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HomeMy WebLinkAboutMN-IURA-2023-04-27108 E. Green St. Ithaca, NY 14850 (607) 274-6565 MINUTES ITHACA URBAN RENEWAL AGENCY BOARD 8:30 A.M., Thursday, April 27th, 2023 Common Council Chambers, Third Floor (City Hall) 108 E. Green St., Ithaca, NY 14850 Members: Chris Proulx, Chair; Karl Graham, Vice-Chair; Laura Lewis (Mayor); Donna Fleming; George McGonigal (Common Council Liaison) Excused: None. Vacancies: 1 IURA Staff: Nels Bohn; Anisa Mendizabal; Charles Pyott City Staff: Lisa Nicholas, Director of Planning & Development Department Guests: None. I.Call to Order Chair Proulx called the meeting to order at 8:51 A.M. II.Agenda Additions/Deletions Bohn recommended adding one more item to the agenda under “New/Other/Old Business,” modifying the IURA’s 8th Amendment to the 2019 Action Plan, to increase CDBG-CV funding awarded to the “OAR Community Outreach Program” by $402.44 to $17,402.44. No objections were raised. III.Public Comments None. IV.Review of Meeting Minutes: March 23, 2023 Lewis moved, seconded by Graham, to approve the meeting minutes, with no modifications. Carried Unanimously: 4-0 V.Audit Committee A.Election of Committee Chairperson Graham reported the Audit Committee met prior to this meeting and elected Fleming as the Committee’s Vice-Chair and recommended the IURA Board appoint himself as Chair. Approved: 5/25/23 IURA Minutes April 27, 2023 Page 2 of 11 Graham moved, seconded by Lewis: Appointment of IURA Audit Committee Chairperson WHEREAS, the IURA By-Laws provide that the committee membership shall elect its own committee Vice-Chairperson and nominate to the IURA Board a member to serve as Chairperson of the Audit Committee, and WHEREAS, officers of each committee serve a one-year term, but continue to hold office until their successor is selected or appointed, and WHEREAS, the current Audit Committee officers are: • Chairperson: Vacancy • Vice-Chairperson: Karl Graham, and WHEREAS, at their April 27, 2023 meeting, the IURA Audit Committee elected Donna Fleming as Vice- Chair and nominated Karl Graham as Chair of the IURA Audit Committee; now, therefore be it RESOLVED, that the IURA hereby appoints Karl Graham as Chair of the IURA Audit Committee. Carried Unanimously: 4-0 B. Approval of Audited 2022 IURA Financial Report Graham explained that the Committee reviewed and approved Insero & Company’s Financial Audit Report, which raised no issues, findings, recommendations, or concerns. (Since the IURA is considered a blended component of the City of Ithaca, this audit only represents a small proportion of the larger City audit.) Graham moved, seconded by Lewis: Approval of 2022 IURA Financial Audit Report WHEREAS, the Ithaca Urban Renewal Agency (IURA) derives the majority of its finances from grants awarded to the City of Ithaca, and WHEREAS, for financial reporting purposes, the IURA is a blended component unit of the City of Ithaca whose financial activity is reported in the Special Grant Fund, a governmental fund of the City of Ithaca financial statements, and WHEREAS, the IURA contracts separately from the City to have its finances audited within 90 days of the end of its fiscal year to comply with the Public Authorities Accountability Act, and WHEREAS, the IURA received an audited 2022 IURA financial report on March 27, 2023, and WHEREAS, at its April 14, 2023 meeting, the IURA Governance Committee reviewed the financial report and attached correspondence and recommended its approval to the IURA Audit Committee, and IURA Minutes April 27, 2023 Page 3 of 11 WHEREAS, at its April 27, 2023 meeting, the IURA Audit Committee reviewed the financial report and attached correspondence and recommends IURA approval of the financial audit; now, therefore, be it RESOLVED, the IURA hereby approves the Financial Report of the Ithaca Urban Renewal Agency for the period January 1, 2022 through December 31, 2022, prepared by the accounting firm of Insero & Company, LLP. Carried Unanimously: 4-0 C. Committee Chairperson Report None. VI. Governance Committee A. 2022 Public Authority Reporting Fleming reported the Committee reviewed and approved the reports submitted by the IURA to the New York State Authorities Budget Office (ABO). Bohn added the Committee reviewed some additional reporting information not included in today’s agenda materials, but which can be viewed in the Committee’s April 2023 agenda. Graham observed that Fleming’s start-date for her term of office is incorrectly listed as “8/25/2023,” not “8/25/2022” in the Public Authorities Reporting Information System (PARIS) report. Fleming moved, seconded by Graham: Approval of Reports Submitted to NYS Authorities Budget Office WHEREAS, pursuant to the Public Authorities Accountability Act, as amended, the IURA is required on an annual basis to submit reports to the New York State Authorities Budget Office (ABO), and WHEREAS, the IURA Director of Community Development is designated to certify accuracy of the reporting, and WHEREAS, the reporting is due to be submitted within 90 days of the end of the fiscal year, and WHEREAS, it is appropriate that IURA Board members exercise oversight over the staff reporting to the ABO, and WHEREAS, at its meeting of April 14, 2023, the IURA Governance Committee reviewed the reporting and recommends the following action; now, therefore, be it RESOLVED, that the IURA hereby approves FY2022 IURA public authority reports submitted to the New York State Authorities Budget Office, including the following reports: • Budget report • Annual report IURA Minutes April 27, 2023 Page 4 of 11 • Procurement report • Investment report • Certified financial audit report Carried Unanimously: 4-0 B. IURA Contracting Officer for Property Disposition Bohn explained that NYS Public Authorities Law (PAL) has a number of requirements it imposes on public authorities, one of which is the designation of a contracting officer responsible for property dispositions. The primary requirement is submission of a written explanation of property dispositions to the Authorities Budget Office at least 90 days prior to any transaction. The proposed resolution would designate the IURA’s Director of Community Development as the Contracting Officer. Fleming moved, seconded by Graham: IURA Policy — Contracting Officer for Property Dispositions WHEREAS, Section 2896 of Public Authorities Law (PAL) establishes the duties of public authorities with respect to the disposal of property, and WHEREAS, Sub-Section 2896 (1) requires public authorities to adopt guidelines for property dispositions and designate a contracting officer to be responsible for disposition of property in compliance with applicable laws and regulations, and WHEREAS, PAL Law defines “property” to include real property and any personal property in excess of five thousand dollars ($5,000.00) in value, and WHEREAS, Sections 556 and 507 of General Municipal Law governs disposition of real property by an urban renewal agency, and WHEREAS, Section 2897 of PAL establishes additional requirements for disposal of property, including advance notice for certain negotiated transactions, and WHEREAS, PAL requires the authority’s Contracting Officer to submit a written explanation of the circumstances involving disposal of property through a negotiated transaction to the Authorities Budget Office no less than 90 days prior to the scheduled date of the transaction for the following property dispositions: 1. Personal property with an estimated fair market value more than $15,000; 2. Real property having an estimated fair market value greater than $100,000, except real property disposed of by lease or exchange; 3. Real property disposed of by lease, if the estimated annual rent over the term of the lease is in excess of $15,000; 4. Related personal property disposed of by exchange, regardless off value; 5. Real property disposed of by exchange, regardless of value; and IURA Minutes April 27, 2023 Page 5 of 11 WHEREAS, such explanatory statement of the circumstances of property disposal by negotiation shall include the following information: 1. Description of the parties involved in the property transaction; 2. Justification for disposing of property by negotiation; 3. Identification of property, including its location; 4. Estimated fair market value of the property; 5. Proposed sale price of the property; 6. Size of the property; 7. Expected date of sale of property; and, WHEREAS, at its April 14, 2023 meeting, the IURA Governance Committee discussed this matter and recommended the following action; now, therefore be it RESOLVED, that the IURA hereby appoints the IURA Director of Community Development, ex-officio, as the Contracting Officer to be responsible for disposition of property in compliance with Public Authorities Law, and be it further RESOLVED, that IURA hereby adopts the following property disposition policy: IURA Property Disposition Guidelines IURA Property disposition and reporting shall comply with the following laws of New York: • General Municipal Law, Sections 507 and 556 – Disposition of Property; and • Public Authorities Law, Section 2896 – Duties of public authorities with respect to disposal of property; and • Public Authorities Law, Section 2097 – Disposal of public authority property. IURA property disposition policy is guided by balancing objectives to advance the mission of the IURA and receive the highest marketable value when disposing of property. Property shall be disposed of for no less than fair market value, except if the purpose of the transfer is within the purpose, mission, or governing statute of the IURA and all statutory procedures are complied with. Property disposal through a negotiated transaction of real property shall be subject to applicable statutory requirements for reporting, public notice, and approval by the City of Ithaca Common Council. Carried Unanimously: 4-0 C. Election of Committee Chair Fleming explained the proposed resolution elects Fleming as Vice-Chair and recommends reappointing Schlather as Chair. IURA Minutes April 27, 2023 Page 6 of 11 Fleming moved, seconded by Lewis: Appointment of IURA Governance Committee Chairperson WHEREAS, the IURA By-Laws provide that the committee membership shall elect its own committee Vice-Chairperson and nominate to the IURA Board a member to serve as Chairperson of the Governance Committee, and WHEREAS, officers of each committee serve a one-year term, but continue to hold office until their successor is selected or appointed, and WHEREAS, the current Governance Committee officers are: • Chairperson: Kathy Schlather; • Vice-Chairperson: Donna Fleming, and WHEREAS, at its April 14, 2023 meeting, the IURA Governance Committee elected Donna Fleming as Vice-Chairperson, and nominated Kathy Schlather as Chairperson of the IURA Governance Committee; now, therefore be it RESOLVED, that the IURA hereby appoints Kathy Schlather as Chairperson of the IURA Governance Committee. Carried Unanimously: 4-0 D. Committee Vice-Chairperson Report None. VII. Neighborhood Investment Committee (NIC) A. HUD Entitlement Grant Program 1. 2020 Project #8: “Reimagining Ithaca Community Gardens” Contract Extension Graham explained the resolution proposes a time-extension to September 30, 2023 for the funding agreement. Graham moved, seconded by Lewis: 2020 Project #8: “Reimagining Ithaca Community Gardens” — Contract Extension WHEREAS, as Project #8 of the 2020 Entitlement Annual Action Plan for the City of Ithaca, Ithaca Community Gardens (ICG) was funded for “Reimagining Ithaca Community Gardens” to purchase and install storage sheds and welcome gates, and WHEREAS, the contract expiration date for Project #8 “Reimagining Ithaca Community Gardens” was December 31, 2022, and IURA Minutes April 27, 2023 Page 7 of 11 WHEREAS, in a letter dated January 5, 2023, ICG requested a 120-day extension and explained their anticipated need for a further extension through September 30, 2023 to complete their project, and WHEREAS, per Section 8.5 of the funding agreement, the IURA Community Development Director authorized a 120-day extension to April 30, 2023, and WHEREAS, any extension beyond April 30, 2023 must be reviewed by the IURA Board, and WHEREAS, IURA Staff have reviewed ICG Quarterly Reports and ICG confirmed its need for a further extension in its revised request letter dated April 5, 2023, and WHEREAS, the IURA Neighborhood Investment Committee reviewed this matter and recommends the following, now, therefore be it, RESOLVED, that the IURA authorizes a time extension to September 30, 2023 to the funding agreement with ICG for Project #8, “Reimaging Ithaca Community Gardens,” and be it further RESOLVED, that the IURA Chair is authorized to execute a contract amendment(s) to implement this resolution. Carried Unanimously: 4-0 2. 2021 Project #12: “Urban Bus Stop Upgrades (TCAT)” Contract Extension Graham explained the resolution proposes a time-extension for the project, which was delayed due to several factors, including supply chain-related issues. Graham moved, seconded by Lewis: 2021 Project #12: “Urban Bus Stop Upgrades” (TCAT) — Contract Extension WHEREAS, as Project #12 of the 2021 Entitlement Annual Action Plan for the City of Ithaca, Tompkins Consolidated Area Transit (TCAT) was funded for “Urban Bus Stop Upgrades” to install solar lighting and peripherals at 12 bus shelters through the City, and WHEREAS, the contract expiration date for Project #12 “Urban Bus Stop Upgrades” was December 31, 2022, and WHEREAS, in its Quarterly Report filed on September 22, 2022, TCAT identified project delays caused by the need to identify gap funding, vendor delays, and shipping costs that prohibit delivery of partial orders, and WHEREAS, via e-mail correspondence dated November 17, 2022, TCAT requested a 120-day extension to its contract, and IURA Minutes April 27, 2023 Page 8 of 11 WHEREAS, per Section 8.5 of the funding agreement, the IURA Community Development Director authorized the request, extending the contract to April 30, 2023, and WHEREAS, in a letter dated March 23, 2023 (revised April 5, 2023), TCAT requested a further extension to October 31, 2023, and WHEREAS, the IURA Neighborhood Investment Committee reviewed this matter and recommends the following, now, therefore be it, RESOLVED, that the IURA authorizes a time extension to October 31, 2023 to the funding agreement with TCAT for Project #12 “Urban Bus Stop Upgrades,” and be it further RESOLVED, that the IURA Chair is authorized to execute a Contract Amendment(s) to implement this resolution. Carried Unanimously: 4-0 B. Committee Chairperson Report Graham reported the Committee still has one vacancy, which it is seeking to fill. VIII. New/Other/Old Business A. Modification to Amendment #8 to 2019 Action Plan Mendizabal explained that the IURA’s Representative from the HUD Regional Office recently asked that the IURA allocate $402.44 in surplus CDBG-CV funds to a project, so that Integrated Disbursement and Information System (IDIS) reporting information can be brought into balance. Proulx moved, seconded by Graham: Modification to Amendment #8 to 2019 Action Plan WHEREAS, on October 27, 2022, IURA adopted the 8th Amendment to the 2019 Action Plan, reprogramming $26,785.48 in returned/unallocated CDBG-CV funds from various activities to the following projects: ● $17,000.00 to the “OAR Community Outreach Program” to be carried out by Opportunities, Alternatives, and Resources (OAR), and ● $9,785.48 to the “Aid to Immigrants During COVID-19” to be carried out by Catholic Charities of Tompkins/Tioga Counties’ (CCTT) Immigrant Services Program (ISP), and WHEREAS, in communicating with the IURA’s Representative from the HUD Regional Office in Buffalo, NY, it was requested that the allocations in the amended Action Plan exactly reflect the available amount of CDBG-CV funds, as reported in HUD’s Integrated Disbursement and Information System (IDIS), and WHEREAS, there is a $402.44 discrepancy, and IURA Minutes April 27, 2023 Page 9 of 11 WHEREAS, allocating an additional $402.44 to one of the above-listed projects will bring IDIS reporting into balance; now, therefore, be it RESOLVED, the IURA hereby approves a modification to Amendment #8 to the 2019 Action Plan to increase CDBG-CV funding awarded to the “OAR Community Outreach Program” by $402.44 to $17,402.44. Carried Unanimously: 4-0 B. Election of IURA Officers Lewis nominated Proulx and Graham to continue serving as IURA officers. Fleming seconded the nomination. Lewis moved, seconded by Fleming: Annual Election of IURA Officers WHEREAS, officers of the IURA consist of a Chairperson, Vice Chairperson, and Secretary, and WHEREAS, Section 2 of Article III of the IURA By-Laws call for election of the Chairperson and Vice- Chairperson of the IURA at each annual May meeting of the IURA Board, and WHEREAS, Section 2 of Article III of the IURA By-Laws further states that the IURA Board shall appoint an Executive Director, who shall serve as secretary to the Agency/Board, and WHEREAS, by resolution dated May 22, 2008, the IURA appointed the Director of Planning & Development for the City of Ithaca, ex-officio, as the IURA Executive Director, and WHEREAS, per New York State enabling legislation creating the IURA, IURA Board members serve at the pleasure of the Mayor and shall continue to hold office until their successor is appointed, and WHEREAS, current IURA officers are: • Chris Proulx, Chairperson • Karl Graham, Vice-Chairperson • Lisa Nicholas, Secretary (ex-officio as Director of Planning & Development), and WHEREAS, following solicitation of nominations at the meeting, the following slate was put forward for a vote: IURA Chairperson: Chris Proulx IURA Vice-Chairperson: Karl Graham; now, therefore, be it RESOLVED, that the IURA hereby elects Chris Proulx as Chairperson and Karl Graham as Vice- Chairperson of the IURA. Carried Unanimously: 4-0 IURA Minutes April 27, 2023 Page 10 of 11 B. Review of IURA Financials: March 2023 Bohn reviewed the Grants Summary, explaining that the left-hand “On Schedule” column calls out any projects that are not on schedule and may need attention. As he has mentioned before, one area of concern is the CDBG timely expenditure deadline, requiring that any unexpended CDBG funds not exceed 1.5 times the City’s most recent annual HUD CDBG Award by June 1st of each year. The IURA will be relatively close to that threshold, although it has been making significant progress over the past few months. A few projects are listed as not being on schedule, including the CDBG-CV GIAC Youth Programming project, which has been slow to provide cost documentation to the IURA. The GIAC Gym Renovation project has also been delayed, due to the expansion of the project and radon mitigation measures. Bohn reported there are no significant outstanding loan payment delinquencies. All lease payments are also in good standing, as of today. C. REPORTS: IURA Chair, Mayor, Common Council Liaison, & Staff IURA Chairperson Proulx remarked several Committee vacancies remain to be filled. Several candidates are being considered. Mayor’s Report Lewis reported that two City working groups continue to move forward, the Special Committee on Reimaging Public Safety and the Unsanctioned Homeless Encampments Working Group. At the end of June 2023, there will be a vacancy on Common Council for the Third Ward, while all Common Council member terms will expire at the end of this year. Common Council Liaison Report McGonigal reported the Special Committee on Reimaging Public Safety has completed its work, so the next challenge will be determining how to implement its recommendations. Staff Report Bohn announced that Contracts Monitor Charles Pyott will be relocating to Buffalo, NY, but will continue to work for the IURA remotely. D. Executive Session to Discuss Proposed, Pending, or Current Litigation ― EXECUTIVE SESSION ― Proulx moved, seconded by Lewis, to open the Executive Session at 9:33 a.m. Carried Unanimously: 4-0 Graham moved, seconded by Fleming, to close the Executive Session at 9:54 a.m. Carried Unanimously: 4-0 No action was taken in the Executive Session. IURA Minutes April 27, 2023 Page 11 of 11 IX. Adjournment The meeting was adjourned by consensus at 9:55 A.M. — END — Minutes prepared by C. Pyott, edited by N. Bohn.