HomeMy WebLinkAboutMN-IURAGOV-2015-01-21Approved: 2/20/15
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)
3:30 PM, Wednesday, January 21, 2015
Third Floor Conference Room, City Hall, Ithaca, NY
Present: Eric Rosario, Susan Cummings, Kathy Schlather
Excused: David Whitmore
Vacancy: 1
Staff: Nels Bohn, JoAnn Cornish, Lynn Truame, Charles Pyott
Guests: None.
I. Call to Order
Chairperson Rosario called the meeting to order at 3:42 P.M.
II. Agenda Additions/Deletions ― None.
III. Public Comments (3‐minute maximum per person) ― None.
IV. Review of Meeting Minutes: November 21, 2014
Schlather moved, seconded by Cummings, to approve the November 21, 2014 minutes,
with several minor modifications. Carried Unanimously 3‐0
Rosario remarked that at the last IURA meeting he reported on the Committee’s
discussion of the problem with the County’s rising property tax assessment on INHS
properties enrolled in the Community Housing Land Trust program at full market value
are making housing costs unaffordable for low/mod income homeowners.
Cummings recalled that INHS had suggested some kind of tax benefit to help address
the situation (requiring Common Council approval), although she does not remember
the details. Rosario responded he thought it related to LEED certification and tax‐
exempt status. Cummings indicated she would ask INHS about the details.
IURA GC Minutes
January 21, 2015
Page 2 of 8
V. New Business
A. 2014 HUD Entitlement Program ― Program Amendment #2 to 2014 Action Plan
Bohn explained that IURA staff noticed that if $10.90 of unallocated 2012 HOME funds
were not reallocated, it would be recaptured by HUD. IURA staff also noticed that the
NHI Bond funding allocated to “Project #1 – Community Housing Trust Construction”
should be reduced from $454,127 to $327,952 to reflect the elimination of funding for
the 315 First Street project (for which INHS was unable to acquire the property). The
table accompanying the draft resolution highlights the proposed changes to the Action
Plan.
Cummings asked how Catholic Charities has been performing, ever since concerns were
raised about its capacity to manage IURA programs. Bohn responded that its Security
Deposit program coordinator retired. It now has a new person, whom the IURA
Contracts Monitor has been training.
Truame added that the IURA Contracts Monitor performed frequent site visits, so that
the new program coordinator could fully understand all the requirements. That person
is actually overseeing the Housing Scholarships program.
Bohn observed that Catholic Charities’ Immigrant Services program remains robust.
Cummings moved, seconded by Schlather:
2014 Action Plan ― Program Amendment #2
WHEREAS, the IURA and Common Council adopted the 2014 Action Plan on May 22,
2014 and June 4, 2014, respectively and
WHEREAS, the IURA is authorized by the Citizen Participation Plan governing the HUD
Entitlement Grant program to adopt non‐substantive amendments to the Action
Plan, and
WHEREAS, $10.90 of 2012 unallocated HOME funds must be committed to a project
by July 2015, and
WHEREAS, IURA adoption of the Action Plan authorized an allocation of $454,127 to
Ithaca Neighborhood Housing Services, Inc. (INHS) to construct five affordable
homeownership units on scattered sites at 314 S. Plain St., 214 Second St. 203 Third
St. and 315 First St., and
IURA GC Minutes
January 21, 2015
Page 3 of 8
WHEREAS, the INHS was unable to secure site control for 315 First St. and
WHEREAS, the Governance Committee reviewed this matter at its January 21, 2015
meeting and recommended the following; now, therefore, be it
RESOLVED, that the Ithaca Urban Renewal Agency hereby approves the following
non‐substantive program amendment to the 2014 Action Plan:
• Allocation $10.90 of unallocated 2012 HOME funds to Project #5, Housing
Scholarship Program, and
• Reduce NHI Bond funding allocated to Project #1 – Community Housing Trust
Construction – from $454,127 to $327,952 to eliminate funding for the 315 First
St. project site that was unable to be acquired by INHS and modify the project
outcome to construction of 8 affordable homeownership housing units.
Carried Unanimously 3‐0
Bohn recounted that County Administrator Joe Mareane recently requested a meeting
to review the City’s process for handling sales of tax‐delinquent properties. He was
interested in seeing how the County might follow the City’s example.
At that meeting, the City discussed its process for determining what, if any, properties
should be withheld from public auctions (e.g., properties that could be put to good
public use). Bohn noted there has never been an occasion when the City did not receive
taxes due from a property auction.
Bohn noted the City’s focus has been to consider the long‐term benefits associated with
withholding a property from public auction. Because of the nature of real property tax
law, there is only a small window of opportunity (generally from late March to
sometime in June) for the City to transfer a given property, without being subject to
extensive procedures and restrictions. Bohn indicated that typically once the list of
delinquent properties is finalized, the City takes immediate ownership through a tax
deed. Once the City owns the property, it becomes entirely responsible for it.
The County asked why the City pulls certain properties out public auctions. One
instance is an owner‐occupied residence located in a neighborhood where maintaining a
balance of owner‐occupied homes is important to provide neighborhood stability.
Properties acquired through auction typically are converted to rental housing because
title insurance companies seek a cure period of approximately 24 months to ensure
there won’t be any claims of liens on tax‐foreclosed properties before issuing title
insurance.
IURA GC Minutes
January 21, 2015
Page 4 of 8
Bohn noted another reason the City may pull a property from public auction would be if
it has been officially cited as sub‐standard by the Building Division, since a public auction
is no guarantee that situation would necessarily be resolved. Finally, Bohn noted, given
the city’s diminishing affordable housing stock, the City may choose to sign a purchase
agreement, on the condition the property would be converted to affordable housing,
which usually involves an IURA subsidy (and a subsidy from the Cornell‐City housing
fund).
Bohn indicated the County intends to take the information it received from the City and
determine if it is appropriate to apply to County tax‐foreclosed properties. Bohn noted
that one problem with the prospect of a County‐wide program would be that, while the
City has dense neighborhoods where the state of a given property has considerable
impact on its neighboring properties, that is not necessarily the case outside the City.
Another issue is that while City properties have 2 years before they are considered to be
in default, the County has 3 years ― so properties will usually default first to the City,
and not the County unless they have entered into an installment payment plan.
Cummings asked if there were a way the County could find a way to treat rural
properties differently from urban properties. While it would be wonderful to assist the
County in this endeavor and begin to think about affordable home ownership on a
County‐wide basis, she would prefer not to see the County take ownership of City
properties. Bohn responded that the County is very interested in ensuring uniform
treatment. It has given every indication it would cooperate closely with the City on
properties located within the City.
Bohn indicated more discussion with the County is needed. It would also be helpful if
the City would generate a well‐defined policy statement identifying the goals it would
like to pursue regarding housing in general.
B. Public Authorities Accountability Act (PAAA) ― Policy Guidance Regarding Loans &
Grants for Municipalities/Public Benefit Corporations
Bohn explained the Authority Budget Office (ABO) was created to interpret and
implement the PAAA. The policy guidance appears to be trying to constrain the
authority of IDAs and public benefit corporations (PBCs). The ABO’s view is that PBCs
should not use their own money to make grants or loans, unless it explicitly falls within
the purview of their enabling legislation. Bohn noted that the chart with the yellow bars
categorizes IURA funding in terms of whether it is restricted or unrestricted. Most IURA
funds already fall within the restricted category, so there should be no issue with using
these funds for authorized loans and grants. Only the two highlighted categories could
potentially be affected by the ABO’s opinion.
IURA GC Minutes
January 21, 2015
Page 5 of 8
Rosario asked if the IURA is at risk of being singled out by the ABO. Bohn replied that in
order to comply the IURA would simply not use the funds in question for outright grants
or loans. IURA funds have been used for other uses in the past (e.g., staffing, property
purchases, etc…).
Cummings asked if one way to handle the restriction would be to build the IURA in as
part of the contract. The IURA could serve as both recipient and grantee (i.e., in the
same way that consultant services are funded). Bohn responded he does not think the
IURA could be both recipient and grantee.
Bohn stressed that the ABO opinion is only guidance at this point and has not been fully
fleshed out. He noted the other goal of the guidance is to ensure that PBCs follow
municipal procurement rules, which generally involves ensuring prevailing wage rates
are used for all projects.
Cummings observed the following language seems ambigious: “A state and local
authority (other than an industrial development agency) formed as public benefit
corporation may not award grants or issue loans of its own funds unless such power is
expressly permitted in its enabling statute.”
Bohn responded that IURA legal counsel indicated it is not particularly well‐crafted or
well‐organized guidance in regards to citing specific statutes. It would make sense to
wait and see what future clarification may take place.
Cummings asked what impact it would have on the IURA’s use of bond funds. Bohn
replied that is probably the most ambiguous area of potential impact; however, the
IURA did consult Bond Counsel and the bonds are considered a legitimate use as a
demonstration project to undertake an urban renewal program, so it would certainly
seem to meet the provisions of IURA’s statutory authority.
VI. Other Business
A. Future Funding Opportunities & Strategic Planning Discussion
Rosario noted that the crux of the problem is summed up in Bohn’s memorandum, as
follows:
“Continued reduction in federal funding support for the CDBG and HOME program
will create an IURA budget gap of $75K‐$100K/year in five years unless new
revenues or savings are identified.”
IURA GC Minutes
January 21, 2015
Page 6 of 8
Cummings remarked that the IURA’s argument would be strengthened by citing
concrete examples of the massive loss to the community as a result of the reduction in
federal funding ― keeping in mind that administrative/operating costs only represent a
fraction of the total loss to the community.
Bohn noted the principal challenge will be identify revenue sources that also advance
the IURA mission.
Cummings suggested changing the sequence of the “Agency’s major resources” listed.
Bohn noted that part of any future funding strategy would require shifting the IURA’s
principal focus from being a grant funder to playing other types of roles. There are
numerous options for generating revenue. Bohn explained that his document does not
place too much focus on pursuing grants, since they do not usually provide many
resources for funding staff; they are more project‐oriented.
He indicated the highlighted initiatives appear to offer the greatest opportunity for
generating new revenue streams to support IURA staff/operating expenses.
Cummings suggested there should probably be two separate lists: one for
administrative/operating needs; and one for things that are critical to our community
and that the IURA/city would be very excited about.
Bohn noted that one large potential source of funding listed under Grant Applications
would be the “NYS Opportunity Agenda” and the $1.5 Billion Upstate NY Economic
Revitalization Competition. Some discussion of this has already taken place with TCAD,
Tompkins County, etc.
Cummings asked if the focus for the $1.5 billion in funding is job‐generating projects.
Bohn replied, yes, but it also appears to focus on community investment.
Cummings asked who would be actually be tasked with identifying and pursuing the
funding opportunities on a day‐to‐day basis. Bohn replied that one reason the City
authorized the IURA to retain a portion of loan repayments from the sale of Cayuga
Green property was the understanding that IURA staff provide services to the City in the
areas of grant development, economic development, affordable housing, parking policy,
and brownfield remediation.
IURA GC Minutes
January 21, 2015
Page 7 of 8
Cummings announced she recently read an article about how Vermont’s Jay Peak and
Burke Mountain resorts will receive more than $325 million in EB‐5 visa funds that will
transform their local economy. She would be interested in identifying something that
would have that same kind of impact.
Bohn reiterated that many grants tend to be tied to a specific project and do not usually
provide staffing funds. Some sustainability‐oriented programs do fund staffing; and
sometimes that would match up with what the IURA does and sometimes it would not.
Truame suggested another possible option would be tax‐credit projects, but they are
generally very limited by the range between what the IURA would charge vs. what most
investors would demand.
Bohn noted one item not included in his memo is public‐private partnerships. If the
IURA could approach one of the local higher‐learning institutions, there may be an
opportunity for collaboration (e.g., a downtown project).
Schlather suggested identifying a way of using New York State Department of Health
Balancing Incentive Program (BIP) Innovation Fund funding, the way the Cayuga Medical
Center does. (BIP seeks to increase the number of Medicaid beneficiaries receiving
long‐term care services in home and community‐based settings and decrease those in
skilled nursing and acute‐care settings, such as the emergency room.) Perhaps some of
those kinds of programs could be connected to the downtown area. Cornish noted that
could possibly dovetail with the type of work the new Commons Outreach Coordinator
will be doing.
Rosario asked Schlather to provide the Committee with more information.
Rosario noted it will be important to identify other agencies like the IURA that are doing
an effective job in addressing the same kinds of funding challenges.
B. Review of IURA Financials ― December 2014
Bohn explained that the formerly lagging grant projects are now well‐positioned to
moved forward. All leases are current.
C. Project Updates
None.
D. IURA & Common Council Actions of Interest to Committee
None.
IURA GC Minutes
January 21, 2015
Page 8 of 8
E. Next Meeting: February 20, 2015
VII. Adjournment
The meeting was adjourned by consensus at 5:14 P.M.
— END —
Minutes prepared by C. Pyott, edited by N. Bohn.