IURA Neighborhood Investment Committee

In-Person Hybrid Meetings: The IURA no longer conducts Public Meetings exclusively remotely. Meetings must be conducted in person, complying with NYS Open Meeting Law (OML), which applies to all IURA Board and Committees. Members of the public who would like to deliver VERBAL comments at a meeting (3-min. max.) are strongly encouraged to do so using the Zoom link 108 E. Green St. and log-on credentials listed on the agenda, although they are welcome to do so in person at City Hall. WRITTEN public Ithaca, NY 14850 comments may be submitted before the meeting, using the instructions listed on the agenda. Pls. refer to the IURA Public In- (607) 274-6565 Person/Hybrid Meetings Policy for more detailed information and further instructions. LIVE-STREAM VIDEO: A non-interactive YouTube live-stream of the meeting can also be viewed at: https://www.youtube.com/channel/UC7RtJN1P_RFaFW2IVCnTrDg. Because of a slight delay in launching the live-stream, the video may begin a few minutes before the meeting is formally convened. AGENDA IURA Neighborhood Investment Committee (NIC) 8:30 a.m., Thursday, June 8, 2023 (public, staff, & presenters may join remotely) Common Council Chambers (Third Floor) │ 108 E. Green St. │ Ithaca, NY 14850 Join Zoom Mtg.: https://us02web.zoom.us/j/86544854910?pwd=S1FEVkZlWlVWS2tGRlFSdHdKMWk0QT09 Meeting ID: 865 4485 4910 Passcode: J9pfY3 Dial by your location: 646 558 8656 US (New York) Meeting ID: 865 4485 4910 Passcode: 866821 I. Call to Order PUBLIC COMMENTS: WRITTEN public comments may be e-mailed until 3:00 p.m., the day before the meeting to: amendizabal@cityofithaca.org. Members of the public who would prefer to II. Changes/Additions to Agenda deliver VERBAL comments at the meeting (3-min. max.) should either appear in person or use above Zoom link and log-in credentials (for video) or dial-in number and log-in credentials (for III. Public Comments (if any) telephone). IV. Review of Minutes: May 11, 2023 — TABLED (recordings for viewing linked below) May 11, 2023: https://www.youtube.com/watch?v=PO6SUSl8QXU V. New Business A. Committee Updates and Changes 1. Appointment of Chair – Outcome of Nomination 2. Scheduling 3. Recruiting Committee Members B. 2023 Community Based Development Organization (CBDO) Designation 1. Greater Ithaca Activities Center, Inc. (GIAC, Inc.) - Resolution C. 2023 Community Housing Development (CHDO) & 2023 Community Based Development Organization (CBD0) Designation 1. Ithaca Neighborhood Housing Services (INHS) - Resolution D. Catholic Charities of Tompkins/Tioga (CCTT) Request to Modify 2021 Contract “Security Deposit Assistance for Vulnerable Households” - Resolution Guests: Michaela Cortright, Deputy Director, CCTT; Liddy Bargar, Director of the Tompkins County Continuum of Care VI. Old/Other Business A. IURA Grants Summary B. Staff Report VII. Motion to Adjourn If you have a disability and require specific accommodation in order to fully participate, please contact the CITY OF ITHACA CLERK’S OFFICE at 274-6570 or clerk@cityofithaca.org at least 72 hours prior to the meeting. 108 East Green Street Ithaca, New York 14850 (607) 274-6559 To: IURA Board & Committees CC: Nels Bohn, Community Development Director; Charles Pyott, Contracts Monitor From: Anisa Mendizabal, Community Development Planner Re: Application to Designate Greater Ithaca Activities Center, Inc., (GIAC, Inc.) as a CBDO Date: June 8, 2023 The Board of Greater Ithaca Activities Center, Inc. (GIAC, Inc.), has applied for Community Based Development Organization (CBDO) status for the 2023 Action Plan and has submitted a funding application for the Hospitality Employment Training Program (HETP) job placement program. The application for CBDO designation was submitted on March 13, 2023. The following table compares the requirements for CBDO status against information submitted by GIAC, Inc.: Requirement per 570.204(c)(1) Staff Analysis Organizational Purpose: YES Organized under state law to undertake The Constitution of GIAC, Inc. (October 1991) community development activities. identifies its mission as “providing the community with multi-cultural, educational, and recreational programs focused on individual and social development.” Its Certificate of Incorporation states the organization's purpose is “to provide coordinated, balanced programs of a social, educational, cultural, recreational, and health nature for the good of the greater Ithaca area.” Board Composition: YES A. Maintain at least 51% of governing body either GIAC, Inc.’s amended Bylaws (2017) indicate its LMI residents of area of operation, owners or Board shall consist of no fewer than 9 and no more senior officers of private establishments and than 15 members. GIAC, Inc.’s Board is now institutions in the service area, or comprised of 11 members, down from 13 in 2022. representatives of LMI neighborhood Each member comprises 9.1% of the Board. Six (6) organizations in the service area. of the 11 members (54.6%) meet CBDO composition requirements. YES B. No more than 33% of the governing body may There is one member (9.1%) in this category. This be elected officials or employees/appointees does not exceed the 33% cap. of the City of Ithaca. Board Membership: YES Members of the board must be nominated and As evidenced by Constitution Article VI Section 1 approved by membership or permanent governing and by the list of GIAC, Inc.’s Board of Directors. body, except that up to 1/3 of the board may be appointed or be elected officials. Purpose of the Organization: YES Have as its primary purpose the improvement of Constitution Article II Section 2. the physical, economic, or social environment of its service area with particular emphasis on LMI persons Organizational Status: YES Must be either non-profit or for-profit with only 501(c)(3) incidental monetary benefit for its members. Assets: YES Must not be subject to reversion of assets to the No such reversion clause included in Bylaws or grantee upon dissolution, except for assets related Articles of Incorporation to specific grants. Contracting: YES Must be free to contract for goods and services Bylaws, Article V describes contracting in from vendors of its own choosing compliance with this requirement. CBDO Recommendation GIAC, Inc. has been designated a CBDO in the past and its current application is in order, as evidenced by the above analysis. Community development is one of GIAC, Inc.’s stated aims, and it has functioned as a CBDO by providing job readiness and job training to the community since 2012. IURA staff believe, after reviewing its Mission Statement, Bylaws, and Certificate of Incorporation, that GIAC, Inc. meets the CDBO requirements. CDBG Public Service Cap Exemption One category of eligible CDBG activity is a “special activities by CBDOs”. Under certain circumstances, a CBDO is not subject to the 15% CDBG expenditure cap otherwise applicable to Public Services. To be exempt from the Public Service cap, the CBDO must both: (1) Undertake an eligible CBDO project, and (2) Carry out a service designed to increase economic opportunities for low- and moderate-income persons through job training and placement and other employment support services (e.g., child care, peer support programs, counseling, child care, transportation and other similar services). Eligible CBDO projects include any of the following: ● Neighborhood revitalization, ● Community economic development, or ● Energy conservation project. According to HUD’s CDBG Desk Guide, a CBDO “community economic development” project must include activities that increase economic opportunity, principally for low- and moderate-income persons, or that are expected to create or retain businesses or permanent jobs within the community. HUD has emphasized that the provision of general job readiness training is not sufficient to qualify an activity as a CBDO Community Economic Development project; job placement must be the intended and actual outcome of such an activity. The Hospitality Employment Training Program job training and placement program appears to satisfy this criterion; therefore, it is not subject to the 15% Public Services cap. Proposed Resolution IURA Neighborhood Investment Committee June 8, 2023 2023 IURA Designation of Greater Ithaca Activities Center, Inc. (GIAC, Inc.) as a Community-Based Development Organization WHEREAS, the Board of Greater Ithaca Activities Center, Inc. (GIAC, Inc.) seeks designation by the Ithaca Urban Renewal Agency (IURA) as a Community-Based Development Organization (CBDO), and WHEREAS, the City of Ithaca has designated the IURA to administer the City’s HUD Entitlement Program that oversees Community Development Block Grant funds awarded to the City, and WHEREAS, an eligible category of CDBG activities is a “Special Activity by CBDO”, that offers certain advantages, such as exemption from the 15% expenditure cap otherwise applicable to public service activities, authorization to carry out new housing construction (normally prohibited with CDBG funds), and discretion to allow income generated by a CDBG-funded activity to not be considered CDBG program income, and WHEREAS, the following four tests established at CFR Title 24 §570.204 must be met to qualify under a category of “Special Activity by CBDOs”: 1. The entity qualifies as a CBDO, including the 51% board membership test; 2. The CBDO will undertake an eligible project; 3. That the CBDO will carry out the funded activity directly or with an entity other than the grantee; 4. That the CBDO will not carry out a prohibited activity, and WHEREAS, a CBDO must maintain at least 51% of its governing body’s membership to be made up of any combination of the following: ● Low- and moderate income residents of its area of operation ● Owners or senior officers of private establishments and other institutions located in its area of operation ● Representatives of low- and moderate-income neighborhood organizations located in its area of operation, and WHEREAS, a CBDO must have as its primary purpose the improvement of the physical, economic, or social environment of its geographic area of operation, with a particular emphasis on the needs of low- and moderate-income persons, and 1 WHEREAS, the project undertaken by the CBDO must qualify as one or more of the following project types: ● neighborhood revitalization; ● community economic development; ● energy conservation project; and Whereas, IURA evaluated GIAC, Inc.’s CBDO application and recommended the following; now, therefore, be it RESOLVED, that the IURA determines that Greater Ithaca Activities Center, Inc. meets the requirements for eligibility as a CBDO, and that the GIAC, Inc.’s “Hospitality Employment Training Program” qualifies as an eligible CBDO activity, and be it further RESOLVED, that the IURA hereby designates Greater Ithaca Activities Center, Inc. as a Community-Based Development Organization (CBDO) and its “Hospitality Employment Training Program (HETP) Job Placements” as eligible for CDBG funding under the category of “Special Activities by CBDOs”. 2 108 East Green Street Ithaca, New York 14850 (607) 274-6559 To: IURA Board & Committees CC: Nels Bohn, Community Development Director; Charles Pyott, Contracts Monitor From: Anisa Mendizabal, Community Development Planner Re: CHDO as a CBDO – INHS Designation Date: June 8, 2023 I. CHDO Checklist The Checklist below indicates the documentation that INHS has provided to evidence its ability to act as a Community Housing Development Organization (CHDO). IURA Staff reviewed the documents and has determined they meet CHDO Standards. 1 (continued next page) 2 II. CHDO Board Composition Requirements CHDO designation requires 33% of the applicant organization’s board members to meet one of three qualifying criteria (discussed in depth in Section III, below). INHS’s amended by- laws (2021) state that its Board is to be comprised of up to 15 members. There are currently 12 INHS Board Members. For the purposes of calculation, we divide 100% by the existing number of board members (12). Each member constitutes 8.3% of the Board. 3  To meet the 33% threshold of CHDO-qualified board members, INHS needs at least four (4) members to be able to self-certify. Eight (8) of INHS’s Board Members have self-certified. Of the eight, six (6) live in Ithaca/Tompkins County. IURA Staff verified that 6 of the INHS Board Members live in a LMI neighborhood and/or are LMI themselves. (Again, see further explanation in Section III). Therefore, at least 50% of the INHS Board qualifies, 17% more than is required. III. CDBO vs. CHDO Board Composition Requirements A. HUD’s Board Composition requirements for Community-Based Development Organizations (CBDOs) and Community Housing Development Organizations (CHDOs) are similar but not the same. Both types of designation require that the organization serve an LMI community (-ies). Both require organizations to demonstrate that a certain portion of their board has personal or professional ties to the community being served-- for a CBDO, at least 51% of board members must qualify under the self- certification standards whereas for a CHDO, at least 33% is required. The self- certification criteria for the two designations have key differences, which are summarized in the chart below. CBDO Board Composition CHDO Board Composition A - LMI Resident of Service Area [Individual] A - Resident of LMI1 Neighborhood2 B - Business Owner/Sr. Officer of Institution in B - Other Low-Income Community Member Service Area C - Representative of an LMI Neighborhood Org C - Elected3 Rep of LMI Neighborhood Assn [requires election] B. Another difference between the two designations is that the service area for a CBDO is generally contained within the Participating Jurisdiction, while HUD guidelines allow for CHDOs to have a broader reach, especially if the CHDO serves a rural area. Therefore, a rural CHDO may draw board members from a multi-county service area. Under the HOME program, for urban areas, the term "community" is defined as one or several neighborhoods, a city, county, or metropolitan area. For rural areas, "community" is defined as one or several neighborhoods, a town, village, county, or multi-county area (but not the whole state). 1 Note that in this category, the board member themself is not required to be LMI, only to reside in a majority-LMI neighborhood. 2 If the CHDO serves a rural area, the “neighborhood” could be outside PJ or Tompkins County. The application needs to be sure to obtain the Income Limits documentation appropriate each certifying board member’s residential neighborhood. 3 CHDO’s “elected” representative is higher bar that the CBDO standard, which does not specify that the representative be elected. 4  - CPD Notice 97-11: Guidance on CHDOs under the HOME Program (Supercedes CPD Notice 94-02” C. These factors have an implication for the IURA CHDO/CBDO Review Process. 1. IURA has had a practice of certifying our CHDO specifically for the PJ’s service area (City of Ithaca). 2. IURA will continue to attempt to reach the certification threshold by analyzing the qualifying criteria of board members whose self-certification involves Ithaca (the PJ). a. If the threshold for certification is not met after analyzing Ithaca-centered board members, qualifications of board members living outside the PJ will be analyzed. b. The complexity of documenting and qualifying board members outside of the PJ (and, next level, Tompkins County) contributes to IURA’s rationale for this method. i. Income Qualification: The City of Ithaca’s HUD Income Limits = Tompkins County’s Income Limits (they are the same). INHS has board members living outside of Tompkins County. They will need to provide proof they qualify in their appropriate City/County. ii. LINK TO HUD INCOME LIMITS: https://www.huduser.gov/portal/datasets/il.html iii. LMI Neighborhoods: Similarly, board members seeking to qualify as a Resident of an LMI neighborhood will need to provide proof to us via HUD census or HUD’s Low- and Moderate-Income Area Data Mapping Application. iv. LINK TO LMI AREA MAPPING APPLICATION: https://hud.maps.arcgis.com/apps/webappviewer/index.html?id=ffd059 7e8af24f88b501b7e7f326bedd IV. Substantial Similarity: A Regulatory Pathway for Certifying a CHDO as a CBDO A. 24 CFR 570.204 – Special Activities by Community-Based Development Organizations (CBDOs) paragraph (c)(1) describes the general process by which community organizations may be designated a CBDO, a process familiar to IURA’s Neighborhood Investment Committee and Board. B. Paragraph (c)(2) and (3) describe other pathways for designation as a CBDO. These paragraphs are included below, with emphasis added to facilitate discussion. (2) A CBDO that does not meet the criteria in paragraph (c)(1) of this section may also qualify as an eligible entity under this section if it meets one of the following requirements: 5  (i) Is an entity organized pursuant to section 301(d) of the Small Business Investment Act of 1958 (15 U.S.C. 681(d)), including those which are profit making; or (ii) Is an SBA approved Section 501 State Development Company or Section 502 Local Development Company, or an SBA Certified Section 503 Company under the Small Business Investment Act of 1958, as amended; or (iii) Is a Community Housing Development Organization (CHDO) under 24 CFR 92.2, designated as a CHDO by the HOME Investment Partnerships program participating jurisdiction, with a geographic area of operation of no more than one neighborhood, and has received HOME funds under 24 CFR 92.300 or is expected to receive HOME funds as described in and documented in accordance with 24 CFR 92.300(e). (3) A CBDO that does not qualify under paragraph (c)(1) or (2) of this section may also be determined to qualify as an eligible entity under this section if the recipient demonstrates to the satisfaction of HUD, through the provision of information regarding the organization's charter and by-laws, that the organization is sufficiently similar in purpose, function, and scope to those entities qualifying under paragraph (c)(1) or (2) of this section. [60 FR 1944, Jan. 5, 1995, as amended at 71 FR 30035, May 24, 2006; 81 FR 92636, Dec. 20, 2016] C. IURA Staff have analyzed INHS’ application and documentation and have determined that INHS does qualify as a CHDO. However, INHS’s service area is now larger than that described at (c)(2)(iii). a. INHS was founded in Ithaca and has served Ithaca as a CHDO since Ithaca was designated an Entitlement Community in 2004. b. INHS previously qualified as a CBDO. c. IURA Staff have determined that through review of its charter and by-laws that it is sufficiently similar in purpose, function, and scope to a CBDO. d. IURA Staff will provide the above information to HUD for input. 6 Proposed Resolution IURA Neighborhood Investment Committee June 8, 2023 2023 Designation of Ithaca Neighborhood Housing Services, Inc. (INHS) as a Community Housing Development Organization (CHDO) and as a Community Based Development Organization (CHD)) WHEREAS, the Ithaca Urban Renewal Agency (IURA) has been designated by the City of Ithaca as the Lead Agency to develop, administer and implement the HUD Entitlement Grant program, including funds received through the HOME Investment Partnerships (HOME) program, and WHEREAS, grant recipients under the HOME program are termed Participating Jurisdictions (PJs), and WHEREAS, PJs must reserve not less than 15% of their HOME allocation for investment in housing to be developed, sponsored, or owned by Community Housing Development Organizations (CHDOs), and WHEREAS, each PJ must annually identify CHDOs that are capable of carrying out projects to address priority housing needs identified in the Consolidated Plan, and WHEREAS, a CHDO is a specific type of community-based non-profit organization as defined in 24 CFR §92.2, and WHEREAS, on December 27, 2023, Ithaca Neighborhood Housing Services, Inc. (INHS) submitted materials documenting its qualifications and requested renewal of its designation as a CHDO by the IURA, and WHEREAS, on May 25, 2023, IURA Staff completed a point-in-time review of said documents, and WHEREAS, at its June 8,2023 meeting, the Neighborhood Investment Committee of the Ithaca Urban Renewal Agency compared the submitted materials against CHDO criteria and recommends the following; now, therefore be it RESOLVED, that the IURA, acting in its capacity as the Lead Agency for the Participating Jurisdiction of the City of Ithaca, hereby renews its designation of Ithaca Neighborhood Housing Services, Inc. as a CHDO for the 2023 Action Plan, and be it further RESOLVED, that the IURA, acting in its capacity as the Lead Agency for the Participating Jurisdiction of the City of Ithaca, and pursuant to 24 CFR §570.204(c)(3) hereby renews its designation of Ithaca Neighborhood Housing Services, Inc. as a Community Based Development Organization (CBDO) for the 2023 Action Plan, pending input from HUD. May 23, 2023 Nels Bohn, Director of Community Development Chris Proulx, IURA Board Chair Dear Sirs: Catholic Charities Tompkins/Tioga (CCTT) is writing to request a modification to our 2021 Security Deposits contract, Project #7: “Security Deposit Assistance for Vulnerable Households”. The contract currently refers to CCTT’s Program Guidelines as stated below: Housing for School Success and Rapid Rehousing aim to assist households that are unhoused in attaining housing. We have found it appropriate to extend the one-time exception to any household experiencing homelessness. It is difficult for low- to moderate-income households, particularly those experiencing homelessness, to identify housing that meets their ability to pay rent, as has been documented in the City’s adopted HOME-ARP Allocation Plan and the CoC’s “Home Together, Tompkins” plan. In most or all cases, the prospective tenant’s ability to provide a security deposit is essential to finalizing their rental agreement. Landlords are unlikely to hold units open for a household that needs an extended amount of time to gather funds for a security deposit, and certainly would move on to another prospective tenant if a candidate is unable to provide a security deposit. Modifying our guidelines—and therefore our contract with IURA—to provide an exception to any unhoused household would align our program with local plans to reduce homelessness and housing instability. It would also allow us to quickly provide security deposits for households exiting homelessness. Without a modification, we don’t have a mechanism to serve people exiting homelessness but who are not being served by Housing for School Success or a Rapid Rehousing voucher. We hope you will agree that this modification would help us better serve the community. I’m available to answer any questions you may have. Sincerely, Michaela Cortright ADOPTED RESOLUTION Ithaca Urban Renewal Agency May 25, 2023 Contract Modification to 2021 Project #7 “Security Deposit Assistance for Vulnerable Households” WHEREAS, Catholic Charities of Tompkins-Tioga (CCTT) is the project sponsor for 2021 Project #7 “Security Deposit Assistance for Vulnerable Households,” which provides full security deposits to aid income-qualified households in securing housing, and WHEREAS, on May 18, 2022, the IURA and CCTT executed a contract to implement Project #7, and WHEREAS, Section 2.a.(ix) of the contract states: (ix) per Sub-Recipient’s Program Guidelines and long-standing policy, security deposit assistance shall be limited to first-time beneficiaries, unless an applicant is enrolled in the Housing for School Success Program or has been issued a Rapid Rehousing voucher. and, WHEREAS, CCTT has recently modified its Program Guidelines and long-standing policy to extend the exception of first-time beneficiaries to include all households experiencing homelessness, and WHEREAS, CCTT requests a contract modification to reflect this change in its Program Guidelines, and WHEREAS, such a contract modification aligns with the goals of the City of Ithaca’s HUD- Approved HOME-ARP Allocation Plan and the Tompkins County Continuum of Care’s City- endorsed “Home Together, Tompkins” Plan; now, therefore, be it RESOLVED, the IURA Chair is hereby authorized to execute a contract modification with Catholic Charities of Tompkins-Tioga for 2021 Project #7 “Security Deposit Assistance to Vulnerable Households” to extend the exception to the one-time beneficiary eligibility requirement to any households experiencing homelessness. Proposed Resolution IURA Neighborhood Investment Committee June 8, 2023 Contract Modification to 2021 Project #7 “Security Deposit Assistance for Vulnerable Households” WHEREAS, Catholic Charities of Tompkins-Tioga (CCTT) is the project sponsor for 2021 Project #7 “Security Deposit Assistance for Vulnerable Households,” which provides full security deposits to aid income-qualified households in securing housing, and WHEREAS, on May 18, 2022, the IURA and CCTT executed a contract to implement Project #7 Security Deposit Assistance for Vulnerable Households of the 2021 HUD Action Plan, and WHEREAS, Section 2.a.(ix) of the contract c” states (ix) per Sub-Recipient’s Program Guidelines and long-standing policy, security deposit assistance shall be limited to first-time beneficiaries, unless an applicant is enrolled in the Housing for School Success Program or has been issued a Rapid Rehousing voucher. and, WHEREAS, CCTT has recently modified its Program Guidelines and long-standing policy to extend the exception of first-time beneficiaries to include all households experiencing homelessness, and WHEREAS, CCTT requests a contract modification to reflect this change in its Program Guidelines, and WHEREAS, such a contract modification aligns with the goals of the City of Ithaca’s HUD- Approved HOME-ARP Allocation Plan and the Tompkins County Continuum of Care’s City- endorsed “Home Together, Tompkins” Plan, therefore, now be it RESOLVED, the IURA Chair is hereby authorized to execute a contract modification with Catholic Charities of Tompkins-Tioga for 2021 Project #7 “Security Deposit Assistance to Vulnerable Households” to extend the exception to the one-time beneficiary eligibility requirement to any households experiencing homelessness.