HomeMy WebLinkAboutMN-IURA-2021-01-28Approved: 2/25/21
108 E. Green St.
Ithaca, NY 14850
(607) 274-6565
DRAFT MINUTES
ITHACA URBAN RENEWAL AGENCY
8:30 A.M., Monday, January 28, 2021
Members: Mayor Svante Myrick, Chair; Tracy Farrell; Karl Graham, Vice‐Chair; Eric Rosario; Laura
Lewis, Common Council Liaison
Excused: Chris Proulx
Staff: Nels Bohn; Anisa Mendizabal; Charles Pyott
Guests: None
I. Call to Order
Chair Myrick called the meeting to order at 8:32 A.M.
II. Agenda Additions/Deletions
None.
III. Public Comments
None.
IV. Review of Draft Meeting Minutes: December 21, 2020
Farrell moved, seconded by Rosario, to approve the meeting minutes, with one minor modification.
Carried Unanimously: 4‐0
V. Governance Committee (GC)
A. Independent Contractor Services Procurement
1. Legal Services
Rosario explained that this is the final year of a series of renewed agreements, after which a new RFP
will need to be issued.
GELDENHUYS
Rosario remarked the IURA is highly satisfied with Geldenhuys’ performance.
Rosario moved, seconded by Myrick:
2021 Procurement of Independent Legal Services: Geldenhuys
WHEREAS, the contract for independent legal services with Mariette Geldenhuys, Attorney‐at‐
Law (Geldenhuys) expires on February 28, 2021, and
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January 28, 2021
Page 2 of 15
WHEREAS, in accordance with IURA procurement policy and regulations contained in 24 CFR
§85.36, the IURA selected Geldenhuys through a Request for Proposals (RFP) selection process in
2019, and
WHEREAS, per applicable procurement regulations, a contractor selected through an initial
competitive selection process may be renewed for up to two additional one‐year terms without
undertaking a new competitive selection process, and
WHEREAS, a proposed 2021 contract would constitute the second one‐year extension of the base
independent consultant contract, and
WHEREAS, Geldenhuys submitted a proposal on January 5, 2021 to continue providing legal
services to the IURA at a maximum billing rate of $230 per hour, a 2.2% increase from the current
contract rate of $225 per hour, and
WHEREAS, the IURA staff is highly satisfied with the quality of legal services provided by
Geldenhuys, and
WHEREAS, the 2021 IURA budget recommended a total authorized contract amount of $12,000
for legal services; now, therefore, be it
RESOLVED, that IURA Chair is hereby authorized, upon review of IURA legal counsel, to execute a
contract extension for independent contractor legal services with Mariette Geldenhuys, Attorney
and Mediator, at a maximum hourly rate of $230 per hour with the total amount not to exceed
$12,000, and be it further
RESOLVED, that the source of such funds for legal services shall be derived from a variety of
funding sources, including but not limited to CDBG and HOME funds, and expenses shall be billed
to the appropriate source of funds for which the services were performed.
Carried Unanimously: 4‐0
SULIMOWICZ
Farrell asked how much work Sulimowicz has performed for the IURA over the past year, to which
Bohn replied, a reasonable amount. He added this year’s contract amount was increased from last
year’s, since Sulimowicz is expected to work on INHS’ Founders Way (formerly Immaculate
Conception School) project, which is a large, complex Low‐Income Housing Tax Credit (LIHTC)
contract. Ruswick historically worked on these types of contracts, but he is retiring in May 2021.
Bohn recently asked INHS which IURA attorney it would prefer to work with. INHS identified
Sulimowicz.
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January 28, 2021
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Rosario moved, seconded by Graham:
2021 Procurement of Independent Legal Services: Sulimowicz
WHEREAS, the contract for independent legal services with the Sharon M. Sulimowicz Attorney‐at‐
Law (Sulimowicz) expires on February 28, 2021, and
WHEREAS, in accordance with IURA procurement policy and regulations contained in 24 CFR
§85.36, the IURA selected Sulimowicz through a Request for Proposals (RFP) selection process in
2019, and
WHEREAS, per applicable procurement regulations, a contractor selected through an initial
competitive selection process may be renewed for up to two additional one‐year terms without
undertaking a new competitive selection process, and
WHEREAS, a proposed 2021 contract would constitute the second one‐year extension of the base
independent consultant contract, and
WHEREAS, Sulimowicz submitted a proposal on January 8, 2021 to continue providing legal
services to the IURA at a maximum billing rate of $175 per hour, a 0% increase from the
current contract rate, and
WHEREAS, the IURA staff is highly satisfied with the quality of legal services provided by
Sulimowicz, and
WHEREAS, the 2021 IURA budget recommended a total authorized contract amount of $6,000 for
legal services; now, therefore, be it
RESOLVED, the IURA Chair is hereby authorized, upon review of IURA legal counsel, to execute a
contract extension for independent contractor legal services with Sharon M. Sulimowicz, Attorney‐
at‐Law, at a maximum hourly rate of $175 per hour with the total amount not to exceed $10,000,
and be it further
RESOLVED, that the source of such funds for legal services shall be derived from a variety of
funding sources, including but not limited to CDBG and HOME funds, and expenses shall be
billed to the appropriate source of funds for which the services were performed.
Carried Unanimously: 4‐0
LEVENE GOULDIN & THOMPSON, LLP
Rosario explained that Ruswick recommended Heather Cornell to replace him, after his retirement.
Since she neither lives nor works in the Ithaca area, the Committee preferred to contract for her
services on a trial basis.
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January 28, 2021
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Rosario noted the Committee discussed some concerns with hiring legal counsel not familiar with the
Ithaca area. One Committee member explicitly expressed a preference for someone living or working
in the Ithaca area, so it was not a unanimous vote. Rosario observed that since the issue was not
addressed in the original RFP, he believes it would be most appropriate to address the issue in the
next RFP. The IURA should discuss the issue closer to that time.
Farrell asked if Ms. Cornell has done the type of specialized work Ruswick has done for the IURA or
whether there are other local attorneys who perform similar work. Bohn replied there is a small pool
of local attorneys who perform similar work, although it is not unusual to encounter conflicts of
interest. He believes it is worth going forward with determining whether Ms. Cornell would meet the
IURA’s needs. No objections were raised.
Rosario moved, seconded by Graham:
2021 Procurement of Independent Legal Services: Levene, Gouldin, & Thompson
WHEREAS, the contract for independent legal services with Levene, Gouldin, & Thompson, LLP
(LG&T) for services of Richard Ruswick expires on February 28, 2021, and
WHEREAS, in accordance with IURA procurement policy and regulations contained in 24 CFR
§85.36, the IURA selected Ruswick through a Request for Proposals (RFP) selection process in
2019, and
WHEREAS, per applicable procurement regulations, a contractor selected through an initial
competitive selection process may be renewed for up to two additional one‐year terms without
undertaking a new competitive selection process, and
WHEREAS, a proposed 2021 contract would constitute the second one‐year extension of the base
independent consultant contract, and
WHEREAS, LG&T submitted a proposal on January 12, 2021 to continue providing legal
services to the IURA at a maximum billing rate of $215 per hour, a 2.4% increase from the
current contract rate, and
WHEREAS, Richard Ruswick has announced his planned retirement in May 2021 and proposes
that Heather Cornell in the firm assume his assignments, and
WHEREAS, the IURA staff is highly satisfied with the quality of legal services provided by LG&T,
which have focused on IURA funding agreements for Low‐Income Housing Tax Credits (LIHTC)
projects, and
WHEREAS, the 2021 IURA budget recommended a total authorized contract amount of $10,000
for legal services in 2021; now, therefore, be it
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January 28, 2021
Page 5 of 15
RESOLVED, the IURA Chair is hereby authorized, upon review of IURA legal counsel, to execute a
contract extension for independent contractor legal services with Levene, Gouldin, & Thompson,
LLP, at a maximum hourly rate of $215 per hour with the total amount not to exceed $6,000, and
be it further
RESOLVED, that the source of such funds for legal services shall be derived from a variety of
funding sources, including but not limited to CDBG and HOME funds, and expenses shall be
billed to the appropriate source of funds for which the services were performed.
Carried Unanimously: 4‐0
2. Community Development/Loan Underwriting Services
Rosario explained that Sicherman has worked with the IURA for many years and the IURA is highly
satisfied with his services.
Graham observed that in the financial industry it is often recommended that auditors and consultants
are rotated every few years. He wondered if the IURA has ever considered hiring another community
development/loan underwriting consultant.
Bohn replied that ~90% of the services the Sicherman company provides the IURA are loan
underwriting services; and it is very difficult to find qualified consultants with expertise in both
Federal/HUD regulations and loan underwriting. It tends to be a highly specialized skill‐set.
Rosario moved, seconded by Farrell:
2021 Procurement of Community Development Consulting Services: Sicherman
WHEREAS, the contract for existing community development consulting services expired on
February 28, 2021, and
WHEREAS, in accordance with IURA procurement policy and regulations contained in 2 CFR Part
200 for procurement of professional services, the IURA issued a Request for Proposals (RFP) for
community development consulting services in 2019, and
WHEREAS, the RFP authorized annual extensions of up to three years for selected consultants,
and
WHEREAS, H. Sicherman/The Harrison Studio was selected to provide community development
consulting services, and
WHEREAS, the 2021 IURA budget authorized up to $10,000 for community development
consulting services, including loan underwriting, and
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January 28, 2021
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WHEREAS, H. Sicherman has expressed interest for a 2021 extension of their independent
contractor agreement at the following hourly rates:
H. Sicherman: $185/hour
E. Krause: $145/hour, and
WHEREAS, the 2021 hourly salary rates remain unchanged from 2020, and
WHEREAS, at its January 15, 2021 meeting, the Governance Committee reviewed this matter and
recommends the following; now, therefore, be it
RESOLVED, the IURA Chair is hereby authorized, upon review of IURA legal counsel, to execute
independent contractor agreements for community development consulting to H. Sicherman/The
Harrison Studio for up to $10,000, and be it further,
RESOLVED, that the source of such funds for legal services shall be derived from a variety of
funding sources, including but not limited to CDBG and HOME funds, and expenses shall be billed
to the appropriate source of funds for which the services were performed.
Carried Unanimously: 4‐0
B. IURA & City Planning Division 2020 Accomplishments Report
Rosario and Bohn walked through an overview of the report, including the following excerpts:
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January 28, 2021
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C. Report from Committee Chair
None.
VI. Neighborhood Investment Committee (NIC)
A. Contract Modification #1: Black Girl Alchemists (2019 CDBG)
Graham explained the project was awarded funds before the COVID‐19 pandemic, so it was
unexpectedly forced to adjust to social‐distancing requirements. A Downtown Ithaca Children’s
Center (DICC) employee performed extra uncompensated work associated with additional public
health protocols, so the proposed resolution would formally designate funds to compensate her.
Graham moved, seconded by Farrell:
CDBG: 2019 Project #11, “Black Girl Alchemists Public Art Mosaic Project”
WHEREAS, the City of Ithaca’s 2019 HUD Entitlement Program Annual Action Plan awarded
$7,500 for supplies needed by the “Black Girl Alchemists (BGA) Public Art Mosaic Project”, and
WHEREAS, the BGA mural was sited at the Downtown Ithaca Children’s Center (DICC) to
memorialize the life of DICC teacher Dejour Gandy and invite involvement from the children who
attend DICC along with that of the older children involved with BGA, and
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January 28, 2021
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WHEREAS, the project occurred during the global coronavirus pandemic, and therefore required
social‐distancing and other public health precautions for participating children and program staff,
including regular temperature checks and screening questions, records of attendance, monitoring
those entering/exiting the space to ensure compliance with social‐distancing capacity guidelines,
and
WHEREAS, a DICC staff person, Resana Malone, provided the BGA the assistance outside of her
normal work hours to ensure the project would comply with necessary public health guidelines,
and
WHEREAS, this assistance was unanticipated and necessary to safeguard the health and safety of
all involved in the project, and
WHEREAS, the BGA project has documented supply expenses and expects to have funds
remaining from the $7,500 award, and now, therefore, be it
RESOLVED, that the IURA hereby authorizes a contract modification to the Black Girls Alchemists
Public Art Mosaic project (2019 CDBG, project #11) to reallocate $941.33 from supplies to third
party personnel expenses necessary to comply with COVID‐19 public health mandates during
project implementation at the project site, , and be it further
RESOLVED, that the IURA Director of Community Development is hereby authorized to execute
all necessary and appropriate documents to implement this resolution.
Carried Unanimously: 4‐0
B. 2021 Action Plan: HOME Pre‐Award to INHS for CHDO Set‐Aside Project │ 110 Auburn St. For‐Sale
Single‐Family Home
Graham explained INHS would need to start construction on the project by March 2021, so a pre‐
award was identified as an ideal method to facilitate the process.
Farrell asked how many housing units in the Community Housing Trust (CHT) have been re‐sold, since
they were added to the CHT. Mendizabal responded she would find out from INHS.
Graham moved, seconded by Farrell:
2021 HOME Pre‐Award: 110 Auburn Street ― Community Housing
Development Organization (CHDO) Activity
WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer,
implement, and monitor the City’s HUD Entitlement program in compliance with all applicable
regulations, and
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January 28, 2021
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WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires that at least
15% of HOME Investment Partnerships Program (HOME) funds must be set aside for specific
activities to be undertaken by a special type of nonprofit called a Community Housing
Development Organization (CHDO), and
WHEREAS, Ithaca Neighborhood Housing Authority (INHS), is the City of Ithaca’s only CDHO, and
WHEREAS, INHS has entered into a purchase agreement to acquire a vacant home in Ithaca’s Fall
Creek neighborhood, a high opportunity neighborhood where few affordable homeownership
opportunities exist, and
WHEREAS, INHS proposes to purchase and rehabilitate the single‐family home at 110 Auburn
Street to enroll in the INHS Community Housing Trust program as an affordable homeownership
project, and
WHEREAS, INHS has submitted a funding application to the IURA for $30,000 from the 2021 HUD
Entitlement program, and
WHEREAS, if rehabilitation activities commence in March the home can be ready for sale in the
fall, and
WHEREAS, HUD regulations normally prohibit a grantee from incurring project costs, even at their
own risk, prior to City adoption of the Action Plan (pre‐award costs), and
WHEREAS, the annual Action Plan schedule anticipates the Common Council will consider the
IURA’s recommended Action Plan in June, and
WHEREAS, HOME regulations authorize pre‐award costs in accordance with regulations at 24 CFR
§92.212, and
WHEREAS, pre‐award costs may be incurred subject to the following requirements:
1. The amount of pre‐award may not exceed 25% of the current HOME allocation ($83,750)
2. Preparation of a proposed mini‐Action Plan for the pre‐award project
3. 30‐day public comment period
4. Public hearing (with 10‐day prior notice)
5. Common Council approval of a mini‐Action Plan
6. Completion of NEPA environmental review, and
WHEREAS, a mini‐Action Plan shall include the following elements for the proposed pre‐award
project:
• Project description
• Budgeted amount
• Number and type of persons that will benefit
• Priority need addressed
• Program income anticipated (if any)
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January 28, 2021
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• Targeted completion date
• Notice that HOME funding for the project is subject to future availability of HOME funds, and
WHEREAS, expanding the supply of affordable homeownership opportunities is identified as a
priority need in the 5‐year Consolidated Plan and supports goal #2 of the City’s Assessment of
Fair Housing; now, therefore, be it
RESOLVED, that IURA hereby authorizes INHS to incur HOME pre‐award costs in an amount not to
exceed $30,000 to undertake the 110 Auburn Street affordable homeownership project subject
to Common Council approval of a mini‐Action Plan for the project and compliance with 24 CFR
92.212, and be it further
RESOLVED, that IURA staff is authorized and directed to prepare a proposed mini‐Action Plan and
comply with Citizen Participation Plan requirements for this project, and be it further
RESOLVED, that the 2021 Action Plan shall include the pre‐award activity approved by Common
Council as a CHDO set‐aside project funded from the HOME allocation.
Carried Unanimously: 4‐0
C. CDBG‐CV2 Allocations
1. Community Outreach Worker Program
Graham moved, seconded by Farrell:
CDBG‐CV2: Community Outreach Worker
WHEREAS, the City of Ithaca (City) has received two tranches of supplemental funding allocation
of Community Development Block Grant (CDBG) funds from The Coronavirus Aid, Relief, &
Economic Security (CARES Act), which funding is hereafter referred to as CDBG‐CV, and
WHEREAS, HUD is providing administrative flexibility and waivers to speed approval and delivery
of funds for activities responding to the COVID‐19 Pandemic, and
WHEREAS, the 15% cap on public service activities is waived for CDBG‐CV funds, and
WHEREAS, the initial CDBG‐CV allocation to the City provided $321,299 to invest in CDBG‐eligible
activities of which $8,820 remains unobligated to address emerging needs, and
WHEREAS, the second CDBG‐CV allocation (“third tranche”) to the City provided an additional
$294,269 to invest in CDBG‐eligible activities, and
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January 28, 2021
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WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer,
implement and monitor the City’s HUD Entitlement program in compliance with all applicable
regulations, and
WHEREAS, in order to expedite delivery of funding to the community, IURA has gathered
information from stakeholders and solicited proposals for disaster response/recovery/prevention
projects, and
WHEREAS, the position of Community Outreach Worker provides a critical point of contact for
homeless residents to receive information, referral, and navigation through needed services, and
WHEREAS, the Community Outreach Worker meets and coordinates regularly with other service
providers focused on the assisting residents experiencing homelessness to communicate about
observed needs and coordinate service provision, and
WHEREAS, the role, responsibilities, and relationships maintained by the Community Outreach
Worker are critical to the response, preparation, and prevention of the spread of the coronavirus
among residents of Ithaca who are experiencing homelessness, and
WHEREAS, the Community Outreach Worker works with at least one (homeless persons) and
probably more than one HUD‐presumed low‐ and moderate‐income clientele populations
(persons living with AIDS, battered spouses, and more), thereby meeting a CDBG national
objective, and
WHEREAS, the City can take final action to approve use of CDBG‐CV funds following a Public
Hearing and a 5‐day Public Comment period; now, therefore be it
RESOLVED, that the IURA recommends the City authorize an allocation of up to $65,000 from the
CDBG‐CV funding source to the Community Outreach Worker activity to be implemented by
Family and Children’s Service of Ithaca, and be it further
RESOLVED, that the 2019 HUD Entitlement Action Plan shall be amended to include this activity
that responds to and promotes prevention of COVID‐19.
Carried Unanimously: 4‐0
2. Greater Ithaca Activities Center (GIAC) Programming
Graham moved, seconded by Farrell:
CDBG‐CV2: GIAC Programming
WHEREAS, the City of Ithaca (City) has received two tranches of supplemental funding allocation
of Community Development Block Grant (CDBG) funds from The Coronavirus Aid, Relief, &
Economic Security (CARES Act), which funding is hereafter referred to as CDBG‐CV, and
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January 28, 2021
Page 13 of 15
WHEREAS, HUD is providing administrative flexibility and waivers to speed approval and delivery
of funds for activities responding to the COVID‐19 Pandemic, and
WHEREAS, the 15% cap on public service activities is waived for CDBG‐CV funds, and
WHEREAS, the initial CDBG‐CV allocation to the City provided $321,299 to invest in CDBG‐eligible
activities of which $8,820 remains unobligated to address emerging needs, and
WHEREAS, the second CDBG‐CV allocation (“third tranche”) to the City provided an additional
$294,269 to invest in CDBG‐eligible activities, and
WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer,
implement and monitor the City’s HUD Entitlement program in compliance with all applicable
regulations, and
WHEREAS, in order to expedite delivery of funding to the community, IURA has gathered
information from stakeholders and solicited proposals for disaster response/recovery/prevention
projects, and
WHEREAS, the Greater Ithaca Activities Center (GIAC) provides programs, services, and classes to
children aged preschool through teen and adults including seniors, and
WHEREAS, at least 51% of those GIAC serves are Ithaca residents of low‐to‐moderate income,
and
WHEREAS, interruptions in schooling due to the coronavirus pandemic is causing educational
losses and disruptions which, according to research by such institutions as Brown and Harvard
Universities are likely to have disproportionate impact on African‐American and Latinx students,
and
WHEREAS, GIAC’s afterschool, teen, camp, and other youth programs have a plan to safely
provide educational support, guidance, and necessary social interaction to children of families
most affected by the pandemic, and
WHEREAS, GIAC’s employment‐readiness program likewise provide necessary resources and
services to vulnerable adults, and
WHEREAS, the services described above mitigate the impacts of the coronavirus as well as
prepare for, prevent, and respond to the spread of the coronavirus by providing timely
information to participants and connecting them to health resources,
WHEREAS, the City can take final action to approve use of CDBG‐CV funds following a Public
Hearing and a 5‐day Public Comment period; now, therefore be it
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January 28, 2021
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RESOLVED, that the IURA recommends the City authorize an allocation of up to $175,000 from
the CDBG‐CV funding source to support programs of the Greater Ithaca Activities Center that
meet a HUD National Objective and help prepare for, prevent, or respond to the spread of
coronavirus, and be it further
RESOLVED, that the 2019 HUD Entitlement Action Plan shall be amended to include this activity
that responds to and promotes prevention of COVID‐19.
Carried Unanimously: 4‐0
C. Report from Committee Chair
Graham reported approximately $33,000 in CDBG‐CV funding remains available. The Committee
discussed several possible uses of the funds, but has not yet identified the best use for them.
X. Other Business
A. Review of IURA Financials Report ― December 2020
Bohn reported all HUD Entitlement Program projects are generally progressing well, although the
CDBG‐CV Emergency Rental Assistance Program (ERAP) has not expended its funds as quickly as
originally anticipated.
Bohn explained generating the loan repayment report was delayed this month, but there are no
changes from the prior month. All borrowers are current, except the Finger Lakes School of Massage.
Bohn reported that all lease payments are current, as of today.
B. Chairperson Report
Myrick reported the City will be launching its Law Enforcement Assisted Diversion Program (LEAD), to
reform the criminal justice system, using a $900,000 grant from the Bureau of Justice Assistance’s
Comprehensive Opioid, Stimulant, & Substance Abuse Program (COSSAP).
C. Common Council Liaison Report
Lewis reported the Planning & Economic Development Committee (PEDC) approved the Disposition
and Development Agreement (DDA) for the West and Center Sections of the Green Street Garage
project.
Lewis reported, as initially alluded to in prior meetings, the City’s Anti‐Displacement Learning Network
(ADLN) working group and organizational partners (e.g., Human Services Coalition of Tompkins
County, Cornell Law School) have been formally awarded $1M to address eviction and displacement
through the payment of rental arrears and provision of housing‐stability support services for
approximately 50 households, over an 18‐month period. An Outreach Coordinator would also be
hired. Ithaca is one of only 10 communities in New York State receiving funding to prevent housing
displacement and develop safety nets for tenants, through a $300/month housing subsidy.
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January 28, 2021
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Mendizabal added the ADLN working group continues to explore different options for the guaranteed‐
income portion of the program (e.g., customizing it based on household financial situations). The
program would also collaborate with the Mayors for a Guaranteed Income (MGI) project. Several
components of the program remain to be fully developed.
Farrell asked if there has been any effort to reach out to West Hill Apartments and Chestnut Hill
Apartments about the program. Mendizabal replied she did contact both of them some time ago
about the Emergency Rental Assistance Program (ERAP), but plans on reaching out to them again.
Rosario thanked Mendizabal for reaching out to Community Leaders of Color (CLOC) about MGI and
ADLN. Given that the ADLN grant seeks to structure much of the project through a racial equity lens,
it will be critical to reach out to the wider community in innovative ways to identify people most at‐
risk, but who are not members of more visible/vocal community groups and social networks.
D. Staff Report
Bohn reported the DDA for the Eastern Section of the Green Street Garage project was approved by
Common Council, which added a requirement that the developer employ at least 30% local
construction labor. “Local” is defined as Tompkins County and its six contiguous counties.
Bohn reported St. John’s Community Services (SJCS) has begun exploring potential sites for a new
expanded homeless shelter (50 beds).
XI. Adjournment
The meeting was adjourned at 10:18 A.M.
— END —
Minutes prepared by C. Pyott, edited by N. Bohn.