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HomeMy WebLinkAboutTB Minutes 2006-07-24July 24, 2006 Town Board Meeting Approved August 14, 2006 1 REGULAR MEETING OF THE ITHACA TOWN BOARD 215 NORTH TIOGA STREET, ITHACA, NY 14850 MONDAY, JULY 24, 2006 AT 5:30 PM THOSE PRESENT: Catherine Valentino, Supervisor; Will Burbank, Councilman; Sandy Gittelman, Councilwoman; Herb Engman, Councilman; Peter Stein, Councilman; Jeff Cowie, Councilman; Pat Leary, Councilwoman. STAFF PRESENT: Tee-Ann Hunter, Town Clerk; Guy Krogh, Attorney; Fred Noteboom, Highway Superintendent; Dan Walker, Director of Engineering; Jonathan Kanter, Director of Planning; Al Carvill, Budget Officer; Judy Drake, Human Resources Manager. OTHER PRESENT: Tim Joseph, Tompkins County Legislature; Bob Romanowski, Ithaca Fire Commissioner; Thak Chaloemtiarana, 881 Taughannock Boulevard; Larry Salmi, Town of Ithaca Public Works Department; Linda Fetherbay, Town of Ithaca Court Clerk; Don Ten Kate, Town of Ithaca Public Works Department; Rich Ten Kate, Town of Ithaca Public Works; Hank Yolman, Town of Ithaca Public Works; Craig Ballard, Town of Ithaca Public Works and Tax Payer; Jamie Stevens, Town of Ithaca Public Works; Gail H. Kroll, Town of Ithaca Public Works; Rich Schoch, Town of Ithaca Public Works; Carrie Whitmore, Town of Ithaca Employee; Lisa Carrier-Titti, Town of Ithaca Employee; Nicole Carrier-Titti, Spouse of Town of Ithaca Employee; Sandra Polce, Town of Ithaca Employee; Dani Holford, Town of Ithaca Employee; Marnie Kirchgessner, Town of Ithaca Employee. CALL TO ORDER Supervisor Valentino called the meeting to order at 5:35 p.m. and led the assemblage in the Pledge of Allegiance. Supervisor Valentino introduced Guy Krogh, an attorney filling in for Susan Brock, to the Board. The Board introduced themselves to Mr. Krogh. Agenda Item No. 3 - Report of Tompkins County Legislature – Tim Joseph Tim Joseph appeared before the Board on behalf of the Tompkins County Legislature and reported as follows: The Legislature voted to join the Tompkins County Council of Governments and appointed Tim Joseph as the County representative and Martha Robertson as the alternate. The County hired two Deputy County Administrators. Paula Younger was appointed fulltime Deputy Administrator and Sean Martell-Moore was appointed half-time Deputy Administrator, and half-time Director of Human Rights. The County is hopeful it will help the County Administrator in his workload. The Government Operations Committee has been reviewing the County policy on Advisory Boards. The County has 100 seats for Legislators on various outside boards. Mr. Joseph is encouraging some of the seats to be dropped. They have had some difficulty with the residency requirements for some of the seats. The Probation Director is required by the State to serve on the Criminal Justice Advisory Board, but the Probation Director does not July 24, 2006 Town Board Meeting Approved August 14, 2006 2 live in the County. Tompkins County has a policy that a person must be a resident of the County in order to serve on a Board. The policy has been changed to say, “except when State Law requires otherwise.” Mr. Joseph noted that the Legislature is talking about changing the requirement so that if the seat were designated for a position, then the residency rule would not apply. He was interested in the Town’s policy with regard to residency requirements on committees. Supervisor Valentino said that the Town has been fortunate and has not had a problem in finding persons to serve on committees and boards. Mr. Joseph asked if the Town had any problems with someone not being able to serve on a committee because of residency requirements. Supervisor Valentino did not think the Town has as many restrictions of categories with regard to who is able to serve on a committee. Mr. Joseph did not have anything further to report. Supervisor Valentino asked if the board had any questions for Mr. Joseph. There were no questions and Supervisor Valentino thanked Mr. Joseph for his report. Agenda Item No. 5 - Report of Fire Commission (Attachment #1) Bob Romanowski appeared before the Board on behalf of the Fire Commission and read his monthly report. Supervisor Valentino asked if the board had any questions for Mr. Romanowski. There were no questions and Supervisor Valentino thanked him for his report. Rearranging Agenda Supervisor Valentino noticed that there were several employees in the audience interested in the discussion of the 2007 wage scale. She suggested the Board move that and Councilman Stein’s presentation up on the agenda to occur after the presentation of the Stream Setback law. Councilman Stein had two items to present to the Board before considering approval of the wage scale. The first was a presentation about the personnel budget and the second was introduction of a resolution regarding the increment of wages of Town Board members. Councilman Stein preferred to make his presentation and introduction of the resolution before the discussion of the 2007 wage scale. Ms. Ritter suggested that the discussion regarding the wage scale could take place before the Stream Setback presentation. The Board agreed to rearrange the agenda. Agenda Item No. 6 – Persons to be Heard and Board Comments Thak Chaloemtiarana, 881 Taughannock Boulevard (Attachment #2 – Letter from Mr. Chaloemtiaranna Mr. Chaloemtiarana appeared before the board to discuss the problem he has been having with his neighbors renting out their property on a weekly basis. He provided documents regarding the situation that were distribution to the board prior to the evening’s meeting. July 24, 2006 Town Board Meeting Approved August 14, 2006 3 Mr. Chaloemtiarana was interested in the definition of “residential” because his neighbor has rented her house by the week for the past two years. He was very annoyed when he came upon a lease contract signed by 12 people. This lead him to research the zoning code, which defined a family as a unit of people who are related or two unrelated people. The lease was sent to the building department. Mr. Williams was interested in talking with the renters, but they are mainly there on the weekend and Mr. Williams does not work weekends. Mr. Williams wrote a letter based upon the lease, saying that the zoning ordinance was being violated. Mr. Chaloemtiarana commented that he shares a driveway with this property and currently there are 4 cars in the driveway. The next time Mr. Williams went to the property, he interviewed the tenants and the tenants stated that only one family was renting. The other people in the house were referred to as visiting friends. Mr. Chaloemtiarana questioned how that could be if the people visiting stay for the duration of the rental period. There is nothing in the zoning law that addresses length of rental. He has also been asked by his neighbor to police the parking lot and to tow anyone blocking him in. Mr. Chaloemtiarana directed the board’s attention to the packet of information he provided. He referred to the advertisements on vacationrentals.com and gave an overview of the ad on the website. The total rental per week is $3000, which is a big incentive for his neighbor to continue renting the property out on a weekly basis. He is not sure what to do, but has registered his concern on the Town website asking for comments and did not receive a response. It was a last resort for him to come to speak to members of the board, who are his representatives. Mr. Chaloemtiarana noted he received a response from Councilman Engman and Councilman Stein, who promised to look into the problem. After consulting with an attorney, Mr. Chaloemtiarana wondered why as a tax paying citizen he should have to pay a lawyer to sue his neighbor or force the Town to enforce the zoning ordinance. Mr. Chaloemtiarana thanked the board for their time. Supervisor Valentino responded that several staff members and the Attorney for the Town have been looking at the situation and the zoning ordinance. She agreed that it was an unhappy situation for Mr. Chaloemtiarana, but staff is looking at it and trying to come to grips with the problem. Mr. Chaloemtiarana commented that he is not opposed to renting to long- term renters. It is difficult for him to get to know short-term renters. He did not think it was right for the Code Enforcement Officer to tell him that it was okay for one person to rent the property and the renter has the right to bring in 4 or 5 families every week for the duration of the rent period. Supervisor Valentino reassured Mr. Chaloemtiarana that the Town was looking into it. Councilman Stein thought that it was a violation of the law because the zoning ordinance limits the number of unrelated persons living together. He wondered if the zoning in this area was different from the zoning on South Hill. Mr. Kanter commented that it is basically the same provision in the zoning ordinance, but the difference is the time of the rentals. The typical situation on South Hill is usually semester or yearly leases. Mr. Chaloemtiarana’s situation deals with weekly or shorter leases. July 24, 2006 Town Board Meeting Approved August 14, 2006 4 Councilman Stein referred to his experience with the zoning on South Hill and understood that a resident would have to make a complaint to the Zoning Officer regarding a violation of the zoning. The Zoning Officer would investigate the complaint and then make a determination. He wondered if this was the same situation. Mr. Walker explained that the occupancy requirements are the same in both situations. The Town received a complaint documented by the leasing document, which rented the property to 12 individual. This was a clear violation of the zoning ordinance. In response to the violation, Mr. Williams wrote a letter to the owner of the property stating that they were in violation of the zoning ordinance if 12 people were renting the house. The owner’s attorney responded by letter stating that the house would not be rented to more than a family unit. Mr. Walker commented that enforcement of renters having visitors is very difficult. Councilman Burbank asked Mr. Chaloemtiarana if the problem occurred seasonally. Mr. Chaloemtiarana explained that the property is rented out weekly year round. Councilman Burbank inquired if there were other properties being rented by the week. Mr. Chaloemtiarana was only aware of this property because of the share driveway. He understood the interpretation, but the property is advertised by the week without saying that the people needed to be related. Supervisor Valentino reiterated that Mr. Walker, Mr. Kanter, Ms. Brock and herself have been reviewing the situation and looking for a solution. Councilwoman Leary thought that there was overwhelming evidence that this was an ongoing business. She felt that the code should be changed to prohibit very short-term rentals as an ongoing business and that a neighbor should not have to be subjected to a business next door making $12,000 a month. Mr. Walker did not interpret the code to say that it is an illegal occupancy. He also has heard that there are a number of properties on Taughannock Boulevard that rent as well. He felt that the board needed to be aware of it before they change the code because there are a lot of other people doing the same thing and it might cause some other problems or issues. Mr. Walker appreciates the problem of having a neighbor that is not considerate. Councilman Stein could not believe that this situation has never arisen before on lakefront properties in other communities. He was not sure if there was anything that they could do, but knew that they have to take the problem seriously once it has been pointed out to the board. They should research what other communities have done to address the problem and get back to Mr. Chaloemtiarana in a reasonable amount of time. Supervisor Valentino reiterated that that is what staff is doing. They are having meetings and looking at what has been done in other communities. The research will be reported to the board. Mr. Kanter commented that the Codes and Ordinances Committee looked at the information at their last meeting and decided that they would like to discuss it further at their next meeting. Supervisor Valentino thanked Mr. Chaloemtiarana for coming before the board. Agenda Item No. 17 - Consider approval of 2007 wage scale Don Ten Kate, Working Supervisor, Public Works Department Mr. Ten Kate appeared before the board and read from a prepared statement. (Attachment #3) July 24, 2006 Town Board Meeting Approved August 14, 2006 5 Craig Ballard, Senior Engineer Public Works Department, Town Resident Mr. Ballard appeared before the board and gave a brief statement in support of a 4% wage increase. Larry Salmi, Heavy Equipment Operator, Public Works Department Mr. Salmi appeared before the board and gave a brief statement in support of a 4% wage increase. Hank Yolman, Laborer, Public Works Department Mr. Yolman appeared before the board and gave a brief statement in support of a 4% wage increase. Supervisor Valentino stated the people would be able to make comments to the board after presentations have been made. Councilman Stein and Councilman Engman responded to Mr. Ten Kate’s comments by saying that they agreed that there needed to be communication established between the Board Personnel Committee and the staff Personnel Committee and it should be rectified immediately. However, New York State Law states that Board Committees may be comprised of board members only. Board members agreed that it was important to have communication with staff and that the communication needed to be reestablished. There was discussion amongst board members regarding the configuration of board committees and who could serve on those committees. Councilman Stein introduced and moved a resolution regarding annual increases to board member salaries (Attachment #4). The draft resolution was read into the record. Councilman Engman seconded the motion. The board discussed the draft resolution and determined that the resolution reflected current practice of salary increases for the board. Councilwoman Leary thought that the board should consider increasing board member salaries so that it would be more feasible for people from every economic situation to run for Town Board. She added that the board should look at surrounding communities to see what other board members are paid. The board agreed to look at bringing their salaries up to a living wage, but it would be looked at separately from the current year’s cost of living increase. TB RESOLUTION NO. 2006-158: Salary Improvement Program for Elected Officials WHEREAS, it is in the best interests of the citizens of the Town of Ithaca to enable any town citizen, irrespective of personal financial circumstances, to serve as an elected official of the Town, and WHEREAS, it is also in the best interests of the Town of Ithaca that the compensation of employees of the Town keeps pace with the standard of living of town residents, and WHEREAS, it is advisable to minimize the inherent conflict of interest when the Town Board and the Supervisor are responsible for proposing and setting their own salaries, July 24, 2006 Town Board Meeting Approved August 14, 2006 6 THEREFORE BE IT RESOLVED, that the Town Board requests the Supervisor to use the same salary improvement program for elected officials as for the Town staff for the purpose of preparing the Supervisor’s tentative budget. MOVED: Councilman Stein SECONDED: Councilman Engman. VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion Carried. Councilman Stein made a presentation to the board regarding the rate of increase in the personnel lines of the budget from 2000 to 2005. (Attachment #5 – printed copy of Councilman Stein’s overhead slides) The board and staff discussed Councilman Stein’s presentation at length. After much discussion, the board heard additional comments from staff. Mr. Ballard addressed the board regarding expenses being decreased since the Town has begun doing projects on their own rather than contracting out for services. He further explained he has never been asked about how to cut expenses and there are many things that staff sees could be cut, but staff are not asked for their opinion. Marnie Kirchgessner, Recreation and Youth Coordinator, Town of Ithaca Ms. Kirchgessner comment on the high caliper and productivity of staff. Jonathan Kanter, Director of Planning, Town of Ithaca Mr. Kanter commented on the Board Personnel Committee’s recommendation of 3.6% wage increase. He also commented on the human aspect that Councilman Stein addressed in his presentation. Mr. Kanter has worked for the Town for 12 years and staff morale is at the lowest level he has ever seen it, but at the same time productivity is probably at its highest. He felt that that could not keep happening and it is an important time for the Town Board to step up and show support for employees. Dani Holford, Senior Typist, Town of Ithaca Ms. Holford appeared before the board and requested that the staff be treated with the respect that they deserve. Supervisor Valentino brought discussion back to the board. Councilman Cowie and Supervisor Valentino discussed being able to have conflict and respect for the other party at the same time. Councilman Stein and Supervisor Valentino further discussed Councilman Stein’s presentation and the discussion that had taken place earlier in the evening. Ms. Hunter requested that someone call the question with regard to the 2007 wage scale. Councilwoman Leary questioned the respectfulness of senior staff walking out in the middle July 24, 2006 Town Board Meeting Approved August 14, 2006 7 of a discussion. She stated that the board was trying to have an open, honest discussion and that the board was arguing amongst themselves as well. It is not board versus staff. Supervisor Valentino brought the board’s attention to the resolution before the board regarding the 2007 wage scale. Councilman Engman clarified that the Board Personnel Committee can make a recommendation to the board regarding the wage increase and the board can pass a resolution suggesting an increase to the Supervisor, but ultimately the Supervisor determines the numbers used in the tentative budget. Supervisor Valentino concurred that the purpose of the resolution was for the board to make a recommendation to the Supervisor. Supervisor Valentino explained that she has budgeted for staff to receive a 4% wage increase and for health insurance costs to be covered 100% by the Town. Currently, she is looking at roughly a 3% tax increase. Councilman Stein did not see the point in voting on the resolution the board received in their packet and moved to table the resolution because it does not add anything to the discussion that took place. Councilman Burbank seconded the motion to table. Councilman Stein stated that the reason he made a motion to table was because he felt that he still did not have enough information to come to a decision. He is hoping to meet with Ms. Drake before the next meeting and will have an understanding of the numbers. TB RESOLUTION NO. 2006-159: Table Consideration of 2007 Wage Scale (Attachment #6 – Memo from J. Drake) BE IT RESOLVED, that the Town Board of the Town of Ithaca tables consideration of the 2007 wage scale. MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Valentino, nay; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion Carried. Agenda Item No. 7 – Presentation regarding draft stream setback law Councilman Engman asked Ms. Ritter if she was willing to come back to the August board meeting to make her presentation. Ms. Ritter offered to meet with board members in groups to provide them the information. The purpose of the presentation was to make the board aware of the law so that the public could review it. The law will be kept in-house until the Town Board felt comfortable with it. Ms. Ritter thanked Ms. Durkee, Conservation Board Chair, for coming to the meeting. Agenda Item No. 8 – Consider referring draft Outdoor Lighting Law to the Planning Board for a recommendation (Attachment #7 – Memo from M. Smith and draft Outdoor Lighting Law) July 24, 2006 Town Board Meeting Approved August 14, 2006 8 Councilman Engman explained that board was being asked to refer the proposed lighting law to the Planning Board for a recommendation. Councilman Engman moved that the law be referred and Councilwoman Gittelman seconded. TB RESOLUTION NO. 2006-160: Refer Outdoor Lighting Law to the Planning Board BE IT RESOLVED, that the Town Board of the Town of Ithaca refers the Outdoor Lighting Law to the Planning Board for a recommendation. MOVED: Councilman Engman SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, aye; Councilman Stein, absent; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda Item No. 9 – Consider referring the draft Solar Collector Law to the Planning Board for a recommendation (Attachment #8 – Memo from J. Kanter and draft amendment to Chapter 270 regarding solar collectors) Councilman Engman commented that the Codes and Ordinances Committee has been working on the law. He explained that there is one unusual thing in the law before the board, which are brackets around numbers. This is because the Committee did not come to a conclusion on some items and Councilman Engman thought that getting information from the Planning Board might help the committee in that decision. Councilman Engman moved that the board refer the solar collector law to the Planning Board for a recommendation. Supervisor Valentino seconded the motion. Mr. Kanter asked if the motion could be amended to send the law to the Zoning Board of Appeals and Conservation Board for less formal comment. The Codes and Ordinances Committee thought it would be helpful to receive comments from those boards as well. Councilman Engman and Supervisor Valentino concurred with the changed. TB RESOLUTION NO. 2006-161: Refer Draft Local Law Regarding Solar Collectors and Installations to the Planning Board, Zoning Board of Appeals, and Conservation Board BE IT RESOLVED, that the Town Board of the Town of Ithaca refers the draft local law regarding solar collectors and installations to the Planning Board, Zoning Board of Appeals, and Conservation Board for recommendations. MOVED: Councilman Engman SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Stein, absent; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. July 24, 2006 Town Board Meeting Approved August 14, 2006 9 Agenda Item No. 10 – Discussion of fee structure for pavilion use This item was deferred until the August board meeting. Agenda Item No. 11 – Consider resolution regarding naming of East Ithaca Nature Preserve TB RESOLUTION NO. 2006-162: Naming Town Park off of Snyder Hill Road as “East Ithaca Nature Preserve” WHEREAS, the Town Board of the Town of Ithaca did in March, 2004, accept tax parcel number 57.-1-11.12 located off of Snyder Hill Road as dedicated park land in accordance with the Town of Ithaca Park, Recreation and Open Space Plan (adopted in December 1997); and Whereas, the Board has determined the name “East Ithaca Nature Preserve” meets the criteria of the Town of Ithaca Policy on Naming Town Parks; and WHEREAS, the Recreation and Human Service Committee recommended the name “East Ithaca Nature Preserve” now therefore BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby names the dedicated parkland as “East Ithaca Nature Preserve.” MOVED: Councilman Burbank SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Stein, absent; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Councilman Cowie commented that he has been approached by several West Hill residents about renaming the Westhaven Nature Preserve to commemorate the death of a young man who died in a recent fire. He asked how a discussion in response to that request would start. Councilman Burbank stated ge would take the request to the Recreation and Human Services Committee. Agenda Item No. 12 – Discussion and introduction of model Stormwater Operations and Maintenance Agreement (Attachment #9 – Draft agreement and right-of-way easement) The Board received copies of the draft agreement in their board packets. Mr. Walker explained that there are a number of stormwater facilities on privately owned properties in the Town. The agreements have been set up on an individual bases and staff thought it would be beneficial to have a model agreement between landowners and the Town. It would allow the Town to have access for emergencies, but make the landowner responsible for the facilities. July 24, 2006 Town Board Meeting Approved August 14, 2006 10 Mr. Walker would like the board to discuss and act on the model agreement at the August Town Board meeting. Councilman Burbank asked if Ms. Brock had seen the agreement. Mr. Walker explained that Ms. Brock, Ms. Ritter and he had been working on the model agreement. Councilman Burbank asked if the document was pretty straightforward. Ms. Ritter explained that the agreement is part of the bigger issue of stormwater management that the Town Board needs to consider. It is one piece of a puzzle that requires a stormwater management law, figuring out how to pay for it, and applicable fee structures. The item will be placed on the August agenda. Agenda Item No. 13 – Consider appointment of alternate to Tompkins County Council of Governments Supervisor Valentino asked for a volunteer to serve as alternate to the Tompkins County Council of Governments. Councilman Engman volunteered to be the alternate. Councilman Burbank nominated Councilman Engman and Councilman Cowie seconded. TB RESOLUTION NO. 2006-163: Appoint Alternate Member to the Tompkins County Council of Governments (TCCOG) WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting to discuss ways the local governments could work together to reduce costs to the residents; and WHEREAS, the Tompkins County Council of Governments is intended to be an association of local governments organized to provide a forum for discussion, study, and negotiation leading to agreements for more efficient, improved, or more cost effective delivery of government services; and WHEREAS, the Town of Ithaca Town Board passed a resolution June 12, 2006 approving Town membership in the Tompkins County Council of Governments and appointed Supervisor Valentino as the voting member; and WHEREAS, an Alternate member can be appointed to the TCCOG; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca appoints Councilman Herb Engman as the alternate member to the TCCOG. MOVED: Councilman Burbank SECONDED: Councilman Cowie VOTE: Supervisor Valentino, aye; Councilman Stein, absent; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. July 24, 2006 Town Board Meeting Approved August 14, 2006 11 Agenda Item No. 14 – Consider appointment to the Conservation Board TB RESOLUTION NO. 2006-164: APPOINTMENT OF CONSERVATION BOARD MEMBER (Attachment #10 – letter and resume from Chris Benedict) BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoints the following individual to the Conservation Board for a term beginning July 24, 2006 and ending December 31, 2007: Chris Benedict 1571 Slaterville Rd Ithaca, NY 14850 MOVED: Councilman Engman SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, aye; Councilman Stein, absent; Councilman Engman, aye; Councilwoman Leary, aye; Councilman Cowie, aye; Councilman Burbank, aye. Agenda Item No. 15 – Consider Resolution of Appreciation for Crossing Guard Sara Jane Hymes TB RESOLUTION NO. 2006-165: Resolution of Appreciation and Recognition of Service for Sara Jane Hymes WHEREAS, Sara Jane Hymes has worked for the Town of Ithaca as a Crossing Guard for Belle Sherman Elementary School, since September 3, 1980, and has provided her expertise and talents to the Town continuously since that date; and WHEREAS, Sara Jane’s ability to be professional and always courteous and helpful to the youth will be missed by the Town and its residents; and WHEREAS, Sara Jane’s twenty five years of devotion, and dedication will be remembered for years by the Town; and WHEREAS, Sara Jane has chosen to retire from her employment with the Town effective June 24, 2006; and WHEREAS, the Town of Ithaca is indebted to Mrs. Hymes for her contributions and service for the benefit of the Town and its citizens; and WHEREAS, the governing Town Board wishes to express its appreciation to Mrs. Hymes, upon acknowledgement of her decision to retire; Now, therefore, be It July 24, 2006 Town Board Meeting Approved August 14, 2006 12 RESOLVED, that the Town Board of the Town of Ithaca, on behalf of the Town, its citizens and employees, acknowledges the retirement of Sara Jane Hymes as a Crossing Guard; and expresses its sincere gratitude to Mrs. Hymes for her dedicated service to the Town and our community. MOVED: Supervisor Valentino SECONDED: Councilwoman Gittelman VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carriedAgenda Item No. 16 – Consider Acceptance of Local Government Records Management Improvement Fund Grant Agenda Item No. 18 – Authorization to modify and amend the 2006 County and Town Joint Youth Programming Budgets (Attachment #11 – Summary of expense and revenue fo Town of Ithaca youth programs and budget amendment worksheet) This item was deferred until the August board meeting. Agenda Item No. 19 – Consider Approval and authorization to amend the 2006 General Part Town Highway Fund Budget for purchase of a Town Highway dump truck Councilman Stein asked how the price came in on the dump truck. Mr. Noteboom thought it was $140,072.97. The Town received $35,900 from the insurance company for the damaged truck being replaced by this purchase. Mr. Carvill explained what funds the money was coming out of. Supervisor Valentino moved the resolution and Councilman Stein seconded. TB RESOLUTION NO. 2006-167: Approval and Authorization to Amend the 2006 General Part Town Highway Fund Budget for Purchase of a Town Highway Dump Truck WHEREAS, at the June 12th Ithaca Town Board meeting the purchase of a highway truck was approved and authorized under Resolution No. 2006-151, and WHEREAS, the need for this purchase is to replace an equipment vehicle which was involved in an accident that resulted in the Town’s insurance carrier declaring the vehicle as a total loss. On July 7, 2006 the Town of Ithaca received $35,900.00 in settlement of the Town’s claim of damages to assist with the purchase of another vehicle, and WHEREAS, in addition to the $35,900.00 the Town also has available resources in the unspent 2006 Highway Fund appropriations DB5130.200 – Large Equipment and DB5130.202 – Small Equipment totaling $22,654.00 and $2,103.38, respectively, and WHEREAS, additional funds of $70,692.50 can be provided from the Town’s Highway Equipment Reserve, and July 24, 2006 Town Board Meeting Approved August 14, 2006 13 WHEREAS, final funds need to be provided and appropriated from the Highway Fund Unreserved Fund Balance of $8,723.09 (A Cost Summary Worksheet is attached to this resolution detailing the transaction), and WHEREAS, the Town Budget Officer & Purchasing Agent and the Town Highway Superintendent recommend to this Board the following 2006 budget amendments and transactions to be record for the purchase of a 2007 Volvo Cab and Chassis, Dump Body and Snow Equipment as authorized under Resolution No. 2006-151, and therefore be it BUDGET JOURNAL RISK RETENTION FUND DEBIT R599 Appropriated Fund Balance 35,900.00 CREDIT R9901.903 Interfund Transfer – Highway 35,900.00 Establish budgeted appropriation for the transfer of money received from insurance carrier. GENERAL PART TOWN HIGHWAY FUND DEBIT DB5031 Interfund Transfer – Risk Retention 35,900.00 CREDIT DB599 Appropriated Fund Balance 35,900.00 Establish budgeted interfund revenue for money from the Risk Retention Fund DEBIT DB599 Appropriated Fund Balance 35,900.00 CREDIT DB5130.200 Equipment – Large 35,900.00 Appropriate funds for the purchase of highway dump truck DEBIT DB5130.202 Equipment – Small 2, 103.38 CREDIT DB5130.200 Equipment – Large 2,103.38 Transfer of unexpended 2006 small equipment funds for additional funds needed for the purchase of a new highway dump truck. DEBIT DB599 Appropriated Fund Balance 8,723.09 CREDIT DB5130.200 Equipment – Large 8,723.09 Appropriate additional funds from Unreserved Highway Fund Balance for the purchase of a truck. July 24, 2006 Town Board Meeting Approved August 14, 2006 14 DEBIT DB599 Appropriated Fund Balance 70,692.50 CREDIT DB5130.200 Equipment – Large 70,692.50 Appropriate additional funds from the Highway Equipment Reserved Fund Balance for the purchase of a truck. CASH DISBURSEMENT JOURNAL RISK RETENTION FUND DEBIT R9901.903 Interfund Transfer – Highway 35,900.00 CREDIT R202 Cash In Savings 35,900.00 Disbursement of money from the Risk Retention Fund to the Highway Fund as budgeted. CASH DISBURSEMENT JOURNAL HIGHWAY FUND DEBIT DB202 Cash In Savings 70,692.50 CREDIT DB230 Cash – Equipment Reserve 70,692.50 Disbursement of money from the highway equipment cash reserve to the highway operating cash to meet the purchase of the highway dump truck. RESOLVED: That this governing Town Board approves both the purchase of this Town of Ithaca vehicle and the budget amendment for acquisition funding. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried. Agenda Item No. 20 – Consent Agenda TB RESOLUTION NO. 2006-168: Consent Agenda Items BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for Consent Agenda Items as presented. MOVED: Supervisor Valentino July 24, 2006 Town Board Meeting Approved August 14, 2006 15 SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried. TB RESOLUTION NO. 2006-168a: Promotional Appointment of Motor Equipment Operator WHEREAS, there is presently one vacancy in the full time position of Motor Equipment Operator in the Public Works Department due to the promotional appointment of John Shepardson; and WHEREAS, the Human Resources Manager and Highway Superintendent have determined through interviews and evaluation that Toby Brown, Laborer, possesses the necessary knowledge, skills and ability to satisfactorily perform the duties of the Motor Equipment Operator; and WHEREAS, the Human Resources Manager and Highway Superintendent recommend the promotional appointment of Toby Brown to the Motor Equipment Operator position; Now, Therefore, Be It RESOLVED, the Town Board of the Town of Ithaca does hereby approve the regular promotional appointment of Toby Brown as a full time Motor Equipment Operator for the Public Works Department, effective July 10, 2006; and be it further RESOLVED, this is a 40 hour a week position, at the hourly wage of $18.86, which is an estimated annual salary of $39,227, in Job Classification “K”, with full time benefits; and be it further RESOLVED, if the said employee successfully completes the mandatory eight (8) week probationary period, ending September 5, 2006, there will be no further action required by the Town Board. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried. July 24, 2006 Town Board Meeting Approved August 14, 2006 16 TB RESOLUTION NO. 2006-168b: Promotional Appointment of Heavy Equipment Operator WHEREAS, there is presently one vacancy in the full time position of Heavy Equipment Operator in the Public Works Department due to the resignation of Timothy Eighmey; and WHEREAS, the Human Resources Manager and Highway Superintendent have determined through interviews and evaluation that John Shepardson, Motor Equipment Operator, possesses the necessary knowledge, skills and ability to satisfactorily perform the duties of the Heavy Equipment Operator; and WHEREAS, the Human Resources Manager and Highway Superintendent recommend the promotional appointment of John Shepardson to the Heavy Equipment Operator position; Now, Therefore, Be It RESOLVED, the Town Board of the Town of Ithaca does hereby approve the regular promotional appointment of John Shepardson as a full time Heavy Equipment Operator for the Public Works Department, effective July 10, 2006; and be it further RESOLVED, this is a 40 hour a week position, at the hourly wage of $20.73, which is an estimated annual salary of $43,126, in Job Classification “L”, with full time benefits; and be it further RESOLVED, if the said employee successfully completes the mandatory eight (8) week probationary period, ending September 5, 2006, there will be no further action required by the Town Board. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried. TB RESOLUTION NO. 2006-168c: Approval Temporary Salary Adjustment – Court Clerk WHEREAS, Betty Poole, Court Clerk has been out on medical leave since July 5, 2006; and WHEREAS, Linda Fetherbay, Court Clerk, is running the office with only part time help from Debby Kelley, Bookkeeper to the Supervisor, until Ms. Poole can return; and July 24, 2006 Town Board Meeting Approved August 14, 2006 17 WHEREAS, the Human Resources Manager and Justice Klein and Salk recommend increasing Ms. Fetherbay’s salary $50 per week retroactive to July 5, 2006 and temporarily until Ms. Poole can return to full duty; Now, therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the temporary salary adjustment of $50 per week for Linda Fetherbay, Court Clerk, retroactive to July 5, 2006 and continuing until Ms. Poole is released to full duty. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, aye; Councilman Engman, aye; Councilman Stein, aye; Councilman Cowie, aye; Councilwoman Leary, aye. Motion carried. Agenda Item No. 21 – Report of Town Officials (Attachment #12 –Report of Town Officials) Budget Officer Mr. Carvill reported that he has been spending time trying to come up with some kind an approach to illustrate, demonstrate, explain and education inter-fund revenue and expenses. The board will see in the budget revenue raised in one fund, but the revenue is transferred to another fund to meet specific needs of that fund. He gave as an example that the general townwide fund, through the tax levy, raises money to pay for bond principle, interest and debt on the Public Works Facility. The Town has a debt service fund, which accounts for all outstanding bond issues. The revenue to pay down those bonds is the inter-fund revenue raised in the A Fund, Water Fund and Sewer Fund and the money is transferred to the debt service fund. The bond principle and interest is paid from that fund. Mr. Carvill has prepared a document for the Town Board containing the comparison of the inter-fund revenue expenses between 2006 and 2007. It also contained an explanation regarding what the monies are used for and why. He hopes that it will address Councilman Stein’s question. Mr. Carvill asked for anyone to come to him with any questions they have. Mr. Carvill stated that he was trying to answer Councilman Stein’s second question of taking the A Fund, the B Fund and DB Fund, putting them together and being able to tell what the total legal expenses, fringe benefits and total payroll are. Mr. Carvill is able to do that, but interpretively to make that make sense once the information has been given, he wondered if it was practical and how he could come up with that. He is hopeful that he is able to come up with something that makes sense and shows the interfund transfers. Councilman Stein wondered why interfund transfers could not appear as an entry in the funds. Mr. Carvill explained that the interfund revenue portion, monies coming into a fund from another fund, has an account code of 5031. The State Comptroller has determined it is the only number that needs to be used. Mr. Carvill has devised the budget to reflect and the July 24, 2006 Town Board Meeting Approved August 14, 2006 18 account coding system to be 5031F, 5031G, 5031H and it represents which fund the revenue is coming from into the general fund. The appropriations have been detailed out and there are two types of fund transfers, code 9901 and 9950. The code 9950 means it is an interfund transfer coming from a capital project. The code 9901 means it is an interfund transfer for operating purposes only. Councilman Stein and Councilman Engman are trying to look at the budget and understand what changes have taken place from last year to this year. They came across numbers that were zeros; numbers that were there last year, but not this year and understood that they were transfers. It was not immediately obvious to them whether the transferred amount appeared with an increase number in the new budget, a decreased number, or the same number. The ability to determine if more or less money was being on that particular function was not there. Mr. Carvill responded that that information would be found in the worksheets provided to the board at the meeting. Human Resources Manager Ms. Drake wanted to make a correction to her report. She had reported that the new Deputy Town Clerk started July 17, 2006. That individual, however, resigned July 19, 2006. Ms. Drake and Ms. Hunter will begin interviewing again for the position. The person left to take a full time job with Cornell University Counsel’s office as a paralegal. Councilman Cowie wondered if that was the sole issue. Ms. Hunter explained that the person decided that they really needed a full time job. Attorney for the Town Mr. Krogh commented that the board should buy the highway truck this year because the 2007 emission controls are going to increase the price of the vehicle by at least $7,000. He also brought the board’s attention to a new case involving stormwater that questions whether or not deed restrictions and other solutions need to be used. He will give the information to Ms. Brock. Report of Town Committees and Intermunicipal Organizations Supervisor Valentino commented that the Ethics Board has met to review the ethics disclosures. Ms. Hunter had previously provided copies of the Ethics Board meeting minutes to the Town Board. The Ethics Board will be meeting again in August to review some ethics disclosures that were not properly filled out and to discuss recommended additions to the ethics disclosure statement. I.O. Councilman Burbank reported that the organization is deciding whether or not they have a continued reason to be and whether or not they need to hire a new staff person. Their staff person has resigned to take a planning position with the Town of Lansing. He asked the board to provide their thoughts to him on whether or not the IO should continue as an organization. Ms. Hunter hoped that the watershed management plan created by the I.O. under David Zorn would not be lost. July 24, 2006 Town Board Meeting Approved August 14, 2006 19 City Town Trail Committee This committee will be making a site visit to Emerson on August 3, 2006 at 9:30 a.m. The Town, City and Emerson will be meeting to walk the site because it is a critical part of the Gateway Trail. Agenda Item No. 24 – Review of Correspondence Mr. Kanter explained that the letter to Six Mile Creek Vineyard in the correspondence folder was a response to a letter the Town received from the State Department of Agriculture and Markets. The owners of the vineyard are asking the State to look at whether the Town’s restrictions with regard to number of allowed annual events and site plan approval were overly restrictive in terms of a farm operation in a County Agricultural District. Ms. Brock prepared the response on behalf of Supervisor Valentino and sent it to the State. Board Comments Councilman Burbank stated his opinion on the lengthy discussion that occurred earlier in the evening with regard to the 2007 wage scale and Councilman Stein’s presentation. Supervisor Valentino commented that it was a difficult meeting, but one of the things that Town Boards do. She thought that the board needed to pay attention to the dynamics that were occurring at board meetings because if they did not, things were only going to get worse and not get better. Councilman Stein added that the Board Personnel Committee and the Staff Personnel Committee needed to establish a regular schedule for communication. He thought it was important to have agendas for what is talked about. He felt strongly that the meetings should be about specific issues. The board further discussed the two committees and whether or not they could be established as one committee under State law. They also discussed the status of other board committees and decided that the committees needed to start meeting on a regular basis. Mr. Carvill brought the board’s attention to the Independent Auditors Financial Statement for 2005 that was provided to them at the meeting. He asked that anyone return their copy if they did not want it and to contact him with any questions. Adjournment Councilman Cowie moved to adjourn the meeting and Supervisor Valentino seconded. The meeting was adjourned at 9:20 p.m. Respectfully submitted by, Tee-Ann Hunter Town Clerk Next regular meeting – August 14, 2006 at 5:30 p.m.