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HomeMy WebLinkAboutMN-IURAGOV-2022-01-21 108 E. Green St. Ithaca, NY 14850 (607) 274-6565 MEETING MINUTES ITHACA URBAN RENEWAL AGENCY GOVERNANCE COMMITTEE (GC) 9:00 A.M., Friday, January 21, 2022 Present: Eric Rosario, Chairperson; Kathy Schlather, Vice-Chairperson; David Whitmore Excused: Susan Cummings Vacancy: 1 Staff: Nels Bohn; Charles Pyott Guests: None I. Call to Order Chairperson Rosario called the meeting to order at 9:03 A.M. II. Agenda Additions/Deletions None. III. Verbal/Written Public Comments None. IV. Review of Meeting Minutes: October 8, 2021 Schlather moved, seconded by Whitmore to approve the meeting minutes, with no modifications. Carried Unanimously: 3-0 V. New Business A. Independent Contractors 1. 2nd Amendment to 2021 Legal Services Contract: Geldenhuys Rosario explained the resolution serves simply to amend the current contract for Mariette Geldenhuys, increasing it to $22,000. Geldenhuys has billed for numerous additional expenses related to CDBG-CV activities, as well as the Inlet Island and Green Street Garage development projects. The increase would not impact the IURA budget, since Levene, Gouldin, & Thompson, LLP never billed the IURA. Approved: 4/25/22 IURA GC Meeting Minutes January 21, 2022 Page 2 of 7 2 Whitmore moved, seconded by Schlather: 2nd Amendment to 2021 Legal Services Contract: Geldenhuys WHEREAS, the IURA executed a 2021 contract for independent contractor legal services with Mariette Geldenhuys, Attorney-at-Law, at a maximum hourly rate of $230 per hour with the total amount not to exceed $12,000, and WHEREAS, the annual legal services contract runs from March 1, 2021 to February 28, 2022, and WHEREAS, legal services associated with the Green Street Garage Urban Renewal Project required increased demand for IURA legal services, which were reimbursed from the City of Ithaca, and WHEREAS, the 1st amendment to the legal services contract increased the total contract amount not to exceed $22,000, and WHEREAS, current annual legal billing from Geldenhuys totals $23,975.26 through December 31, 2021, and WHEREAS, legal services associated with the Inlet Island Urban Renewal Project and contract review of CDBG-CV funded projects increased demand for legal services, and WHEREAS, the IURA is not anticipated to incur any legal expenses from Levene Goldin & Thompson whose IURA contract authorized up to $10,000 of legal services, and WHEREAS, the IURA Governance Committee reviewed this matter at its January 21, 2022 meeting and recommended the following; now, therefore, be it RESOLVED, that the IURA hereby approves Amendment #2 to the 2021 independent contractor agreement with Mariette Geldenhuys, Attorney at Law, to increase the total contract amount not to exceed $28,000, and be it further RESOLVED, that the IURA Chair, subject to review by IURA legal counsel, is authorized to execute an amended independent contractor agreement for legal services to implement this resolution. Carried Unanimously: 3-0 2. Selection of 2022 Independent Legal Services Contractors Rosario explained that all IURA independent services contracts will expire on February 28th. In response to its RFP, the IURA received six proposals for legal services, which staff evaluated and evaluated in the summary chart below. IURA GC Meeting Minutes January 21, 2022 Page 3 of 7 3 Bohn explained the IURA has authorized up to $25,000 of contracted legal expenses; however, as reflected in the 2022 budget, it is not anticipated that the full $25,000 would be expended. The authorized amount simply provides a cushion, so that IURA staff does not have to return to the IURA Board if expenses for a particular contract happens to go over-budget by $1,000 or more. The 2022 budget allocates $18,000 of the IURA’s own funds for legal expenses, but that does not include legal expenses anticipated to be paid by other parties. Bohn does expect the IURA’s 2022 legal services expenditures to approach $18,000. IURA staff has been very happy with the work and responsiveness of its two primary attorneys (Geldenhuys and Sulimowicz). Krin Flaherty was the City’s Associate City Attorney for 10 years and frequently interacted with the IURA on a number of projects, so she has considerable experience with the type of work the IURA engages in. Schlather remarked she likes that the three recommended attorneys are local, since she prefers to support local businesses whenever possible. Whitmore agreed. Rosario mentioned, although she could not attend today’s meeting, Cummings expressed enthusiasm about Whiteman Osterman & Hanna, LLP, because of their expertise and the fact that she has personally heard great things about their work. Rosario added, as the Committee probably recalls, Cummings has also expressed some reservations in the past about Mariette Geldenhuys, Attorney and Mediator. Whitmore moved, seconded by Schlather: 2022 Procurement of Independent Legal Services WHEREAS, the contracts for existing independent legal services expires on February 28, 2022, and WHEREAS, in accordance with IURA procurement policy and regulations contained in 2 CFR Part 200 for procurement of professional services, the IURA issued a Request for Proposals (RFP) for legal services, and WHEREAS, proposals were received from the following: • Mariette Geldenhuys, Attorney and Mediator • Krin Flaherty, Attorney at Law • Whiteman Osterman & Hanna, LLP IURA GC Meeting Minutes January 21, 2022 Page 4 of 7 4 • The Law Office of Sharon M. Sulimowicz • Goldberg Segalla • West Group Law, PLLC, and WHEREAS, the 2022 IURA budget authorized a total of $25,000 for legal services, and WHEREAS, on January 21, 2022, the Governance Committee reviewed the proposals against the RFP evaluation criteria and needs of the Agency and recommended the following; now, therefore, be it RESOLVED, that IURA Chair is hereby authorized, upon review of IURA legal counsel, to execute contract agreements for independent contractor legal services as follows: • Mariette Geldenhuys, Attorney and Mediator – up to $15,000 • The Law Office of Sharon M. Sulimowicz – up to $6,000 • Krin Flaherty – up to $4,000 And be it further RESOLVED, that should unanticipated legal issues arise beyond the expertise of the above firms, Whiteman Osterman & Hanna, LLP may be hired to perform special assignments without further competitive selection, 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. Selection of 2022 Independent Community Development Contractor Bohn explained only one proposal was received, although the IURA reached out to seven companies. (The IURA’s needs are so specialized, it does not typically receive many proposals.) Schlather moved, seconded by Whitmore: 2022 Procurement of Independent Community Development Consulting Services WHEREAS, the contract for independent community development consulting services, including loan underwriting, expires on February 28, 2022, and WHEREAS, in accordance with IURA procurement policy and regulations contained in 2 CFR Part 200 for procurement of professional services, the IURA issued a Request for Proposals (RFP) for community development consulting services, and WHEREAS, the RFP was publicly advertised in The Ithaca Journal and sent to the following firms: • Thoma Development • H. Sicherman & Company, Inc., dba as The Harrison Studio IURA GC Meeting Minutes January 21, 2022 Page 5 of 7 5 • Young & Associates • Holtmeyer & Monson • Simpson Consulting • WFN Consulting • Highland Planning, and WHEREAS, one proposal was received from H. Sicherman & Company, Inc., and WHEREAS, hourly rates for services include: • $185/hour – Harry Sicherman • $145/hour – Michael Thomas (loan underwriting) WHEREAS, the 2022 IURA budget authorized a total of $10,000 for community development and loan underwriting services, and WHEREAS, on January 21, 2022, the Governance Committee reviewed the proposals against the RFP evaluation criteria and needs of the Agency 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 agreement for community development consulting services with H. Sicherman & Company (dba The Harrison Studio) in an amount not to exceed $10,000, and be it further RESOLVED, that the source of such funds for community development consulting 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 B. Pay-Out of Accumulated IURA Compensatory Time Bohn explained the proposed resolution addresses the issue of payment for additional accrued compensatory time, associated with the IURA’s increased workload due to CDBG-CV and other recent projects. The IURA Accountant accumulated 224¼ hours of compensatory time. She works a 22-hour workweek, which made it difficult for her to complete the additional work without accruing compensatory time. Schlather suggested possibly discussing with the Accountant the prospect of increasing the number of hours per week she works, since 22 hours/week does not appear to be sufficient. Whitmore moved, seconded by Schlather: Pay-Out of 2021 Accrued Compensatory Time — Accountant WHEREAS, compensatory time is earned when a non-management IURA employee works additional hours beyond their normal work week, and IURA GC Meeting Minutes January 21, 2022 Page 6 of 7 6 WHEREAS, IURA Human Resources Manual policy regarding compensatory time provides employees with equal hours of time off, but recognizes that in time of particularly heavy workload, compensatory time may be paid in cash rather than time off, and WHEREAS, IURA policy further states that total accumulation under usual circumstances shall not exceed 80 hours and that any accumulation in excess of 80 hours will be reported to the Agency, and WHEREAS, the balances of accumulated compensatory time for non-exempt employees as of December 31, 2021, are: • Accountant – 224.25 hours • Contracts Monitor – 18 hours • Community Development Planner – 2.5 hours, and WHEREAS, workloads were particularly heavy in 2021 to manage one-time CDBG-CV funding for 17 additional projects, and WHEREAS, at separation of employment an employee must be paid for unused compensatory time, and WHEREAS, the Accountant works a 22-hour workweek, and WHEREAS, the Accountant prefers to be paid for all compensatory time accrued as of 12/31/21, rather than take time off, and WHEREAS, pay-out of the Accountant’s accrued compensatory time includes the following projected expenses: • $7,530.24 Payroll • $576.06 FICA • $891.69 Retirement • $8,997.99 Total WHEREAS, the IURA Governance Committee discussed this issue at their October 2021 and January 2022 meetings, and recommend the following; now, therefore, be it RESOLVED, that the IURA hereby approves pay out of 224.25 hours of compensatory time accumulated by the IURA Accountant as of 12/31/21, and be it further RESOLVED, that the source of funds shall derive from IURA local funds held in the #05 Non-CDBG account (Bank Account #511044275) that had a balance of $640,129 as of 1/19/22, and RESOLVED, that the Director of Community Development is hereby authorized to take any action to implement this resolution. Carried Unanimously: 3-0 IURA GC Meeting Minutes January 21, 2022 Page 7 of 7 7 VI. Other Business A. Review of IURA Financials: December 2021 Bohn reported the Grants Summary now includes 2021 HUD Entitlement Program projects. Most projects are progressing well, with a few exceptions (e.g., Salvation Army mortgage payment assistance project). The COVID-19 pandemic delayed the timely implementation of several projects (e.g., Hospitality Employment Training Program, ReUse Job Skills Training & Employment Connections, Work Preserve Job Placements & Readiness Program). The Economic Development Committee (EDC) recently recommended converting one year of Finger Lakes ReUse’s (FLRU) CDBG funding (2021 “ReUse Job Training for Career Pathways Program” │ $98,025.60) into a forgivable loan to assist FLRU to remain financially viable. Bohn reported all loans repayments are in good standing, except Diane’s Downtown Auto. All lease payments are also in good standing, except the Ithaca Farmers Market, which paid the City by mistake. B. IURA & Common Council Actions of Interest to Committee ― Report Bohn reported with Mayor Myrick’s recent resignation, the IURA will have a new Common Council Liaison: Rob Gearhart. The Mayor will be appointing Acting Mayor Laura Lewis to the IURA Board before he departs. Although Lewis will then become a voting IURA Board member, a new Chair will need to be appointed, since Lewis is overburdened with commitments at this time. C. Staff Report Bohn noted the meeting agenda materials include a draft “Response to Encampments on City Property” policy, which the Mayor had asked IURA staff to develop for Common Council consideration. Any feedback, input, or questions about it would be welcome. Bohn remarked the deadline for 2022 HUD Entitlement Program applications is Monday, January, 31, 2022. VII. Adjournment The meeting was adjourned by consensus at 9:52 A.M. — END — Minutes prepared by C. Pyott, edited by N. Bohn.