff would
have to investigate what that work with INHS has involved. It may be that INHS was just
a prior client.
2. Community Development Consulting Services
Schlather moved, seconded by Whitmore:
2015 Procurement of Independent Consultant Services: H. Sicherman & Co., Inc.
WHEREAS, in accordance with IURA procurement policy and regulations contained at
24 CFR §85.36 the IURA issued a Request for Proposals (RFP) for community
development consulting services, including loan underwriting services, on January 9 ,
2015, and
WHEREAS, the RFP resulted in receipt of one proposal from H. Sicherman & Co., Inc.,
and
WHEREAS, the IURA currently contracts with H. Sicherman & Co., Inc. for community
development consulting services, and
WHEREAS, H. Sicherman & Co., Inc. submitted a proposal to continue providing
community development consulting services at a maximum hourly rate of $164/hour,
with loan underwriting services provided at $135/hour, and
IURA GC Minutes
February 20, 2015
Page 6 of 14
WHEREAS, the IURA staff is highly satisfied with the quality of services provided by
Sicherman, and
WHEREAS, the 2014 IURA budget recommended a total authorized contract amount of
$12,000 for community development consulting services; 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 $164 per hour with
the total amount not to exceed $12,000, 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 4‐0
3. Minute‐Taking Services
― EXECUTIVE SESSION ―
Schlather moved, seconded by Cummings, to open the Executive Session at 9:04 a.m.
Carried Unanimously 4‐0
Cummings moved, Whitmore seconded by, to close the Executive Session at 9:12 a.m.
Carried Unanimously 4‐0
No action was taken in the Executive Session.
Whitmore moved, seconded by Schlather:
2015 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, 2015, and
WHEREAS, Pyott has submitted a proposal to continue to provide minute‐taking
services at a rate of $18.35 per hour, a 1.9% increase from 2014 rates, and
IURA GC Minutes
February 20, 2015
Page 7 of 14
WHEREAS, the IURA staff is highly satisfied with Pyott’s performance, and
WHEREAS, the 2014 IURA budget recommends an authorized amount of $5,000 for
minute taking services; now, therefore be it, and
WHEREAS, at their February 20, 2015 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 $18.35 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 4‐0
B. HUD Entitlement Program
1. 210 Hancock Street Mixed‐Use Project (INHS)
Bohn noted the Committee needs to discuss deferring Lead Agency status to the
Planning and Development Board for the environmental review of the project. If the
IURA does not agree to defer it, the State Department of Environmental Conservation
(DEC) would need to make that decision.
Cummings noted she attended several of the project’s community open house
meetings. INHS did a fantastic job of gathering public input and the meetings were well‐
attended ― however, she personally preferred the project design that was not selected.
While the proposed design seems to have garnered more neighborhood support in
terms of the people who attended the meetings, she suspects that may not be entirely
representative of the surrounding community. Cummings asked if there is any way to
have a dual Lead Agency process, conducted by both the Planning Board and the IURA,
since IURA has so much experience reviewing this kind of project.
Cornish responded the IURA could still be an involved agency, with multiple
opportunities to provide its feedback to the Planning Board, but there can only be a
single Lead Agency. All the project documents would be distributed to the IURA for
comment.
IURA GC Minutes
February 20, 2015
Page 8 of 14
Cummings remarked she does not believe the project should go to the Planning Board,
before the IURA has had the opportunity to review it. The IURA should have the chance
to provide as much input as possible, before the Planning Board reviews it.
Bohn remarked that the IURA was able to review and discuss the two design proposals
at its last meeting. There was considerable discussion about the project at that
meeting, including some of the same issues Cummings has brought up (e.g., the extent
of the project’s integration with the rest of the community).
Cummings noted the current proposed design seems like a workable plan, but she still
has some concerns/suggestions (e.g., increasing the number of entrances to the project,
and making the buildings appear less homogeneous; the disjuncture between the more
modestly sized townhomes and the large imposing multi‐family building; creating more
amenity spaces, greenspaces, benches, etc.). She is particularly concerned with the
impact of the large multi‐family building. Once the project is subject to environmental
review, she is worried there would be pressure to expedite the approval process.
Bohn responded at least some of Cummings’ concerns could be addressed through
design modifications during Site Plan Review.
Nicholas stressed that the project design is still early in its development. Planning staff
certainly anticipates changes would be made. The kinds of community character‐
related concerns Cummings raised would be one of the primary issues the Planning
Board would address.
Bohn asked what opportunities there would be for the IURA to inform the final design.
Nicholas replied that all involved agencies are informed of each step in the
environmental review process. The IURA would receive all the information the Planning
Board itself receives and be able to comment on it. Involved agencies are also free to
adopt their own findings, if they differ from the Planning Board’s. The Planning Board is
committed to reviewing involved agency comments and incorporating them into the
review process.
Cummings remarked it would still leave the IURA as a secondary source of input on the
project. She recalled that the IURA has reviewed past projects and made verbal
recommendations that did not appear to have any real bearing on the results of the
process.
IURA GC Minutes
February 20, 2015
Page 9 of 14
Nicholas remarked there cannot be two Lead Agencies; however, she stressed that any
comments from an involved agency would most likely be incorporated into the
environmental review. The Lead Agency also has the option of extending the review
process, if an involved agency has persistent concerns about the project.
Cummings responded that she would like to ensure that the IURA could submit written
comments.
Whitmore asked what would happen if the IURA disputed the Planning Board’s Lead
Agency status. Bohn replied it would be unconventional and it would likely complicate
the review process (e.g., adhering to the review timeline and coordinating with other
involved agencies).
Cummings noted she would just like to ensure the IURA has the opportunity to provide
the greatest degree of input into the project at the front‐end of the process.
Whitmore moved, seconded by Schlather:
Consent to Lead Agency Designation for 210 Hancock Street Project
WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and
Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead
agency be established for conducting environmental review of projects in
accordance with local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility
for approving and funding or carrying out the action, and
WHEREAS, the City of Ithaca Planning and Development Board has one pending
application for site plan approval for redevelopment of 210 Hancock Street from
Ithaca Neighborhood Housing Services, Inc., and
WHEREAS, the Planning Board is anticipated to seek to act as lead agency for the
environmental review of a proposed site plan for the 210 Hancock St. project, and
WHEREAS, the applicant is proposing to construct a mix of approximately 50
apartments, 12 forsale townhouses and 8,500 square feet of commercial lease space
on a 2‐acre parcel located in the B‐2a zoning district, and
IURA GC Minutes
February 20, 2015
Page 10 of 14
WHEREAS, the project is a Type I Action §176‐4(h)[2], (k), and (n) under the City of
Ithaca Environmental Quality Review Ordinance and the State Environmental Quality
Review Act and is subject to environmental review and a variances for height and
parking, and
WHEREAS, if the IURA consents to lead agency designation of the Planning Board the
IURA will maintain the status of an Involved Agency for the environmental review of
this action, and
WHEREAS, it is appropriate for an Involved Agency to provide the Lead Agency with
observations and concerns about the potential environmental impact of the
proposed action, especially comments relating to the IURA’s area of expertise, and
WHEREAS, at their February 20, 2015 meeting, the IURA Governance Committee
commented on the extensive and well‐designed INHS community engagement
process for this project and briefly discussed the resulting preferred schematic
design, and
WHEREAS, the IURA Governance Committee supports further refinement of the
schematic plan to enhance integration of the proposed project into its surrounding
neighborhood, especially regarding the 4‐story buildings along First Street; now,
therefore, be it
RESOLVED, that the IURA hereby consents to the designation of the City of Ithaca
Planning & Development Board as lead agency for the environmental review of the
proposed redevelopment of 210 Hancock Street, and be it further
RESOLVED, that the IURA Neighborhood Investment Committee is hereby requested
to review the Full Environmental Assessment Form (FEAF) for this project and
develop draft comments, if appropriate, to mitigate any potential negative
environmental impacts of the proposed project for possible communication to the
Lead Agency.
Carried Unanimously 4‐0
1. Natural Leaders Initiative’s Job Readiness Internship program (#16, 2013) ―
Request for Schedule Extension
Rosario explained that extenuating personal circumstances prevented the program from
expending its funding in the originally allotted timeframe.
IURA GC Minutes
February 20, 2015
Page 11 of 14
Cummings moved, seconded by Whitmore:
Amend Funding Contract for Cornell Cooperative Extension’s
Natural Leaders Initiative Program (2013 Project #16)
WHEREAS, Cornell Cooperative Extension received funding as part of the 2013
Action Plan for an employment readiness program, and
WHEREAS, the Program, as originally designed, was intended to use CDBG funds to
provide training, support, and mentorship for four Natural Leaders Initiative (NLI)
graduates to serve as Program Assistants and develop job readiness skills, and
WHEREAS, four NLI graduates have successfully completed the Program and
received the planned services, and
WHEREAS, due to personal circumstances, three of the original participants
completed fewer Program hours than originally anticipated, leaving a surplus of
unexpended funds in the amount of $2,928.14 as of December 31, 2014, the
expiration of the contract period, and
WHEREAS, the staff of NLI have requested an extension to the contract to allow the
spend down of these remaining funds, which will be utilized to provide services to a
fifth Program participant, and
WHEREAS, this request was not received in time to be formally voted on at the
February 13, 2015, Neighborhood Investment Committee meeting, but was
discussed by that committee and recommended for approval, and
WHEREAS, the Governance Committee has reviewed the request and the NIC
recommendation at their February 20, 2015 meeting and recommended the
following, now, therefore be it
RESOLVED, that the IURA hereby approves the request to extend the end date of the
contract to August 31, 2015 with Cornell Cooperative Extension for the Natural
Leaders Initiative Program (2013 project #16), and be it further
RESOLVED, that the IURA has determined that this action does not constitute a
Substantial Program Amendment under the Citizen Participation Plan of the City of
Ithaca, and as such does not require a public hearing or approval of Common
Council, and be it further
IURA GC Minutes
February 20, 2015
Page 12 of 14
RESOLVED, that the IURA Chairperson, upon advice of the IURA Attorney, is hereby
authorized to execute all necessary and appropriate documents to implement this
resolution.
Carried 3‐0, Schlather Abstaining
2. Southside Community Center Gym Acoustics ― Award of Construction Contract (#4,
2013)
Bohn explained that the Southside Community Center asked that this action be brought
to the IURA. The project comprises improving the sound quality of the gym, which the
IURA would implement itself. The proposals are not due until next Wednesday, so there
is not enough information to draft a resolution. Bohn asked if the Committee would like
to authorize his bringing the awarded contract to the IURA for approval (including
possible approval of surplus funds to pay for it). There were no objections.
3. 2015 Funding Allocation Levels for CDBG and HOME Programs Report
Bohn explained that there is a 1% reduction in CDGB funding compared to the previous
year, which is a comparatively good outcome ― however, there was a 17% reduction in
HOME funding. Bohn asked HUD why the reduction was 10% nationally, but 17% for
Ithaca, but HUD‐Buffalo staff did not appear to know. IURA staff will follow up and try
to determine the answer. The HOME funding figure continues to decrease year‐by‐year.
IURA GC Minutes
February 20, 2015
Page 13 of 14
VI. Other Business
A. IURA Strategic Planning Discussion
Bohn indicated he did not have much opportunity to continue working on this item, so
there is little new information.
Cummings remarked that one of the most encouraging suggestions she heard was to
reallocate the Community Development Revolving Loan Fund (CD‐RLF). She asked if
there were any projects that could benefit from that. Bohn replied, the 210 Hancock
Street project would be one of them.
Cummings asked what interest rate the IURA would receive for the loan. Bohn replied it
would amount to roughly $25,000, which could be applied to IURA administrative costs.
He explained that the one constraint with CD‐RLF is that repayments are treated as
Program Income, so the IURA could only use 20% of the repayment and the remainder
would need to be returned to the funding pool.
Cummings wondered if it is really still the case that foundation grants do not generally
provide much, if anything, in terms of general operating funds. Bohn replied that staff
has been searching for grant opportunities, but federal domestic funding opportunities
are diminishing. Energy‐ and sustainability‐oriented grants may be the one exception to
that rule.
Schlather remarked that many foundations have begun to understand the need for
operating funds, but not other major funders. The Human Services Coalition (HSC), for
example, receives a lot of Health Department funds, but each grant comes with
peculiarities about what can and cannot be funded. ‘Medicaid redesign’ programs could
bring funds into the community. She added that private foundations are beginning to
seek to fund more long‐term projects.
C. Review of IURA Financials: January 2015
Bohn remarked that the Immigrant Services program has been completed. All the
projects listed as not on schedule are making progress.
Bohn noted the required expenditure milestone for the year has already been
completed. The loan and lease payments are in good shape. The State Theatre is
lagging, but that is not uncommon in its slower ticket sales months.
IURA GC Minutes
February 20, 2015
Page 14 of 14
D. Project Updates & Staff Report
Bohn reported that the auditors completed their audit last week. They complimented
IURA staff on the state of the documents they reviewed and the fact that no
adjustments were required.
Bohn remarked that the IURA received an inquiry into the acquisition of its Cherry Street
property by an employer seeking to relocate 250 employees into a one‐story campus
setting one the entire 6 acres.
E. IURA & Common Council Actions of Interest to Governance Committee
No discussion.
F. Next Meeting: March 20, 2015
VII. Adjournment
The meeting was adjourned by consensus at 10:34 A.M.
— END —
Minutes prepared by C. Pyott, edited by N. Bohn.