HomeMy WebLinkAboutTB Minutes 2010-03-22 Study Session of the Ithaca Town Board
Monday, March 22 , 2010 at 4 : 30 p. m .
4� 215 North Tioga Street, Ithaca, NY 14850
Agenda
1 . Call to Order
2 . Consider Setting a Public Hearing for three Noise Permits :
a . IC -- Residence Hall Assoc Earth Day Event April 22nd 3-5 pm
b . IC — Ithaca College Kicks Back Event May 7th 12 -6 pm
c . IC — Hillel Student Org . — Israeli Independence Day April 19th , 3-8 pm
3 . Report of Town Supervisor and Town Officials
4 . Report of Town Committees
Budget
Personnel
Planning
Public Works
Operations
Codes and Ordinances
Comprehensive Plan
Trails & Parks
Others
5 . Intermunicipal Organizations
6 , Consider Acceptance of Sustainability Grant
7 , Consider Acceptance of Community Beautification Grant
8 , Consent Agenda
a . Town of Ithaca Abstract
b . Minutes of March 8 , 2010
c . Approval of Spring & Brush Pick- Up Dates
9 , Consider Temporary Appointment of an Electrical and Code Position
10 . Review of Correspondence
11 . Consider Adjournment
March 17 , 2010
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , Paulette Terwilliger, being duly sworn , Town Clerk of the Town of Ithaca , Tompkins County,
New York say that the following notice has been duly posted on the sign board of the Town
Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper,
Ithaca Journal:
ADVERTISEMENT : PUBLIC NOTICE
TOWN BOARD of the TOWN OF ITHACA
MONDAY , APRIL 12 , 2010
5 : 30 P . M .
Date of Publication : Wednesday, March 31 , 2010
Location of Sign Board Used for Posting : Town Hall Lobby
Public Notices Board
215 North Tioga Street
Ithaca , NY 14850
Date of Posting : Friday, March 2 , 2010
Paulette Terwilliger
Town Clerk
Town of Ithaca
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS :
TOWN OF ITHACA)
Sworn to and subscribed before me this 5th day of March , 2010
ti
Nota Pubic
DEBRA DEAUGISTINE
NOTARY PUBLIC -STATE OF NEW YORK
NO. OIDE6148035
Qualified In Tompkins County
My Gommleiion Expire June 19, 2010
i
TOWN IOF ITHACA t�,�f
PUBLIC NOTICE
The Town Cled< hasty
ceived for h Ing the Annual `
Financial Report,) ofthe �.,
Town of .Ithaca;: for the
year ending'�DeCemb2Try31 ,
2i)O9; it iS %vavai6 111 for
ubl 'nspecGon
The following 'public
hearings will be held at the
Town Board meeting on
Apol }2, 2010:
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6 00 p m.,Public Hearing
{ r 'Locale Law amendingr
Chapter 250 of theTo
aof Ithaea,Code Title'dT �e-.-.'
hiclw'"�e10fs nd' Traffic, to IM-
ii les from, stop=,
ping wdFiin 125 feet'of ei-
ther side` of. the Winttir
Drive crosswalk located•
east of BrandywineM,Drive 1
6805 p. PublicFi�edaring
regarding-three Noise,Per
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College on Apnl , 19{ Apnl
22 and May 7. 201 W
41,19 pmi:: ; Publi 2 Hean" ng�
]F Local Law removing�eeter�-
ences t0 'the rnow-defunct
-- New -odk Board: of Fire
Underwriters zJ mvGh'apto
125 (Building dCOnstrue-
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221 : (Signs)' 2251 (S1)
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(Zoning>f'6f the Town of
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Paulette Tervnlligeri }
" Town Clerk: "
Date: Mare 29, .4
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OF ' Study Session of the Ithaca Town Board
F Monday, March 22 , 2010 at 4 : 30 p . m .
4� 215 North Tioga Street, Ithaca, NY 14850
Minutes
Supervisor Engman called the meeting to order at 4 : 40 p . m .
AGENDA ITEM Consider Setting a Public Hearing for Three Noise Permits :
a. IC -- Residence Hall Assoc Earth Day Event April 22"d 3-5 pm
b . IC — Ithaca College Kicks Back Event May 7th 12-6 pm
c. IC — Hillel Student Org . — Israeli Independence Day April 19th , 3-8 pm
Discussion — Councilman DePaolo was concerned about the lack of detail on the Hillel
Student Organization application because it did not state how the neighbors would be
notified of the event . He asked Mrs . Terwilliger to communicate his concerns to the
applicant .
TB RESOLUTION NO . 2010-061 : SET A PUBLIC HEARING REGARDING THREE
NOISE PERMITS FOR EVENTS AT ITHACA COLLEGE
Motion made by Councilwoman Hunter, seconded by Councilwoman Riha .
RESOLVED , that the Town Board of the Town of Ithaca hold a public hearing at the
Town Hall , 215 North Tioga Street , Ithaca , New York , on the 12th day of April , 2010 , at
6 : 05 p . m , for the purpose of considering Noise Permits for the following events :
1 . IC College Hillel Israeli Independence Day Event on April 19 , 2010 from 3 : 00
p . m . through 8 : 00 p . m .
25 IC Residence Hall Earth Day Event on April 22 , 2010 from 3 : 00 p . m . through
5 : 00 p . m .
38 IC Kicks Back on May 7 , 2010 from 12 : 00 noon through 6 : 00 p . m .
FURTHER RESOLVED , that at such time and place all persons interested in the
proposed permits may be heard concerning the same ; and
FURTHER RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized
and directed to publish a notice of such public hearing in the official newspaper of the
Town of Ithaca and to post a copy of same on the signboard of the Town of Ithaca .
A vote on the motion was as follows :
Ayes : Engman , Goodman , Hunter, Leary, Levine , DePaolo and Riha
Nays : None
Motion passed unanimously.
AGENDA ITEM Report of Town Supervisor and Town Officials (Attachment #1 )
G
TB Final 3-22-2010
Page 2 of 8
Supervisor Engman reviewed his report . Discussion followed .
Ulysses Water Situation -- The Board asked for a better breakdown of the costs and
numbers involved .
Commitment Letter with John Rancich -- Discussion regarding the wind energy
commitment focused on where we get our energy from now and who might be able to
investigate the pros and cons for the Town . The Board did not want to sign anything
binding with Mr. Rancich but in general they support wind energy.
Town Officials
Jonathan Kanter reported on the Emerson property , there are still no specific plans out
there , but there has been a lot of discussion at the City. The zoning will probably need
to be looked at and the Town and City will need to work together.
Paulette Terwilliger reported that the Spring Newsletter is on schedule to be mailed out
to residents on March 31St. She also reported that the Town sponsored annual rabies
clinic has been scheduled for May 12t" at the Public Works Facility. Frank Chase from
the county has asked her to advertise the event . Ms . DeAugustine has produced a flyer
and will email it to Board members . She asked Board members to distribute the flyers
wherever they thought appropriate .
AGENDA ITEM Report of Town Committees
Budget — Supervisor Engman reported on the status and timing of capital projects and
the different funding avenues that are being explored .
Personnel — Councilwoman Hunter reported that both ERC and Personnel are
reviewing the differences between Town and Union benefits . Another issue discussed
was setting up a series of lunch meetings with staff and board members . This idea is to
help Board Members interact with staff more and to understand better what they do .
The idea is not to meet with Department Heads , but hourly staff and also to mix it up a
bit so that Town Hall staff and Public Works staff also mingle more .
Planning — Councilwoman Riha reported that the Committee had reviewed the Agora
plans for the Vine Street development . Jon Kanter added that he has spoken with Mary
Russell and they are looking at folding affordability into the draft PDZ .
The Committee also started talking about the West Hill Conifer/Cornell proposal . There
is so much going on in the Town and waiting for the Comprehensive Plan to be
completed is starting to cause a lot of pressure . Discussion followed regarding how a
generic SEQR review could allow parameters that the Town wants could be put into the
PDZ .
TB Final 3-22-2010
Page 3 of 8
Public Works — Councilman DePaolo reported that the Committee has discussed the
Town Hall roof including the possibility of solar energy, facilities maintenance , ditch
maintenance , stormwater issues , and swallowwart maintenance . They have also
starting reviewing a sketch plan of the PW Masterplan . A loader at Public Works is
inoperable and can not be fixed and the truck that was in this year's budget was
involved in an accident while it was being delivered and it may be replaced with a 2011
at no cost to the Town .
Operations — Supervisor Engman reported that the meeting was cancelled but that he
continues to work with Marnie on the Community Garden and noted the changes in the
Clerk's office are progressing and it looks welcoming . The Committee is going to have
to start to look into the effects of the light and noise laws as they pertain to gas drilling .
Codes and Ordinances — Councilman Goodman reported that the Committee is almost
done with the stream setback law and will begin looking at the sign law revisions and
affordable housing . They have also discussed amending the Code to remove reference
to the New York Board of Fire Underwriters ( NYSBFU ) . Also on the horizon are the
Conservation Zone changes and looking at clustering and whether they want to require
the Planning Board to require applicants to formally consider clustering or just
recommend that they do .
Comprehensive Plan — Tuesday May 11 t" public meeting
Trails & Parks — Councilman Goodman reported that they are starting to review the
approach to trails and one consideration is having a community meeting to start the
discussion and start getting some support . There was some discussion regarding the
potential Bluegrass Lane trail off Hanshaw Road and the wall that was built on the
NYSEG easement on the old railroad bed that might become an extension of the South
Hill Trail . .
Others — Supervisor Engman noted that the Clerk's office is trying a new process where
the Board will be notified via email when the vouchers are ready for review and they will
be available in the Clerk's office . Hopefully this will help Board Members review them
prior to the meeting . He also stated that we are still recruiting for Boards and
Committees and asked Members to start using their networks to get some applicants .
Intermunicipal Organizations
Health Benefit Consortium - Judy Drake reported that they are no further along than
last month . The Consortium has given the unions a deadline of March 31St to make
their recommendations .
Recreation Partnership is scheduled to educate the Board on what they do at the April
regular TB meeting .
TB Final 3-22-2010
Page 4 of 8
Sewage Treatment Plant Upgrades Supervisor Engman reported that Johnson
Controls say that 85% will be saved on construction costs if you use energy savers . He
added that we have not heard about the NYSERDA grant but hope to soon .
Dredging Cayuga Lake — Supervisor Engman reported that the City is looking at
putting the spoils at the South West Park
Additional AGENDA ITEM Consider setting a public hearing for changes to the
Town of Ithaca Code regarding the deletion of references to the New York State
Board of Fire Underwriters .
TB RESOLUTION NO, 2010-062 : SET A PUBLIC HEARING REGARDING CHANGES
TO THE TOWN OF ITHACA CODE TO REMOVE REFERENCES TO THE NEW
YORK BOARD OF FIRE UNDERWRITERS
Motion made by Councilman Goodman , seconded by Councilman Levine .
RESOLVED , that the Town Board of the Town of Ithaca hold a public hearing at the
Town Hall , 215 North Tioga Street , Ithaca , New York, on the 12th day of April , 2010 , at
6 : 10 p . m , for the purpose of considering amending the Code of the Town of Ithaca to
remove references to the defunct New York Board of Fire Underwriters ,
FURTHER RESOLVED , that at such time and place all persons interested in the
proposed permits may be heard concerning the same ; and
FURTHER RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized
and directed to publish a notice of such public hearing in the official newspaper of the
Town of Ithaca and to post a copy of same on the signboard of the Town of Ithaca .
A vote on the motion was as follows :
Ayes : Engman , Goodman , Hunter, Leary, Levine , DePaolo and Riha
Nays : None
Motion passed unanimously.
AGENDA ITEM Consider Acceptance of Sustainability Grant
Supervisor Engman gave an overview of the joint application with the Town of Dryden
stating that we asked for 3 years and full payment and the foundation offered 2 years
with a matching amount for each municipality of $7 , 500 for the first year and $ 15 , 000 for
the second . Discussion followed focusing on what we could get done in two years , what
exactly we would want to get done and whether we would need to change the grant and
let the Park Foundation know. Because there is now a cost to the Town , the Board
asked for more information and did not vote on the acceptance of the grant .
AGENDA ITEM Consider Acceptance of Community Beautification Grant
TB Final 3-22-2010
Page 5 of 8
TB RESOLUTION NO . 2010 - 063 : AUTHORIZATION TO EXECUTE AGREEMENT
WITH CORNELL COOPERATIVE EXTENSION OF TOMPKINS COUNTY FOR
ACCEPTANCE OF BEAUTIFICATION GRANT
Motion made by Councilman Goodman , seconded by Councilwoman Riha .
WHEREAS the Town of Ithaca has applied for and been awarded a Tompkins County
Beautification Grant for $2 , 500 for additional plantings at Town Hall pursuant to a plan
designed by Parks Maintenance Supervisor Rich Schoch and ;
WHEREAS the Town of Ithaca entered into a similar agreement for the landscaping
redesign on the Tioga Street approach to the building in 2006 that was determined
mutually beneficial and ;
WHEREAS officials and staff of the Town have received ongoing positive feedback on
the landscape design changes ; therefore be it
RESOLVED the Town Supervisor is authorized to sign the contract and enter into
agreement with Cornell Cooperative Extension of Tompkins County for acceptance of
Beautification Grant for the agreed upon project .
A vote on the motion was as follows :
Yeas : Councilman Goodman , Councilwoman Hunter, Councilwoman Riha ,
Supervisor Engman , and Councilwoman Leary
Nays : None
Motion passed unanimously .
AGENDA ITEM Consent Agenda
TB RESOLUTION NO , 2010-064 : CONSENT AGENDA Items
Motion made by Councilwoman Hunter, seconded by Councilwoman Riha .
BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves
and/or adopts the resolutions for Consent Agenda Items :
a . Town of Ithaca Abstract
b . Minutes of March 8 , 2010
c . Approval of Spring Brush Pick- up Dates
d . Acknowledge Receipt of Town Justices' Annual Reports
A vote on the motion was as follows :
Ayes : Engman , Goodman , Hunter, Leary and Riha
Nays : None
Absent : Levine and DePaolo
Motion passed unanimously .
TB Final 3-22-2010
Page 6 of 8
TB RESOLUTION NO . 2010-064A : TOWN OF ITHACA ABSTRACT
Motion made by Councilwoman Hunter, seconded by Councilwoman Riha .
WHEREAS , the following numbered vouchers have been presented to the Ithaca
Town Board for approval of payment ; and
WHEREAS , the said vouchers have been audited for payment by the said Town
Board ; now therefore be it
RESOLVED , that the governing Town Board hereby authorizes the payment of
the said vouchers in total for the amounts indicated .
VOUCHER NOS . 8113 = 8188
General Fund Town wide 80 ,523 . 37
General Fund Part Town 51042 .76
Highway Fund Part Town 32 ,432 .60
Water Fund 299, 851 . 49
Sewer Fund 3, 487. 47
Risk Protection Fund 39 .50
Fire Protection Fund 258 , 333 . 00
Forest Home Lighting District 174 . 46
Glenside Lighting District 66 .44
Renwick Heights Lighting District 92 .43
Eastwood Commons Lighting District 186 . 73
Clover Lane Lighting District 22 .53
Winner's Circle Lighting District 64 .21
Burlei h Drive Lighting District 76 .64
Westhaven Road Lighting District 250 . 57
Coddin ton Road Lighting District 148 .28
Trust and Agency 0
TOTAL `680, 792 . 48
Unanimous
TB RESOLUTION NO . 2010- 064b no Town Board Minutes
Motion made by Councilwoman Hunter, seconded by Councilwoman Riha .
WHEREAS , the Town Clerk has presented the minutes for the Town Board meeting
held on March 3 , 2010 to the Town Board for review and approval ; now therefore be it
RESOLVED , the Town Board does hereby approve for filing the minutes of the
meetings held on March 3 , 2010 .
TB Final 3-22-2010
Page 7 of 8
Unanimous
TB RESOLUTION NO , 2010=064C : SPRING BRUSH AND LEAF COLLECTION
Motion made by Councilwoman Hunter, seconded by Councilwoman Riha .
WHEREAS , the Public Works Department provides yard refuse disposal services for the
Town of Ithaca residents ; and
WHEREAS , twice annually the Public Works Department collects brush and leaves from
roadsides ;
NOW THEREFORE BE IT
RESOLVED , that the spring brush and leaf collection by the Highway Department will
commence on Monday, April 19 , 2010 , until finished .
Unanimous
TB RESOLUTION NO . 2010=064D : ACCEPTANCE OF TOWN JUSTICES ' 2009
ANNUAL REPORTS
Motion made by Councilwoman Hunter, seconded by Councilwoman Riha ,
BE IT RESOLVED , that the Town Board of the Town of Ithaca accepts the Town
Justices' annual reports as presented .
Unanimous
AGENDA ITEM Consider Temporary Appointment of an Electrical and Code
Position
TB RESOLUTION NO . 2010-065 : APPROVAL OF TEMPORARY APPOINTMENT OF
ELECTRICAL / CODE ENFORCEMENT OFFICER
Motion made by Councilwoman Riha , seconded by Councilwoman Leary
WHEREAS , there is a vacant position of Electrical/Code Enforcement Officer that
has been advertised and applications are being accepted ; and
WHEREAS , the independent contract with Charles Bruner, Electrical Inspector,
ends on March 31 , 2010 ; and
WHEREAS , the recruitment and placement of the position will not be completed
by March 31 , 2010 , and
TB Final 3-22-2010
Page 8 of 8
WHEREAS , Charles Bruner is one of the candidates for the position and is willing
to take a temporary appointment , not to exceed 90 days , while the recruitment and
placement process is completed ; and
WHEREAS , the Director of Code Enforcement and Human Resources Manager
recommend the temporary appointment of Charles Bruner effective April 5 , 2010 with a
maximum of 20 hours per week with no benefits ;
Now, therefore ; be it
RESOLVED , the Town Board of the Town of Ithaca does hereby approve the
temporary appointment of Charles Bruner as an Electrical/ Code Enforcement Officer,
effective April 5 , 2010 at the hourly rate of $21 . 00 , for a maximum of 20 hours per week,
with no benefits ; and be it further
RESOLVED , the temporary appointment will be until an official appointment of
the chosen candidate for the position is made or a maximum of 90 days , which ever
comes first .
A vote on the Motion was as follows :
Ayes : Engman , Leary, Riha , Goodman and Hunter
Nays : None
Absent : DePaolo and Levine
The motion passed unanimously .
AGENDA ITEM Review of Correspondence
AGENDA ITEM Consider Adjournment
Meeting was adjourned upon motion at 7 : 00 p . m .
Respe tf Ily bmitted ,
P ulette Terwilliger, Town Clerk
TB 3 - 22 - 2010 tip: t achnien � # 1
Supervisor ' s Report
Town Board Study Session March 22 , 2010
1 . Continued work on Ulysses Water situation .
2 . Started investigation of Town of Dryden sewer capacity usage
3 . Continued negotiations on NE development
4 . With Abigail Smith am coordinating a TCCOG response to proposed
changes in NYS law : the elimination of the state ' s involvement in
animal control
5 . Took part in the conservation easement signing with Ithaca College
and the Finger Lakes Land Trust
6 . Attended the "Brainteaser" training on working within a unionized
workplace
7 . Continued work on road laws as part of a TCCOG consortium of 7
towns . Am coordinating a response to concern over costs of the
development of the road laws .
8 . Held meeting to coordinate a plan to deal with the ownership of the
Inlet Valley Cemetery
9 . Held meeting to consider wind energy commitment; followed up with
Susan B . and Al .
10 . Chaired my first meeting of the Ithaca-Tompkins County
Transportation Council .
11 . Conducted two probationary reviews .
12 . Talked with callers , walk- ins and media interviewers .
February 2010 March 2010
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7 :OOpm B:OOpm Common Council (City Hall)
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6: 30pm 8:30pm Comprehensive Plan 2 (Aurora)
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9: OOam 10 :00am Youth Hiring (Herb's Office)
12 :OOpm 2:30pm SIC (Sewer Plant)
4:OOpm 4:30pm Patricia Haynes (Herb's Office)
Sundayj Marches
Herb Engman 1 3/22/2010 7:45 AM
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12:30pm 2:30pm Roads (Ichabod's)
5:30pm 7: 30pm Hanshaw Road Public Hearing (TC Legislature)
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9: 30am 11 :30am SAC (Tioga)
2:30pm 3:30pm Joe Maranae&Abigail Smith (Joe's Office)
Sunday, March 2
Herb Engman 1 3/22/2010 7:44 AM
TOWN OF ITHACA COURT
DAVID L. KLEIN, TOWN JUSTICE
215 N. TIOGA STREET
ITHACA, NY 14850
January 27 , 2010
RE: YEARLY REPORT
TOWN OF ITHACA COURT
,DAVID L. KLEIN , TOWN JUSTICE
Activity for Justice Klein' s part of the Town of Ithaca Court for 2009 is as follows:
Number of cases closed : 2062
Number of Cases opened : 1983
Arraignments for other Courts 6
Charges Transferred to T. C. County 15
Pending Cases - (Includes Scofflaws) 2930
FINES AND FEES
Criminal , Motor Vehicle $ 110,070 .00
NYS Surcharges $ 98,510.00
Civil Charges $ 21720.00
Bail Poundage $ 40.50
TOTAL REMITTED TO TOWN OF ITHACA $211 ,340.50
Bail Received $ 4400.00
Bail Forfeited $ -0-
ADDITIONAL ACTIVITIES
Arrest warrants ' and Bench warrants issued; search warrants issued; orders
of protections issued; conditional discharges; probation inquiries and
documentation; jail terms; bench trials; jury trials; motion hearings; felony
preliminary hearings held; small claims trials; summary proceedings and
warrants of evictions; arraignments for other courts; certificates of
dispositions; case researching, processing of scofflaws; decisions written;
legal research, pre trial hearings, annual budget processes, implementing
on-line access to various web sites, prepare written decisions on individual
cases.
Re ectfully ubmi ,
David L. Klein
Town Justice
TOWN OF ITHACA COURT
JAMES A. SALK, TOWN JUSTICE
215 N. TIOGA STREET
ITHACA, NY 14850
January 26 , 2010
RE: 2009 ANNUAL REPORT
TOWN OF ITHACA COURT
JAMES A. SALK, TOWN JUSTICE
Activity for Justice Salk' s part of the Town of Ithaca Court for 2009 is as follows :
Number of cases closed: 870
Number of Cases opened : 1295
Arraignments for other Courts 15
Charges Transferred to T .C . County 22
Pending Cases — (Includes Scofflaws) 2640
Judge WallenbeckIs Scofflaws 230
FINES AND FEES
Criminal, Motor Vehicle $ 42,975 .00
NYS Surcharges 467785 .00
Civil Charges 41125 .00
Bail Poundage 225 .00
TOTAL REMITTED TO TOWN OF ITHACA $ 94,110.00
Bail Received $ 32 , 500.00
Bail Forfeited $ -0-
ADDITIONAL ACTIVITIES
Arrest warrants and Bench warrants issued ; search warrants issued ; orders
of protections issued ; conditional discharges ; probation inquiries and
documentation; jail terms ; bench trials ; jury trials ; motion hearings ; felony
preliminary hearings held; small claims trials ; summary proceedings and
warrants of evictions ; arraignments for other courts ; certificates of
dispositions ; case researching; processing of scofflaws ; decisions written;
legal research, pre trial hearings , annual budget processes , implementing
on-line access to various web sites , dictation d transcription of hearings
and preparing written decisions on all .
sp 11 , mitted,
Jams k . wn Justice