HomeMy WebLinkAboutMN-IURAGOV-2015-08-21Approved: 10/16/15
108 E. Green Street
Ithaca, New York 14850
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MINUTES
ITHACA URBAN RENEWAL AGENCY
Governance Committee (GC)
8:30 AM, Friday, August 21, 2015
Third Floor Conference Room, City Hall, Ithaca, NY
Present: Eric Rosario, Susan Cummings, Kathy Schlather, David Whitmore
Excused: None
Vacancy: 1
Staff: Nels Bohn, JoAnn Cornish, Charles Pyott
Guests: None.
I. Call to Order
Chairperson Rosario called the meeting to order at 8:41 A.M.
II. Agenda Additions/Deletions
None.
III. Public Comments (3‐minute maximum per person) ― None.
IV. Review of Meeting Minutes: May 15, 2015
Schlather moved, seconded by Cummings, to approve the May 15, 2015 minutes, with
two minor modifications. Carried Unanimously 4‐0
Rosario remarked it would be helpful if there were some follow‐up to the Standard &
Poors letter that indicated the City should be on‐time with its annual audit. He would
like to bring that subject up with the IURA Board as a serious concern, to forestall any
negative potential impacts to the City’s credit rating/interest rate.
Cummings responded that for any follow‐up to carry weight, it should probably be in the
form of a formal written request (e.g., a letter, or resolution) sent to Common Council.
Ithaca
Urban
Renewal
Agency
IURA GC Minutes
August 21, 2015
Page 2 of 7
Rosario observed the Committee will meet before the IURA Board next month, so a
draft letter or other document could be ready for the Committee to review and forward
to the IURA Board at that time.
V. New Business
A. HUD Environmental Monitoring of CDBG & HOME Program Report
Rosario noted the Committee should review both: the July 23, 2015 HUD Buffalo Field
Office Regional Environmental Officer’s findings from the environmental monitoring of
IURA HOME and CDBG activities; and the City’s response to the findings.
Bohn explained that IURA Community Development Planner Lynn Truame has assumed
responsibility for the environmental review of CDBG and HOME programs. She
attended multiple training opportunities and has developed a good understanding of
the process/regulations. Bohn noted the original misunderstanding derived from the
erroneous assumption that the City’s City Environmental Quality Review (CEQR) process
substituted for the National Environmental Policy Act (NEPA) process. The principal
HUD finding is that the IURA relied almost entirely on the CEQR process for the 2013
Stone Quarry Apartments project. IURA staff did not conduct the necessary analysis to
demonstrate the project was thoroughly reviewed for all NEPA regulatory elements.
Bohn noted that prior to 2014 there were few on‐line technical resources available to
grantees to evaluate projects against checklist environmental issues and little HUD
environmental review training opportunities. IURA staff now has access to a
comprehensive database that provides considerable data on a variety of environmental
subjects, which was not available in 2013. The IURA should be well‐situated to perform
environmental reviews from this point forward.
Cummings asked about any implications of all this on the process for determining which
organization/agency/board should serve as Lead Agency for environmental review of a
given project. It seems some projects may require two separate, concurrent
environmental reviews.
Cornish replied that two separate environmental reviews should never be necessary.
The IURA would simply need to review the Planning and Development Board’s own
environmental reviews to ensure they comply with HUD requirements and augment the
review as necessary.
Bohn added that under HUD environmental regulations the grantee (City of Ithaca) is
ultimately responsible for the environmental review. At one point, IURA staff believed
the IURA could act as that agent and perform the review; however, it is the City that is
ultimately responsible for the process as the officially‐designated grantee. The City’s
IURA GC Minutes
August 21, 2015
Page 3 of 7
designated environmental officer, the Director of Planning & Development, would
therefore be charged with reviewing any environmental reviews conducted by the IURA,
and then either agree or disagree with those findings.
Cummings asked if there were any areas the IURA would not normally conduct an
environmental review for, but that it would still be obligated to oversee on some level.
Bohn replied, yes. He added that, while the CEQR process is its own separate review
process, the CEQR and NEPA processes overlap considerably.
Cummings asked at what stage citizens would have the opportunity to see and provide
input on an environmental review. Bohn replied that an opportunity for citizen review
is provided after the draft environmental review has been completed. Cummings
expressed concern with this — there should be some mechanism for collecting a
broader swath of input from the wider community. Bohn noted that projects within a
flood hazard area do have extra public notice requirements that invite comment occur
during development of the environmental review.
Bohn also noted the IURA will need to begin conducting its environmental reviews
earlier in the entire process than it has historically. It should need to initiate that
process before it even selects projects to fund, so any issues can be addressed before
the project moves forward toward funding. (This would make the most sense for large
projects, since they need to go through a larger number of steps.)
Cummings asked how responsible the IURA is for anticipating any unknown
environmental impacts of a project, even before they emerge (e.g., the noise‐related
impacts of the Argos Inn project). Bohn replied that the NEPA environmental review
process is very legalistic — if there are no documented objections to an environmental
review’s findings, then once the funds have been released, that concludes the process
and the IURA’s legal obligations.
Cornish stressed that the whole environmental review process should be fully
coordinated for all projects. The City’s CEQR process should not conflict with NEPA.
Cummings asked when the Ithaca Landmarks Preservation Commission (ILPC) would
become involved in the process. Cornish replied, if a project is in an Historic District,
then the ILPC is an Involved Agency. If a project is merely adjacent to an Historic
District, however, the ILPC would only serve in an advisory role. Bohn added that under
the NEPA process every project involving actual physical alterations/construction in an
Historic District would also be submitted to the State Historic Preservation Office (SHPO)
for advisory feedback.
IURA GC Minutes
August 21, 2015
Page 4 of 7
Rosario asked if the Committee could receive copies of the NEPA forms, so it can
familiarize itself with them. Bohn replied, yes. Cummings asked if Bohn could also
highlight some of the items on the forms that are not captured in the CEQR process.
Bohn replied, yes.
Cummings inquired into the IURA’s legal status vis‐à‐vis the Stone Quarry Apartments
project, given that HUD determined a full and accurate environmental review had not
been completed for that project. Bohn replied that the environmental review was
actually conducted again for that project, so there are no remaining legal or regulatory
issues associated with it. He added that the project owner completed the removal of
the contaminants and installed the necessary equipment, which were the final
conditions in the environmental review process.
B. Digitizing Pre‐2000 IURA Records
Bohn explained that the IURA converted all its documents to microfiche/microfilm, 10
years ago, and stored them in a secure location; however, staff has learned that the
ability to access and print those documents is very limited. IURA Contracts Monitor
René Funke recently conducted pricing comparisons for converting all those files to a
digital format.
Whitmore moved, seconded by Cummings:
Digitizing Pre‐2000 IURA Records
WHEREAS, the IURA converted all its documents to microfiche/microfilm, approximately
10 years ago, and stored them in a secure location, and
WHEREAS, IURA staff has subsequently learned that the ability to access and print those
documents is very limited, and
WHEREAS, IURA staff conducted pricing comparisons for converting all the
aforementioned files to a digital format, and
WHEREAS, the estimated project cost for the microfiche/microfilm conversion services
is $1,065.00; now, therefore, be it
RESOLVED, that the IURA hereby authorizes the procurement of Image Data to convert
pre‐2000 IURA records from microfilm to digital images at a cost of $0.33 per image and
an estimated project cost of $1,065.
Carried Unanimously 4‐0
IURA GC Minutes
August 21, 2015
Page 5 of 7
C. Interpretation of IURA Human Resources Manual: Employee Development
Discussion
Bohn explained that an IURA staff member has asked to pursue an employee‐directed
training opportunity to enroll in coursework at Tompkins Cortland Community College
(TC3). The IURA Human Resources Manual permits payment of staff’s tuition for up to 6
credits (see “K. EMPLOYEE DEVELOPMENT, Agency Initiated Training”). The staff person
is taking 3 classes, paying for one of them herself. TC3 charges every student a
technology fee of $60 per course; so the question is whether that fee should be paid for
by the employer or the employee. The language in the IURA Human Resources Manual
refers only to paying for “tuition.” On the other hand, the technology fee is a charge
every student is required to pay for every course at TC3.
Cummings indicated the language should state: “tuition and mandatory fees.” Rosario
agreed.
Bohn added that there is also the issue of an $18 fee specifically charged for web‐based
courses. For that charge, it would seem that it is the staff person’s decision whether to
enroll in a web‐based course, so it would not necessarily be something the IURA should
pay for.
Schlather disclosed her husband is a TC3 Trustee and she recused herself from the
discussion.
Bohn indicated the next time the IURA Human Resources Manual is revised, it will be
changed to reflect the aforementioned minor modification to the language of the policy
as recommended by Cumming.
Cummings noted she would very much like pursue an agreement with local
colleges/universities, asking them to cover tuition costs for City and IURA staff when
there is available space in a class. That would be one way those institutions could
support the City, at no cost to them. It is commonly done in other municipalities.
Bohn responded he could certainly speak with the Mayor and explore if there may be an
opportunity to pursue such an agreement.
D. Personnel Matter (possible Executive Session to discuss the medical, financial,
credit or employment history of a particular person or corporation, or matters leading
to the appointment, employment, promotion, demotion, discipline, suspension,
dismissal or removal of a particular person or corporation)
IURA GC Minutes
August 21, 2015
Page 6 of 7
― EXECUTIVE SESSION ―
Schlather moved, seconded by Whitmore, to open the Executive Session at 9:33 a.m.
Carried Unanimously 4‐0
Whitmore moved, seconded by Schlather, to close the Executive Session at 9:45 a.m.
Carried Unanimously 4‐0
No action was taken in the Executive Session.
(Whitmore departed at 9:48 a.m.)
VI. Other Business
A. Review of IURA Financials: July 2015
Bohn explained that a “Sponsor” column was added to the IURA Grants Summary, in an
attempt to track any projects/programs that are behind schedule. He reported that the
Housing First (Tompkins Community Action) program needs to be tracked, since it has
not spent any money. Staff understands that the program is operating with two
individuals housed at Second Wind Cottages, but that no formal request for funds has
yet been received yet.
Bohn remarked that the Southside Community Center’s (SCC) Gym Acoustics project
should be renamed “Security Camera” project. It will begin work next week. He also
reported the Ithaca Skatepark Renovation project is under construction.
Bohn noted that 2015 IURA activities will be added to the report, once formal
authorization is received from HUD.
Rosario observed the Art & Found no longer appears to be in business. Bohn replied
that its sales were not sufficient to pay its overhead/operating costs, partly due to
construction on The Commons. Bohn indicated he will follow up on his initial
communication to the owner, regarding the approx. $8,800 outstanding loan amount.
Bohn added that the State Theatre is also behind on its payments and he is following up
with them.
Bohn reported all lease payments are current.
IURA GC Minutes
August 21, 2015
Page 7 of 7
B. Protocol on Past Due Loans
Bohn reported that both the IURA Board and Economic Development Committee (EDC)
reviewed the IURA Protocol on Past Due Loans and adopted it.
C. Project Updates & Staff Report
The City Common Council also adopted its 2013 audit, approximately one year behind
schedule. Bohn noted the City’s auditor is scheduled to begin work on the 2014 City
audit in the next four weeks.
Bohn reported that Common Council voted to extend its support for the Tompkins
County Housing Affordability Fund and approve the City’s contribution of $100,000.
There seemed to be broad support for continuing the program.
Bohn also reported that the City has submitted a number of New York State
Consolidated Funding Application (CFA) proposals (e.g., for another TIGER application,
streetscape upgrades, relocation of Fire Station No. 9, upstream flood impact analysis,
etc.).
D. IURA & Common Council Actions of Interest to Governance Committee
Bohn noted the IURA Board approved the “Fair Housing Action Plan” report, including
responses and action items for each of the 10 impediments identified in the Analysis to
Fair Housing report prepared by the Tompkins County Office of Fair Housing. The
proposed action plan will now go to Common Council for consideration.
VII. Adjournment
The meeting was adjourned by consensus at 10:29 A.M.
— END —
Minutes prepared by C. Pyott, edited by N. Bohn.