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
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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
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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
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• 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
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• 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
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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
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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.