HomeMy WebLinkAboutMN-PLED-2016-06-08Approved at the
July 13, 2016 PEDC Meeting
City of Ithaca
Planning & Economic Development Committee
Wednesday, June 8, 2016 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham
Kerslick, Ducson Nguyen, Cynthia Brock, and
Josephine Martell
Committee Members Absent: None
Other Elected Officials Attending: None
Staff Attending: JoAnn Cornish, Director, Department of
Planning, Building, Zoning, and Economic
Development; Megan Wilson, Senior Planner;
Nels Bohn, Director, Ithaca Urban Renewal
Agency (IURA); Nick Goldsmith, Sustainability
Coordinator, City of Ithaca; Deborah Grunder,
Executive Assistant
Others Attending: Sue Kittel, Workforce Diversity Advisory
Commission (WDAC); Heather Filiberto, Ithaca
Development Agency (IDA)
Chair Seph Murtagh called the meeting to order at 6:04 p.m.
1) Call to Order/Agenda Review
The May 2016 minutes will not be voted on at this meeting.
2) Public Comment and Response from Committee Members
There was no one from the public to speak.
3) Special Order of Business
a) Residential Energy Score Project
Approved at the
July 13, 2016 PEDC Meeting
Currently it is not mandatory to have a home inspection in the current market, but
most people do. This might make these inspections mandatory.
Two years of utility bills is often requested when one puts their home up for sale.
A program is only effective if people help provide the data that is needed.
Not all people will be willing to provide all the data that is collected. That needs
to be reviewed and taken into consideration.
Alderperson Brock stated that this evaluation may not analyze all that is needed.
The person who does the rating cannot provide the ‘owner’ of the data collected.
The database is secure and can be searched via address. The homeowner will
have control as to who has access to the data collected.
Alderperson Kerslick asked if this is voluntary, how will you encourage the
homeowners to go through this process.
Alderperson Kerslick further stated that this being a County wide project, funding
for this program should be stated up front. If and when this program goes
forward, how will it be funded?
Chair Murtagh asked whether to move this forward tonight for a vote at the July
council meeting. Nick Goldsmith stated that it has been in the works for some
time.
JoAnn Cornish asked whether comments made from the other municipalities and
public could be made available to this group. The answer is yes.
The draft resolution provided with the committee agenda packet was not acted
on. It will come back in July for further discussion and to pass on to Council for
their August meeting.
4) Announcements, Updates, and Reports
a) Comprehensive Plan
Now that Phase I is complete, JoAnn Cornish provided an update on Phase II of
the City of Ithaca Comprehensive Plan. Three core topics have been identified
within the neighborhood section of the plan. Two neighborhood plans judged as
most important are the Southside and the Waterfront neighborhoods. The third
topic focuses on housing strategies and the state of the housing market in the
City.
Approved at the
July 13, 2016 PEDC Meeting
For the Southside Plan, the City worked with Cornell City and Regional Planning
Professor Jen Minner and her class who examined the 2006 draft to find where it
was in alignment with the Comprehensive Plan, where there were gaps in
analysis, and fill in those missing sections. The Southside Plan was the number
one priority for Phase II. The class has submitted their draft, a review committee
is being put together, and the City hopes to kick off the public process in the next
month or so.
The Waterfront Plan is also being reviewed. The department has been putting
together a summary of what needs to be done, the area of analysis has been
reviewed, and the department is going though previous plans to try and figure out
what is relevant to today’s economic and real estate climate.
The third topic also under review is the City’s housing strategy. There are two
housing studies currently being done – the County’s and the DIA. Both are
working with the Danter Company who completed a previous housing study for
the DIA in 2012. The DIA (Downtown Ithaca Alliance) is just starting their study.
Rents, projected needs, etc. are being collected. The City’s plan is waiting for
the County and the DIA plans to help fill the gap with housing.
Alderperson Brock stated that is wonderful data to collect. With the removal of
parking requirements, per Mike Niechwiadowicz stated over 1,000 additional
apartments have been created.
Alderperson Brock stated that our rezoning in the City has increased the cost to
live in the City.
5) Action Items (Voting to Send onto Council)
a) Amendment to City-IURA Professional Services Agreement
12/12/125/12/16 5/26/16
CITY-IURA PROFESSIONAL SERVICES AGREEMENT
GOVERNING ADMINISTRATION OF HUD ENTITLEMENT FUNDS AWARDED TO CITY OF ITHACA
Made this _____ day of ___________, 2013 2016 by and between The CITY OF ITHACA, a municipal
corporation with offices at 108 East Green Street, Ithaca, New York, hereinafter called the “City”, and
the ITHACA URBAN RENEWAL AGENCY, an urban renewal agency formed pursuant to the provisions of
General Municipal Law, having its principal office at 108 East Green Street, Ithaca, New York, 14850,
hereinafter called “IURA”,
WITNESSETH THAT:
Approved at the
July 13, 2016 PEDC Meeting
WHEREAS, the City of Ithaca is a recipient of certain Entitlement Grants (“CPD Formula Grant
Funds”) through the Community Planning and Development (hereinafter “CPD”) program office of the
U.S. Department of Housing & Urban Development (“HUD”), including the Community Development
Block Grant (“CDBG”) program and the Housing Investment Partnership Program (“HOME”); and
WHEREAS, to access CPD Formula Grant Funds the City must prepare and submit to HUD each
year either a Consolidated Plan or an Action Plan (the section of the Consolidated Plan that is updated
each year) prepared in accordance with applicable regulations and comply with reporting and
accomplishment requirements; and
WHEREAS, by annual resolution, the City of Ithaca has duly authorized the IURA to administer its
CDBG and HOME programs each year since the City was designated as a CPD formula grant recipient in
2004; and
WHEREAS, the IURA has been administering the City’s CDBG program continuously since 1975;
and
WHEREAS, HUD correspondence dated August 27, 2012, requests that an agreement between
the City and the IURA be executed clarifying the roles and responsibilities for administering CPD Formula
Grants awarded as the City is the legal applicant and recipient under applicable HUD rules; and
WHEREAS, HUD correspondence acknowledges the existing operational structure has allowed
the City to successfully administer and implement CPD Formula Grants and that the request for an
agreement between the City and the IURA does not result from any performance deficiency; and
WHEREAS, in addition to the administration of the City’s CDBG and HOME programs, IURA staff
may from time to time be available to assist the City with the completion of other activities that are
related to, or support, the mission of the IURA;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
hereto do mutually agree as follows:
Section 1. Definitions
Unless specifically provided otherwise or the context otherwise requires, when used in this Agreement:
“CAPER” means Consolidated Annual Performance and Evaluation Report, an annual document
reporting on how CPD Formula Grant Funds have been used to carry out the community’s
housing and community development strategies, projects and activities, including a summary of
accomplishments.
“CDBG” means Community Development Block Grant, a program of the United States
Department of Housing and Urban Development.
“CPD” means the Community Planning and Development program office of the United States
Department of Housing and Urban Development that oversees CDBG and HOME programs.
“HOME” means HOME Investment Partnerships Program, a grant program of the Unites States
Approved at the
July 13, 2016 PEDC Meeting
Department of Housing and Urban Development designed to help communities expand the
supply of decent and affordable rental and ownership housing for low-income families.
“HUD” means the United States Department of Housing and Urban Development.
“Program Income” means gross income received by IURA from its use of CPD Formula Grant
Funds and shall further have the meaning defined at 24 CFR 570.500(a) for income generated
from the use of CDBG funds, and 24 CFR 570.92.2 for income generated from the use of HOME
funds.
Section 2. Overall Roles and Responsibilities
2.1 IURA shall act as the City’s lead agency to plan, administer, implement and monitor CPD
formula grants awarded to the City in accordance with all program requirements, including but
not limited to the following regulations:
• 24 CFR 570.200 - 570.309 – CDBG Eligible Activities and Entitlement Grants;
• 24 CFR 570.500-513 – CDBG Grant Administration;
• 24 CRF 570.600-614 – Crosscutting Program Requirements;
• 24 CFR Part 91 – Consolidated Submissions for Community Planning and Development
Programs; and
• 24 CFR Part 92 – HOME Regulations.
2.2 City retains overall responsibility for ensuring that CPD formula funds are used in accordance
with all program requirements.
2.3 City is responsible for determining the adequacy of performance by the IURA of its duties
pursuant to this Agreement.
2.4 City is responsible to adopt the Consolidated Plan, the Annual Action Plan, the Citizen
Participation Plan, including any significant amendment to the above documents, and execute
the CAPER.
2.5 IURA shall submit adopted plans to HUD to access CPD Formula Grant funds.
2.52.6 In addition to the forgoing, IURA may assist the City with other activities that are directly related
to, or support, the mission of the IURA. Such assistance will be offered at the sole discretion of the
IURA, based upon the availability of staff to complete the task.
Section 3. Statement of Work
Action Plans
3.1 IURA shall prepare and submit to the City the following required recipient submissions to HUD
to access CPD Formula Grant Funds:
(a) Consolidated Plan – A 5-year strategic community development plan that identifies
community needs, resources, and priorities, and establishes goals and objectives for use of
CPD formula funds to address priority community needs.
(b) Annual Action Plan – A one-year plan that provides a description and budget of the activities
Approved at the
July 13, 2016 PEDC Meeting
the City will undertake to address specific local objectives and priority needs that will be
addressed using CPD formula grant funds and program income.
(c) CAPER – An annual document reporting on progress made in carrying out the Consolidated
Plan and the Annual Action Plan.
(d) Citizen Participation Plan – This plan sets forth the City’s policies and procedures for citizen
participation in the development, and any amendment of, the Consolidated Plan, the Annual
Action Plan, the Consolidated Annual Performance and Evaluation Report, and establishes a
procedure to receive complaints.
3.2 IURA shall make its best effort to implement eligible activities included in City-Adopted Action
Plans in accordance with applicable regulations through loan and or grant agreements,
procurement contracts, through the City or other public agencies, or by the IURA’s employees
and/or contractors.
Economic Development Revolving Loan Fund
3.3 IURA shall make its best effort to implement the Community Development Revolving Loan
Program and the Priority Business Loan Program (collectively known as the “ED Revolving Loan
Program”) by using CDBG Funds to make loans consistent with the goals and objectives of the
ED Revolving Loan Program as set forth in the “IURA Economic Development Financing Policy
Guidelines and Operating Plan” and any subsequent revisions thereto, such plan being
incorporated by reference and made a part hereof.
3.4 In implementing the ED Revolving Loan Program, the IURA shall be responsible for the following
activities as appropriate:
(a) Documentation of CDBG underwriting process consistent with the regulations at 24 CFR
570.209 and Appendix A to 24 CFR 570” Guidelines and Objectives for Evaluating Project
Costs and Financial Requirements”;
(b) Performance of a written credit analysis and presentation of loan applications to the IURA;
(c) Maintenance of relevant information regarding the loan review;
(d) All actions necessary to effect ED Loan Program loan closings including, but not limit to, the
preparation of loan agreements, security agreements, promissory notes, guarantees, and
other legal documents as appropriate and in a form consistent with standard commercial
lending practices and with applicable rules, regulations, and policies of the CDBG program;
(e) Performance of all administrative activities required pursuant to the use of CDBG funds
including, but not limited to, environmental review requirements, maintenance of book of
account, procurement and maintenance of statistical information including job
creation/retention; and
(f) Monitoring loan repayment and borrower’s compliance with loan terms, and enforcing
security agreements and guarantees.
Housing Revolving Loan Fund
3.5 IURA shall administer and monitor program income derived from CPD Formula Grant Funds in
possession of Ithaca Neighborhood Housing Services, Inc. (“INHS”) in the Housing Revolving
Loan Fund for compliance with applicable regulations.
Approved at the
July 13, 2016 PEDC Meeting
Environmental Review
3.6 With respect to environmental review requirements, the parties hereto acknowledge that City
shall retain the ultimate responsibility for compliance, but that IURA shall cooperate with City in
conducting environmental reviews and preparing proposed environmental determinations,
notices and requests in compliance with environmental responsibilities described at 24 CFR
570.604 and 24 CFR 92.352.
General
3.7 All activities undertaken by IURA with CPD Formula Grant Funds pursuant to this agreement
shall be eligible activities pursuant to the regulations at 24 CFR Part 570 and 24 CFR Part 92.
3.8 IURA shall make its best efforts to accomplish its duties in an expeditious manner pursuant to
this Agreement.
Section 4. Integrated Disbursement and Information System (IDIS)
IDIS is a web-based system that provides financial disbursement, tracking, and reporting activities for
CPD Formula Grant Fund programs. Information about each activity funded with CPD Formula Grant
funds, including the estimated budget, expected accomplishments and beneficiaries is uploaded into the
IDIS.
4.1 IURA is responsible for completing all IDIS grantee functions and submissions except for
drawdown approval authority, which is retained by the City. IURA responsibilities include set up
of the adopted Consolidated Plan/Annual Action Plan, set up of projects, set up of activities to
implement projects, activity funding, prepare drawdown vouchers and accomplishment
reporting.
4.2 City is responsible for approving drawdown vouchers.
Section 5. Disbursements and Management of CPD Formula Grant Funds
5.1 IURA is responsible for disbursing and managing CPD Formula Grant Funds to make grants,
forgivable loans, deferred loans and amortizing loans and other third party costs incurred by the
IURA to carry out eligible activities included in an adopted Action Plan in accordance with
policies governing such financial assistance pursuant to the regulations at 24 CFR Part 570 and
24 CFR Part 92.
5.2 IURA may use CPD Formula Grant Funds to pay for its reasonable and eligible planning and
administrative costs pursuant to the regulations at 24 CFR 570.205 and 506.206 and 24 CFR
92.207. No more than 20% of the sum of any CDBG grant awarded plus program income shall
be expended for planning and administrative costs. Not more than 10% of the sum of any
HOME funds awarded plus program income shall be expended for reasonable administrative
and planning costs.
5.3 IURA may use CPD Formula Grant Funds for reasonable staff and overhead costs directly
involved in carrying out eligible CDBG activities included in an adopted Action Plan referred to as
Approved at the
July 13, 2016 PEDC Meeting
“activity delivery costs”, which are eligible as part of such activities.
5.4 The IURA shall document general administrative, program delivery and revolving loan program
costs of CPD Formula Grant Funds as follows:
(a) Direct costs of IURA shall be documented by timesheets, invoices, or other appropriate
information to evidence the nature and reasonableness of the cost. Such costs may include,
but are not limited to employee salaries, benefits, and other compensation at rates not to
exceed those paid by IURA for work not provided pursuant to this Agreement; and actual
costs of materials, equipment, bonding, insurance and services incurred by IURA;
(b) Indirect costs of IURA shall be reimbursed only where a written plan for the charging of such
costs has been approved by HUD. Such costs are those which are charged as a percentage
of direct costs and may include occupancy and equipment costs (including depreciation),
maintenance, repair, and similar costs which are charged on a prorated basis; and
(c) All costs charged by IURA pursuant to this section shall be consistent with the provisions of
OMB Circular A-87, “Cost Principles for State, Local and Indian Tribal Governments”.
5.5 IURA may retain and use CDBG program income on hand that is deposited in a separate
Revolving Fund in accordance with regulations contained at 24 CFR 570.504 for the purpose of
carrying out specific eligible activities, such as making certain loans to small businesses, which,
in turn, generate payments to the fund for use in carrying out the same activities. IURA may use
CDBG program income to make loans and to pay program delivery and general administrative
costs consistent with the goals and objectives of the ED Revolving Loan Program as described in
Section 3.3 of this Agreement.
5.6 To access CPD Formula Grant Funds awarded to the City, IURA shall submit a City voucher to the
City Controller for eligible costs to accomplish the Statement of Work, along with supporting
cost documentation.
5.7 IURA shall prepare a web-based IDIS voucher, pursuant to the City voucher, to draw CPD
Formula Grant Funds awarded to the City.
5.8 Upon City Controller approval of the City voucher, an authorized City employee shall timely
approve the IDIS voucher to draw CPD Formula Grant Funds into the City’s grant account.
5.9 City shall timely transfer CPD formula Grant Funds received in the City’s grant account to the
IURA account upon receipt of CPD Formula Grant Funds.
5.10 All cash balances of CPD Formula Grant Funds shall be maintained by IURA in an interest bearing
account pursuant to the provisions of 24 CFR 570.500(b) and 24 CFR 92.502(c). Consistent with
the provisions of 24 CFR 85.21(i), any bank interest paid on such account shall be paid to HUD no
less than annually.
Section 6. Financial Management and Administrative Requirements
6.1 IURA shall maintain a financial management system of CPD Formula Grant funds in accordance
Approved at the
July 13, 2016 PEDC Meeting
with 24 CFR 85.20 to ensure a financial system is in place that provides effective control over
and accountability for all CPD Formula Grant Funds, property, and other assets, and includes a
comparison of financial information reported on IDIS with financial records of actual assets and
liabilities.
6.2 Parties hereto acknowledge that the IURA will maintain financial records to comply with audit
requirements of OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit
Organizations” and City will integrate IURA finances into the City’s annual audit.
6.3 IURA shall comply with OMB Circular A-110 “Standards for Financial Management Systems”,
Attachment F, subparagraphs 2a. through 2d., 2f. and 2g.
6.4 Where costs incurred by IURA are to paid with CPD Formula Grant Funds, such costs shall be
charged in conformance to OMB Circular A-87, “Cost Principles for State, Local and Indian Tribal
Governments”.
6.5 IURA shall comply with administrative requirements of 24 CFR Part 85 that are set forth at 24
CFR 570.502(a).
6.6 IURA shall comply with the above-listed rules, regulations, and requirements as now in effect
and any future additions or revisions to such rules, regulations, and requirements as may be
applicable.
Section 7. Monitoring
7.1 IURA agrees to monitor all activities carried out with CPD Formula Grant Funds to ensure long-
term compliance with program requirements and to timely gather information required for
reporting to HUD.
Section 8. Reports and Information
8.1 In addition to items identified is section 3.1, IURA agrees to submit the following information to
the City Controller:
(a) Bi-weekly
• City voucher and IDIS voucher including an expense report detailing requested funds to
be drawn down from the City’s line of credit with HUD
(b) Monthly
• A CPD Formula Grant Summary including budgeted amounts for each activity contained
in current adopted Action Plans and the unexpended amounts remaining
• A Loan Repayment Report on loans issued with CPD Formula Grant Funds that tracks
repayment status and reports loan balances
(c) Quarterly
• The Federal Financial Report that details receipts and disbursements of CPD Formula
Grant Funds, program income, and beginning and ending cash on hand
• IDIS entries to recognize disbursements of program income for eligible expenses such as
disbursement of loan funds and administrative and delivery expenses incurred
• IDIS entries to recognize receipt of program income such as loan repayments
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July 13, 2016 PEDC Meeting
(d) Annually
• Balance sheet and income and expense statement of IURA finances
• Year-end audit work papers prepared to meet City auditor requirements for preparation
of the City’s annual financial audit
Section 9. Records to be Maintained
9.1 IURA shall establish and maintain records required at 24 CFR 570.506 and 24 CFR 92.508 to
demonstrate compliance with applicable requirements for CPD Formula Grant Funds, which
includes the following information for each activity assisted:
(a) A full description, including its location;
(b) Eligibility pursuant to applicable provisions of 24 CFR 570 and 24 CFR 92;
(c) Amount of CPD Formula Funds budgeted, obligated and expended;
(d) Cost documentation for disbursement of CPD Formula Funds;
(e) Project beneficiary income eligibility and demographic characteristics; and
(f) Match funding.
9.2 IURA shall retain all records pertinent to this Agreement for six (6) years after completion of
each activity.
Section 10. Inspection of Records
10.1 At any time during normal business hours and as often as City may deem necessary, IURA shall
make available to City or its agent all of its HUD records with respect to matters covered by this
Agreement, and IURA shall permit City or its agent to audit, examine and make excerpts or
transcripts from such records, and to perform audits of all contracts, invoices, materials, reports
of personnel, conditions of employment and other data relating to all matters covered by this
Agreement.
Section 11. Program Income
11.1 City and IURA acknowledge and agree that the following CPD Formula Grant assets were in
possession of IURA as of October 30, 2012 and shall be used by IURA in implementing the
Economic Development Revolving Loan Program as set forth in Section 2.4 of this Agreement or
otherwise used in accordance with an adopted Action Plan:
(a) CDBG Formula Grant Funds in the form of Program Income cash-on-hand in the amount of
$442,299.12; and
(b) CPD Formula Grant Funds in the form of Program Income notes receivable, payable to and
in possession of IURA, and all program income derived therefrom, as identified in Schedule
A attached herein. Following is the total amount of principal balance outstanding of all such
Program Income as of October 30, 2012:
CDBG: $1,449,541.15
HOME: $397,358.08
Total: $1,846,899.23
11.2 Future Program Income generated from use of CDBG funds shall be used by IURA in
Approved at the
July 13, 2016 PEDC Meeting
implementing the Economic Development Revolving Loan Program or other CDBG projects
contained in an Action Plan. Future Program Income generated from use of HOME funds and
received by IURA shall be used for additional HOME projects contained in an Action Plan.
Section 12 Assistance with Other Activities
12.1 From time to time, IURA staff may have availability to assist the City with planning or other
activities that are directly related to, or would support, the mission of the IURA to “improve the social,
physical, and economic characteristics of the City of Ithaca by expanding access to quality affordable
housing, strengthening neighborhoods and the local economy, and supporting other community
development activities.” Toward that end, the IURA may offer, and the City may accept, by mutual
agreement, IURA staff assistance with such activities. IURA staff will make best efforts to complete
agreed upon tasks in a timely manner; however, activities related to administration of CPD funds will
take priority and any consequent delay in completion of other activities will not be cause for termination
of this agreement.
Section 132. Term of Agreement
12.113.1 This Agreement shall become effective as of the date first above written and shall
remain in effect until terminated pursuant to the terms of this section.
12.213.2 This Agreement may be terminated by either party at any time without cause to be
effected by written notification of such termination. Such termination shall become effective
180 days after delivery of such notice.
13.3 This Agreement may be terminated by City for cause upon IURA’s failure to comply with any
provision of this Agreement. City shall effect such termination in the following manner:
(a) City shall provide written notice to IURA stating the specific instance(s) of noncompliance.
Such notice shall specify a date that is not less than thirty (30) days after the date of delivery
of such notice (the “Response Date”) by which IURA may cure, mitigate, or otherwise
address the instance(s) of noncompliance.
(b) Upon IURA’s failure to cure, mitigate, or otherwise address the instance(s) of
noncompliance to the satisfaction of City by the Response Date, City may, at its option,
provide written notice to IURA effecting termination immediately upon the delivery of such
notice.
12.413.4 Upon a termination of this Agreement, IURA shall not obligate or expend CPD Formula
Grant Funds.
12.513.5 Upon a termination of this Agreement, City shall be obligated to pay from CPD Formula
Grant Funds costs resulting from any obligations of CPD Formula Grant Funds made by IURA
pursuant to this Agreement where such obligations were made prior to the date of termination
and in a manner consistent with the terms and conditions of this Agreement.
Section 143. Reversion of Assets
Approved at the
July 13, 2016 PEDC Meeting
13.114.1 Upon termination of this Agreement, and in accordance with the provisions at 24 CFR
570.503(b)(8), IURA shall transfer to City any CPD Formula Grant Funds on hand and any notes
and accounts receivable attributable to the use of CPD Formula Grant Funds. Such transfer of
CPD Formula Grant Funds, notes and accounts receivable shall be made no later than thirty (30)
business days after the termination date. Any real property under IURA's control that was
acquired or improved in whole or in part with HUD CDBG Funds in excess of $25,000 shall be
either:
(a) Used to meet one of the national objectives in 24 CFR 570.208 until at least five years after
the expiration of this Agreement; or
(b) If the use of the property ceases to conform to the provisions of Section 13.1(a) of this
Agreement prior to the expiration of the five-year period, IURA shall pay to City an amount
equal to the current market value of the property less any portion of the value attributable
to expenditures of non-CDBG Funds for acquisition of, or improvement to, the property.
Such payment shall be made in full no later than one hundred eighty (180) calendar days
after the date that the use of the property ceases to conform to the provisions of Section
13.1(a) of this Agreement.
13.214.2 Upon termination of this Agreement, IURA shall transfer to City any furnishings, fixtures,
and equipment purchased in whole with CPD Formula Grant Funds. Such transfer shall be made
no later than five (5) business days after the termination date and shall be made at City’s
expense in a manner prescribed by City. For furnishings, fixtures, and equipment purchased in
part with CPD Formula Grant Funds, IURA shall either:
(a) Pay to City an amount equal to the fair market value, as determined by mutual agreement,
of such furnishings, fixtures, and equipment at the time of termination, less any portion of
the value attributable to expenditures of non-CPD Formula Grant Funds for acquisition of
such assets, such payment to be made by IURA no later than thirty (30) calendar days after
the termination date; or
(b) Transfer such furnishings, fixtures, and equipment to City no later than five (5) business days
after the termination date.
Section 154. Amendments
14.115.1 This Agreement may be amended only by the mutual written consent of City and IURA.
Section 165. Notices
15.116.21 Any notice, or request taken, given, or made by the City Mayor (or such other person or
persons as City may, by written notice to IURA designate for such purpose) to IURA shall be
deemed to be duly and properly given or made if mailed, postage prepaid, to: IURA Executive
Director, 108 East Green Street, Ithaca, New York 14850, or delivered personally to IURA offices.
Any notice, or request taken, given, or made by the Chairperson of IURA (or such other person
or persons as IURA may, by written notice to City, designate for such purpose) to City hereunder
shall be deemed to be duly and properly given or made if mailed, postage prepaid, to: Mayor,
Formatted: Strikethrough
Approved at the
July 13, 2016 PEDC Meeting
City of Ithaca, 108 East Green Street, Ithaca, NY 14850, or delivered personally to the City of
Ithaca Mayor’s office.
IN WITNESS WHEREOF, the parties have caused this Amended Agreement to be duly executed
and delivered by their proper and duly authorized offices as of the day and year first above written.
CITY OF ITHACA
By: ______________________________________________
Svante L. Myrick, Mayor
ITHACA URBAN RENEWAL AGENCY
By: ______________________________________________
Svante L. Myrick, Chairperson
ACKNOWLEDGMENT OF SIGNATORY
State of New York )
County of Tompkins )
On the day of in the year 2013 before me, the undersigned, a Notary Public in and for
said state, personally appeared Svante L. Myrick, to me known or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that
she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person
upon behalf of which the individual acted, executed the instrument.
_____________________________
Signature of Notary Public
(Seal)
ACKNOWLEDGMENT OF SIGNATORY
State of New York )
County of Tompkins )
On the day of in the year 2013 before me, the undersigned, a Notary Public in and for
said state, personally appeared Svante L. Myrick, to me known or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that
she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or
the person upon behalf of which the individual acted, executed the instrument.
Approved at the
July 13, 2016 PEDC Meeting
_____________________________
Signature of Notary Public
(Seal)
j:\community development\policy\city-iura agreement\city-iura agreerevisions draft #1.doc
Approved at the
July 13, 2016 PEDC Meeting
Proposed Resolution
Planning & Economic Development Committee
June 8, 2016
First Amendment to City-IURA Professional Services Agreement
After Item # 16.2 under Notices was correct to read 16.1, the resolution was moved by
Alderperson Kerslick; seconded by Alderperson Nguyen seconded it. Passed Unanimously.
WHEREAS, in 2012 the IURA and City of Ithaca executed an agreement clarifying roles and
responsibilities of each party regarding administration of HUD Entitlement funds awarded to
the City of Ithaca, and
WHEREAS, from time to time the IURA staff may be available to assist the City complete
other activities that are related to, or support the mission of the IURA, and
WHEREAS, such assistance shall be offered at the sole discretion of the IURA, and
WHEREAS, Plan Ithaca, the City’s Comprehensive Plan, recommends preparation of a
housing strategy to identify specific ways to increase the housing supply and decreasing
housing costs, and
WHEREAS, the IURA’s mission is to improve the social, physical and economic char acteristics
of the City of Ithaca by expanding access to quality affordable housing, strengthening
neighborhoods and the local economy, and supporting other community development
activities, and
WHEREAS, since 1975 the IURA has secured and successfully administered over $60 million
in funding on behalf of the City of Ithaca to complete projects to expand affordable housing
and revitalize urban neighborhoods, and
WHEREAS, at their meeting of May 26, the IURA approved the First Amendment to the City-
IURA Professional Services Agreement; now, therefore be it
RESOLVED, that the Mayor is authorized, subject to review by the City Attorney, to execute
an amendment to the City-IURA Professional Services Agreement to authorize IURA staff to
assist the City complete IURA-authorized activities that are related to, or support the mission
of the IURA.
6) Discussion
a) Community Investment Incentive Tax Abatement Program (CIITAP) – Diversity
Requirements
Approved at the
July 13, 2016 PEDC Meeting
Sue Kittel from the Workforce Diversity Advisory Committee (WDAC) explained
the difference of the two letters provided by the WDAC dated February 1, 2016
and March 30, 2016. The first letter was a complete list of recommendations for
the CIITAP and the later was focused directly on diversity issues and/or
concerns.
Nels Bohn explained how these requirements can be tracked. A reporting
requirement has been looked at.
Heather Filiberto from the IDA provided information on the role of diversity in the
CIITAP that they look at and how they help the applicants in creating a strategy
to fulfill the diversity requirement. It provides awareness and monitoring on the
application process.
Sue Kittel stated that this needs to get into the public record. If we don’t have the
reporting back, how can we require it?
Heather Filiberto stated that the program is well intended. If the applicant must
meet a set of requirements in order for their tax abatement be approved, it may
cause developers to pull out because that some of the requirements are not cost
effective, and they cannot remain competitive.
Kittel stated that if competiveness doesn’t include diversity, she will have an
issue with that. In order to be competitive, there must be inclusive.
Kittel stated that WDAC is working on a report card to grade organizations on
how they measure up with the set requirements.
Nels Bohn also stated that there are two different levels – a general and
advanced – of the CIITAP that should have different requirements.
We currently don’t have enough data on the program to date. It hasn’t been
tracked.
Nels Bohn stated that the project incentive fund could be accessed to help with
the monitoring and funding necessary to do so.
Thursday, June 16, 2016 is the next WDAC meeting. They will discuss this
further and provide any additional information to the diversity portion of the
CIITAP.
Rather than implement all the requirements at once, it was agreed by the
committee to work on implementing each requirement separately or as they can
be implemented.
Approved at the
July 13, 2016 PEDC Meeting
Further announcements were made by committee members that include:
Alderperson Brock stated the upcoming meeting regarding Spencer Road
Alderperson Kerslick updated the group on the intersection of Dryden and
College Avenue will closed for a month starting Monday, June 13th.
Alderperson Martel stated the Chicken Ordinance went into effect today.
7) Review and Approval of Minutes
a) May 2016 – the minutes were not finished to be voted on.
8) Adjournment
Alderperson Kerslick motioned to adjourn; seconded by Alderperson Martel Passed
unanimously. The meeting adjourned at 8:12 p.m.