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Home My WebLink AboutMN-IURAGOV-2018-12-11Adopted on: 7/19/19 108 E. Green St. Ithaca, NY 14850 (607) 274-6565 MINUTES ITHACA URBAN RENEWAL AGENCY Governance Committee (GC) 8:30 A.M., Tuesday, December 11, 2018 Third Floor Conference Room, City Hall, Ithaca, NY Present: Eric Rosario, Chairperson; Kathy Schlather, Vice‐Chairperson; Susan Cummings; David Whitmore Excused: John Gutenberger Vacancy: None Staff: Nels Bohn, Charles Pyott Guests: None I. Call to Order Chairperson Rosario called the meeting to order at 8:40 A.M. II. Agenda Additions/Deletions None. III. Public Comments (3‐minute maximum per person) None. IV. Review of Meeting Minutes: July 20, 2018 Schlather moved, seconded by Whitmore, to approve the July 20, 2018 meeting minutes, with no modifications. . Carried Unanimously 4‐0 V. New Business A. Adoption of FY2019 IURA Budget Rosario remarked the New York State Authorities Budget Office (ABO) required a draft budget to be submitted earlier in the year, so that draft version was already approved by the IURA Board. The Committee now needs to review the draft budget in detail and approve a final version. IURA GC Minutes December 11, 2018 Page 2 of 11 Bohn explained the total draft FY2019 budget represents a modest 1% increase from 2018, primarily because health insurance premiums only increased 1.5% for single plans and 1.9% for family plans. The budget also includes a 2% Consumer Price Index (CPI) staff salary increase. The overall total staff benefits budget decreased slightly from last year, since the 2018 budget estimated higher health insurance premium costs. The FY2019 legal services budget increased a little, primarily related to the continued need for annual renewal of Neighborhood Housing Initiative (NHI) Bond Anticipation Notes (BAN). It was expected the IURA would no longer need to pay that expense by this time; however, the BAN is held and maintained by the City, which only makes payments in small increments. City Controller Steve Thayer has agreed to increase the amount the City pays each year. Cummings asked if IURA staff could produce more current figures for the blue “YTD 8/31/2018” columns. Bohn replied, yes. Bohn noted the IURA originally projected it would receive a total of $1,417,162 in revenue in 2018, but it appears that figure will turn out to be higher by $50,000‐$70,000. It is projected the IURA will use $380,993 for the FY2019 administrative budget, taken from various revenue pools. The 2018 HUD funding increase helped bolster the IURA’s financial position, although he would level‐funding from HUD in 2019. Cummings suggested the IURA/City conduct targeted lobbying efforts to increase HUD funding as much as possible. Bohn replied the opportunity for that has probably passed for the coming 2019 budget year, but he could certainly investigate ways to do that. Whitmore moved, seconded by Schlather: Adoption of FY2019 IURA Administrative Budget WHEREAS, the IURA desires to annually adopt an administrative budget to guide expenditures and manage financial resources of the IURA, and WHEREAS, New York State law governing public authorities requires submission of a proposed budget 60 days prior to the start of the next fiscal year, and WHEREAS, the IURA budget is due to be submitted to the New York State Authorities Budget Office (ABO) by November 1st of each year, and WHEREAS, the IURA Governance Committee reviewed this matter at their December 11, 2018 meeting and recommended the following; now, therefore, be it RESOLVED, that the IURA hereby adopts the FY2019 IURA Administrative Budget, dated 10/19/18. Carried Unanimously 4‐0 IURA GC Minutes December 11, 2018 Page 3 of 11 IURA GC Minutes December 11, 2018 Page 4 of 11 IURA GC Minutes December 11, 2018 Page 5 of 11 (CONTINUED ON NEXT PAGE) IURA GC Minutes December 11, 2018 Page 6 of 11 IURA GC Minutes December 11, 2018 Page 7 of 11 B. Adoption of IURA Sexual Harassment Prevention Policy Bohn explained the proposed policy is required by New York State and is based on the New York Conference of Mayors’ (NYCOM) model. A revised version of the draft policy was subsequently proposed, after the meeting agenda packet was produced, which included some additional language (e.g., “If the alleged sexual harassment behavior involves the Director of Community Development or the IURA Executive Director, such behavior should be reported to the Mayor for the City of Ithaca.”). Training will be conducted for both City and IURA staff in January 2019. The Sexual Harassment Complaint Reporting Form will be posted to the IURA web site. Schlather suggested the reporting process include a third person, situated outside the immediate IURA staff environment (e.g., IURA Board Chair), in addition to the IURA Director and IURA Community Development Planner. Cummings noted the language on page 3 could conceivably be construed to mean non‐sexual physical contact (e.g., hugging) is prohibited. She suggested adding some kind of qualifier, so that perfectly benign physical gestures are not categorized as sexual. IURA GC Minutes December 11, 2018 Page 8 of 11 Whitmore responded the IURA should probably discourage acts of physical affection, since they can so easily be misconstrued. Schlather added the IURA may also open itself up to legal liability, if it makes its standard less strict. Bohn observed the top of the page does specifically mention “unwelcome conduct.” Whitmore suggested adding the term “unwelcome” to the beginning of the second bullet under the “Examples of Sexual Harassment” heading. No objections were raised. Whitmore moved, seconded by Schlather: IURA Sexual Harassment Prevention Policy WHEREAS, every employer in New York State is required to adopt a sexual harassment prevention policy, and WHEREAS, such policy must:  clearly state that sexual harassment is considered a form of employee misconduct;  provide examples of prohibited conduct;  include a complaint form;  include a procedure for timely and confidential investigation of complaints that ensures due process for all parties;  clearly state that retaliation against individuals who complain of sexual harassment or who testify or assist in any investigation or proceedings involving sexual harassment is unlawful; and WHEREAS, such policy ensures that IURA officials and employees are informed of their rights and responsibilities regarding prevention of sexual harassment, and WHEREAS, the IURA desires to adopt a sexual harassment prevention policy, and WHEREAS, at its December 11, 2018 meeting, the IURA Governance Committee considered this matter and recommended the following; now, therefore, be it RESOLVED, that the IURA hereby adopts the IURA Sexual Harassment Prevention Policy , dated December 7, 2018, and be it further IURA GC Minutes December 11, 2018 Page 9 of 11 RESOLVED, that the IURA Director of Community Development is directed to distribute the policy to all IURA employees, Agency members and IURA committee members, and be it further RESOLVED, that the IURA Director of Community Development request each employee, Agency member and IURA Committee member to acknowledge of receipt of the IURA Sexual Harassment Prevention Policy. Carried Unanimously 4‐0 C. PY2017 Consolidated Annual Performance & Evaluation Report (CAPER) Review Bohn explained the lengthy report is required to be submitted to HUD annually (90 days after the end of the program year) to report on the IURA’s progress in pursuing its Consolidated Plan and Action Plan goals, by comparing proposed vs. actual outcomes. Schlather wondered about how best to study the long‐term historical outlook of IURA activities and whether there are any specific policy areas, or types of projects, the IURA should focus on. Bohn replied the IURA already produces a 5‐year Consolidated Plan, in addition to its annual Action Plans, which may serve as a better tool for both analyzing past IURA accomplishments and projecting into the future. VI. Old Business A. NYS CDBG Program Income Revised Policy Report Bohn explained the IURA participated in the Small Cities CDBG program in 2000, 2001, and 2003. It funded numerous programs over that Ɵme, only one of which produced Program Income ― a $665,000 loan to the Hilton Garden Hotel, which has been steadily repaid, accumulating $538,035 in unused funds for the IURA. The IURA either needs to commit that money by the State’s March 31, 2019 deadline or return it to the State. Funds would not have to be spent by March 31, 2019, but would need to be formally committed under contract. Both the IURA Board and Common Council approved allocating the $561,583 in Program Income to the following two projects: Cherry Street Industrial Park Road Extension Project $175,000 Construct approximately 400 ft. linear feet of public road at the end of Cherry Street extension. South Aurora Street (Rt. 96B) Sidewalk Extension Project $386,583 Construct continuous sidewalk on Route 96B from Hillview Place toward City/Town boundary. Cummings suggested the IURA identify an alternate project for the funds, in case the Emmy’s Organics relocation project is canceled, eliminating the need for the Cherry Street extension. She would personally advocate spending funds on dredging portions of Six Mile Creek to mitigate future flood risks. IURA GC Minutes December 11, 2018 Page 10 of 11 Bohn replied he generated a list of possible uses of the funds, which he could re‐examine and provide to the IURA Board. The IURA could also possibly provide Emmy’s Organics more funding to ensure that project remains feasible and moves forward. Cummings noted she is concerned the resolution as written will restrict the IURA to just those two projects. Bohn noted the IURA should know whether the Emmy’s Organics project will move forward by the end of the year. Rosario added the IURA could also contribute more funds to the South Aurora Street Sidewalk Extension Project, if the Emmy’s Organics project is canceled. Bohn indicated he will research potential alternative uses of the funds. B. City of Ithaca FY2017 Financial Audit Report & HUD FY2017 Single Audit Report Letter Rosario observed it is encouraging to see that the City submitted its audit on time for the second year in a row. Bohn reported a 10/25/18 letter from HUD’s Buffalo Office contained the following findings on the City’s HOME and CDBG programs: “We have reviewed the Single Audit Report for the fiscal year and programs identified above. The report contains no Federal A ward Findings and one Financial Statement Finding concerning Capital Project Accounting. Our comments are as follows: Based on our review we believe that Finding 2010‐001, Capital Project Accounting, has no material effect on the City's management of HUD funds. Nevertheless, we expect the City to monitor the progress in correcting this weakness.” VII. Other Business A. FY2018 HUD Entitlement Funding Bohn explained the 9/12/18 HUD letter serves to formally approve the IURA’s/City’s FY2018 Annual Action Plan and enumerates the HOME and CDBG funding awards, which were both slightly higher than anticipated. IURA staff is currently generating all the contracts for the approved projects. B. Review of IURA Financials: September/October 2018 Bohn reported both the 2015 CDBG Spencer Road Sidewalks Project and 2016 CDBG Wading Pool Renovations Project are either complete or substantially complete. Both the Finger Lakes School of Massage and Diane’s Downtown Auto are now current on their loan repayments. The State Theatre is usually behind on its payments, but inevitably eventually makes a payment and becomes current. Bohn explained that the yellow‐highlighted portions of the financials report correlate to sections of the balance sheet. There have been no major changes in the balance sheet since the last quarter. IURA GC Minutes December 11, 2018 Page 11 of 11 C. Project Updates None. D. Report ― IURA & Common Council Actions of Interest to Committee None. E. Staff Report None. VIII. Adjournment The meeting was adjourned by consensus at 10:02 A.M. — END — Minutes prepared by C. Pyott, edited by N. Bohn.