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HomeMy WebLinkAboutTB Minutes 2010-08-23 Study Session of the Ithaca Town Board F Monday, August 23, 2010 at 4: 30 p. m . 215 North Tioga Street, Ithaca, NY 14850 U Agenda 1 . Call to Order 2 . 4 : 45 p. m . Public Hearing re . : Noise Permit for Ithaca College Senior BBQ 3 , Review Draft Agenda for Regular Meeting 4, Town Official 's Reports 5 . Report from Committees a . Budget Committee b . Codes and Ordinances Committee c . Comprehensive Plan Committee d . Operations Committee e . Parks & Trails Committee f . Planning Committee g . Personnel Committee h . Public Works Committee L RMAB 6 , Consider Ulysses Water Truck Sales Agreement 7 . Discussion of Asset Management 8 . Discussion of Mitigation Fees 9 . Discussion of Elected Official 's Salaries * Moved to #7 10 . Presentation from Ithaca Youth Council 11 , Set Public Hearing Re . : Proposed Regulations for Road Closures *Added 12 . Consider Consent Agenda Items a. Approval of Town Board Minutes of July 26th and August 91h b . Town of Ithaca Abstract c. Acknowledge Receipt of Justice Court Report * Added 13 . Review of Correspondence 14 , Consider Adjournment TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Paulette Terwilliger, being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County, New York 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: O ADVERTISEMENT O NOTICE OF PUBLIC HEARINGS Location of Sign Board Used for Posting : Town Clerk's Office 215 North Tioga Street Ithaca , NY 14850 Date of Posting : 8/18/2010 (e -- - — t> TOWN OF ITHgCq Date U 11 2010 e Notice is he eb, give tha y� a public eanng i I be he d ' Ik at the Town Boa d mee ing Q ' 1.,* 'f on August 23 2010 a 435 ?i s p m: regarding a noise per ; mrtappication for a func fi ;� Paulette Terwilliger Lion Ithaca College u Town Clerk September 3, 2010 InforT Ia mahon; re ding same is 1 avail able °at 'Tow Hall 215 N Ti gaSt It aca - n x f4 *" w Pauleft6,Tf4Williger . s STATE OF NEW YORK) Y TownOleik t ) M!81A261 COUNTY OF TOMPKINS) SS . TOWN OF ITHACA) Swo=oand s bscribed before me this 1944('day of 2010 . N ota P ublic Mrs DeAug1dine Notary Public - State of New Yok No. 01DE6148035 OuatiflN M Tompkins CountV Wor ,wne 196 20 I Study Session of the Ithaca Town Board ,, Monday, August 23, 2010 at 4: 30 p. m . Y 215 North Tioga Street, Ithaca, NY 14850 Minutes = Final Board Members Present: Herb Engman , Bill Goodman , Pat Leary, Tee-Ann Hunter, Rich DePaolo and Susan Riha Meeting was called to order at 4 : 33 p . m . with agenda items added . Mr. Engman also announced that Rod Howe has submitted his resignation from the Planning Board after 12 years of service . AGENDA ITEM 4 : 45 p. m . Public Hearing re : Noise Permit for Ithaca College Senior BBQ The hearing was opened at 4 :47p . m . , and with no one wishing to address the Board , it was closed at 4 : 48 p . m . TB Resolution No. 2010=153 : Approval of a Noise Permit for IC Senior BBQ WHEREAS a noise permit application was submitted by Ithaca College for a "Senior BBQ" to be held on September 3 , 2010 from 5 : 00 p . m . thru 8 : 00 p . m . with a DJ and associated amplification located in the Center Quad . WHEREAS , a public hearing was duly held at the August 23 , 2010 study session of the Town Board Therefore be it RESOLVED , that the Town Board approves a Noise Permit for the function on said date at said time . Moved : Susan Riha Seconded : Rich DePaolo Vote Ayes : Engman , Goodman , Hunter, Leary, DePaolo and Riha Absent: Levine AGENDA ITEM Review Draft Agenda for Regular Meeting The agenda for the September 13th Regular meeting was reviewed with no changes from the Board . AGENDA ITEM Town Official 's Reports Budget and Finance r. Carvill distributed the Water, Sewer and/or Drainage Improvements process andbook to Board and SAC members . This handbook is an aid that outlines all the TBS August 23, 2010 required steps and timelines for capital projects , public interest orders etc . He clarified that it does not cover the different bond types and their process , but that this handbook gets you to that point . Ms . Hunter thanked Al and thought the Board should officially adopt the handbook as a Policy & Procedures Manual at the yearly organizational meeting . Herb thought the sewer and water projects timeline was very good . Mr. Engman also thanked him and thought it would be very useful . AGENDA ITEM Report from Committees Budget Committee — Herb reported that they reviewed the potential income and scheduled the DH review meeting . Two Special budget comm . meetings have been held at Bolton point . Codes and Ordinances Committee — Mr. Goodman reported that the PDZ for historical residential districts was discussed again and needed to be continued to the next meeting because of concerns about retail uses conveying with the property(s) . The Committee also discussed the Conservation Zone revisions and Mrs . Conneman was there from the Conservation Board and they reviewed comments from Cornell . They also looked briefly at the fireworks ordinance draft submitted by Mr. Bates . Mr. Goodman went on to say that the Stream Setback ordinance was discussed and comments from Cornell were reviewed . Additional comments should be coming in from the Planning and Zoning Boards which he suggested should go directly back to the Committee rather than to the Board for further review and then the Committee would refer the draft law on to the Board . The major issue seems to be with the forestry management portion of it and the threat of the Emerald Ash -borer species which has invaded the area and it is believed will decimate the ash trees and there is a lot of discussion on preventative forestry management . Mr. Engman asked if the Conservation Zones review was focused on the content of the law, not the boundaries or new areas , and Mr. Goodman responded that that was the case . Comprehensive Plan Committee — Mr. Engman reported that there were no meetings due to summer vacations , but that he has met with Planning staff to review progress towards the September meeting and he felt that there will be information and reports for the Committee to start to focus on . Operations Committee — Mr. Engman reported that Marnie Kirchgessner hosted an open house at the Community Gardens and she though it went very well . The Committee talked about cell towers and the status of TCCOG working towards a uniform legal review and production of standard ordinances for them and a lengthy discussion on hydrofracking . The Committee discussed the fire monitoring system and Doyle will be able to add that service to the current contract, so there will be no break in coverage . Page 2 of 11 TBS August 23, 2010 Parks & Trails Committee — Mr. Goodman reported that they discussed the West Hill meeting which focused on emergency services . He is trying to set up a meeting with City representatives to discuss trails they want to focus on . The Committee also discussed the Saunders Road Park ( up past Hospicare) and they will be taking a fieldtrip up there to discuss those trails that lead to it . Ms . Hunter added that the Committee also discussed getting real costs for trails so that that information would be ready and available if funding ever become available we would be ready to act . Planning Committee — Ms . Riha reported that they did not meet this month due to vacation schedules and there has been nothing new on the various PDZs . Ms . Leary asked if there was anything new on the Lucente property and she responded that they have not heard anything and the ball was definitely in their court . Mr. Kanter added that the Scenic Resources report may be ready for October. Personnel Committee — Ms . Hunter reported on a number of items that have since gone to the Board and been acted on , such as the Health Consortium , Planning Director search and the Retirement Incentive . She added that due to the schedule of the Committee , many things are brought to the regular meeting prior to the study sessions and therefore already heard by the Board . Other topics not since acted on were merit- based wage increases as opposed to flat increases and they also discussed the Elective Officials salaries which is on tonight's agenda . Public Works Committee — Mr. DePaolo reported that they discussed the Summerhill walkway lighting request and decided that the Town is not in a position to provide lighting on private property but we would assist the landowners with siting and technical aspects of providing lighting . Vandalism at Tutelo Park was discussed and the perpetrators have been apprehended . There was more discussion on road preservation law and he feels that there is a division in the Committee on which way the Town should be going and he feels that that there is a disparity in the understanding on what DELTA offers ; amassing data by surveying staff and data or actually site and road surveys . emailed the rep again and there is not going to be any boring , but a lot of surveyin nd �o he felt the Committee needs to evaluate the cost-benefit to that . The Co ittee is waiting on approval from the State for the Warren Rd Walkway so that is at a standstill and the Town Hall roof was also discussed . A brief discussion on the possible cell tower on West Hill was also held . Mr. DePaolo asked Mr. Kanter to expand on the Ithaca Estates proposal on the next day's agenda . Mr. Kanter stated that the Planning Board gave the project preliminary approval with a condition of Board approval on the concept of the infrastructure , trails and pathways which the Public Works Committee would make recommendations on . He added that we have not received the additional information from them , so it would probably not be discussed at that meeting . Mr. DePaolo went on to report that they will be discussing equipment purchases , which are many and costly but not to say unnecessary . He also reported on the Forest Home Page 3 of 11 TBS August 23, 2010 Traffic Calming progress and that pre -construction meetings are happening and going well and work will begin on the week of the 30tH Records Management Advisory Board — Ms . Terwilliger reported that they are meeting monthly to review the policy and procedures manual and working on an outline . She added that they discussed the audio recordings retention and placement and decided that those issues and procedures would be melded into the revisions and presented to the Board as a full policy and procedures for comment instead of individual issues to keep the revision moving . AGENDA ITEM Consider Ulysses Water Truck Sales Agreement — Mr. Engman explained that the Town ' s agreement with Ulysses allows for the sale of water as long as there is an agreement in place between us and Supervisor Marino wants to make sure everything is done correctly. The Town would not sign the contract ; we are just agreeing that the sales can happen . The Town will not receive any extra income from this because Ulysses pays the retail rate already and the total water received by the Town of Ulysses can not exceed a certain limit and they do not intend to exceed that limit . Mr. Weber's request , Ulysses added a statement that the water is not guaranteed to be potable and there is a clause in there that the water can not be sold for hydrof racking . TB RESOLUTION NO . 2010=1 ,54a APPROVAL OF WATER RESALE BY THE TOWN OF ULYSSES WHEREAS the Town of Ithaca has a Water Service Agreement with the Town of Ulysses dated October 30 , 2003 and WHEREAS item 16 . (J ) states that " Ulysses will not supply or resell any water obtained from the Commission ' s facilities to any third party municipality or other customer (other than normal retail homeowners and business owners within the bounds of the existing Ulysses Water District Number 3) unless Ithaca and the Commission approve that supply and the terms of that supply in writing prior to the occurrence of any such re - supply or sale" and WHEREAS the Southern Cayuga Lake Intermunicipal Water Commission gave its approval at its August 5 , 2010 meeting , now therefore be it RESOLVED that the Town Board of the Town of Ithaca approves the sale of water by the Town of Ulysses under the terms of the Water Resale Agreement adopted July 29 , 2010 by the Ulysses Town Board . Moved : Herb Engman Seconded : Susan Riha Vote Ayes : Engman , Goodman , Hunter, Leary, DePaolo and Riha Absent : Levine Page 4 of 11 TBS August 23 , 2010 AGENDA ITEM (See Attachments) Discussion of Elected Official's Salaries -- Mr. Engman explained that this topic came from the Personnel Committee and that he was asked to supply a dissenting report , which he did via track changes which he sent out earlier in the week. Ms . Hunter summarized the Personnel Committee 's recommendation and background on the research done in support of it . The Committee voted in favor of the increase , with Mr. Engman dissenting , because they felt an increase might attract a wider pool of candidates and they felt the time commitment deserved an increase . The proposed increase is 43% , where Mr. Engman was suggesting a 5% increase . Ms . Hunter referred to Mr. Engman 's dissenting statements about the time commitment and limiting the involvement of the Board was not desirable and there are many projects and board participation is important . She felt that the Town government works very well but that we are in the middle , not being small enough where board members are generally assigned a specific areas of responsibility to focus on such as buildings , or parks , or whatever and we are having trouble grappling with that and board members have a large time commitment. Ms . Leary had responses to Mr. Engman 's comments and went over each . She added that she would be sending her comments in alternating color to his . (See Attachment) She felt that he underestimates the time commitment involved and that we are not accurate about how much time it takes . She then addressed his comment on efficiencies and his platform was to increase involvement of the board and this Board does not want to turn the running of the Town over to a supervisor or staff , which involves more time . from members . Chart of Pay Scales — Ms . Leary distributed a chart detailing other elected officials pay and the Town pays board members and judges less than the median . The difference between Supervisor and Board pay was discussed with disagreement on the similarity between duties and pay between municipalities . There are elected Supervisor duties and Administrator duties and the Town differentiates between the two and pays a salary for each . Ms . Leary responded that she had confirmed the same with the other municipalities . Philosophy -- Volunteerism vs Paid Mr. Engman thought the issue was a philosophical one between true volunteerism and paid services . Ms . Leary stated that volunteerism rates are declining and groups are adding more incentives to try and attract volunteers . People do not have the time to volunteer anymore as they cobble part-time jobs together to make a living . She added that being motivated to be involved in the "greater good" versus payment/salary are not mutually exclusive . Ms . _Leary felt that the Town was in a financial position to give the increase because there is money in the general fund . Page 5 of 11 TBS August 23, 2010 Mr. Engman rebutted the financial aspect , stating that the general fund may be in the black , but the other funds of the Town are in the red . He reiterated that it is a fundamental difference in the approach of whether the position is a job or public service . He also felt that the time commitment and pay should be dealt with separately. He feels the Board should not be tied down in minutia and the committee structure is over a year old and needs to be evaluated and adjusted because it is , not using member time efficiently . Ms . Riha spoke and she felt that the major issue is to maximize interest in serving . She felt the thing holding people back is the time commitment and felt that a pay increase of $4 , 000 was not a factor. People have X amount of time to commit to something and they will either choose to do a public service or a part-time job but the time expectations need to be realistic and upfront . Mr. Goodman thought the 43% was not politically feasible , if nothing else , but an increase is needed ; he suggested somewhere around the median of other municipalities as detailed in the chart . Mr. DePaolo stated that a lot of work and a lot of minutia went into the report and it can be boiled down to the job versus public service but he thought the Town could absorb the raise and members still be doing a public service because of all the work involved . He added that the percentage is high because the starting point is so low. Ms . Hunter was concerned about the concept of reducing the involvement of the Board and felt that members are elected to be hands on and the idea of limiting involvement is scary to her. Mr. DePaolo stated that the fact is the numbers show that the Board is underpaid and the common correlation is time = money , no matter what any person is doing , time = money and the time members spend is necessary because staff is not underworked , and the work needs to be done . He also thought it was not accurate to look at this from a percentage aspect , but that the board was not being compensated enough for the time , the education and the breadth of education they are required to have or get . And it is not a stretch to say it would still be public service . Ms . Hunter reiterated her apprehension of any kind of suggestion that the board be limited in its involvement with town business . Ms . Riha responded that she didn 't think the concept was to reduce involvement , but to make it more efficient . The argument could be made for other board 's as well such as the Planning Board that she served on . Mr. Engman agreed , stating that his point was not to limit involvement or oversight , but to look at efficiencies . He stated that the Board spends too much time on minutia instead of the policy and procedure work that needs to be done . We have staff for the routine and minutia . Page 6 of 11 TBS August 23 , 2010 Mr. Goodman added that there is a broad spectrum of opinion on this subject and bickering back and forth will not get the board anywhere . He suggested that it will be discussed again and a motion made and whoever gets the votes will win . Former Board Member and current County Legislator, Peter Stein spoke from the audience and asked to be heard . Mr. Engman asked the board if they were in favor of allowing him to address the board and Ms . Leary was strongly opposed to it , but the rest of the board was noncommittal and he was allowed to speak. Mr. Stein spoke about how he recently documented the time spent on County matters because he also felt the time he spent was extreme , but when he actually documented , it was much less than he thought . He added that if members wanted publicity, giving themselves a 43% raise would do it . Ms . Leary rebutted that it was due to Mr. Stein 's time on the board and influence that the increase was so large because it hasn 't been raised in so long and the concept that it is not ok to give yourself a raise . A debate on the issue will be scheduled for a future meeting . AGENDA ITEM Discussion of Asset Management — Mr. Engman reminded the Board that a presentation is scheduled on this subject for September 9th here at Town Hall and this is a mini -prep for that , as well as a tie- in from the road preservation presentation which was given recently which is a type of asset management of roads . Mr. Weber handed out a brief summary on roads and inventory from NYS and explained the process briefly and in layman terms . Preventative maintenance is the key to road preservation and useful life . Discussion followed . Mr. Carvill stated that the Town has a computer program that will list our assets and Mr. Weber responded that he is aware of it , but the data entry is not complete . Ms . Hunter commented that she thought the Town will need some help to bring this whole process down to a layman 's level so we can start planning and budgeting for replacements and she was looking forward to the presentation . Mr. Weber added that many decisions on replacements and such are made because of efficiency; such as the City doing a project on a road and tearing it up , so a water main may be replaced at the same time to avoid tearing up the road again . He added that he is working on a 10-year plan with Mr. Carvill and Mr. Engman . Discussion followed with the Board deciding that staff should put together lists of what they consider assets and a baseline monetary amount should be , established . Page 7 of 11 TBS August 23 , 2010 AGENDA ITEM Discussion of Mitigation Fees — Mr. Engman noted that members had received information from the Attorney for the Town . Mr. DePaolo noted that the SEQR-based fees have not been tested in court yet . Discussion followed . Ms Hunter stated that it was important for the Town to think about this as we go through the revisions to the Comprehensive Plan so we can put ourselves in a . position to take advantage of mitigation fees such as the ones used in the Ramapo case . Mr. Engman added that it is important that we put what we want our neighborhoods to look like in the Comp Plan very clearly to have a basis for a mitigation fee program in whatever form it, may take . He added that the problem is many of our roads are County or State and therefore we have no say in them , but we do have a say in the pathways , trails and parks associated with development . AGENDA ITEM Presentation from Ithaca Youth Council No one present . AGENDA ITEM Consider Setting PH for Road Closure — Mr. Engman explained that we had received a request from the Forest Home Neighborhood Association to hold a block party and close a portion of the road as they have done in the past . In researching the request , it was discovered that the legal process for doing this has not been done and the Town needs to adopt requirements and a process for doing so . One of those requirements is to hold a public hearing and that is the action in front of the Board tonight . TB RESOLUTION No. 2010-155 : Set Public Hearing re. : Proposed Regulations for the Issuance of Permits for Temporary Road Closures WHEREAS , the Town Board wishes to adopt regulations setting forth terms and conditions for the issuance of permits by the Town Superintendent of Highways or the Commissioner of Public Works to allow the temporary closure of a town street , highway or road for a neighborhood block party , celebration or event. Therefore be it RESOLVED , that the Town Board will hold a public hearing to hear comments regarding the proposed regulations on Monday, September 13 , 2010 at 5 : 50p . m . Moved : Susan Riha Seconded : Rich DePaolo Vote Ayes : Engman , Goodman , Hunter, Leary , DePaolo and Riha Absent : Levine Page 8 of 11 TBS August 23, 2010 AGENDA ITEM Consider Consent Agenda Items TB RESOLUTION No. 2010 - 156 : CONSENT AGENDA BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves and/or adopts the Consent Agenda Items : a. Minutes of July 26, and August 9, 2010 - Pulled b. Town of Ithaca Abstract c. Acknowledge Receipt of Report Re. : Examination of the Justice Court Fund Moved : Rich DePaolo Seconded : Bill Goodman Vote Ayes : Engman , Goodman , Hunter, Leary, DePaolo and Riha Absent : Levine Passed unanimously TB RESOLUTION No. 2010 - 156b : Town of Ithaca Abstract 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 , General Fund Town wide 48124 . 66 General Fund Part Town 3034 . 25 Highway Fund Part Town 8946 . 04 Water Fund 4479 . 97 Sewer Fund 2616 . 01 Warren Road Walkway 900 . 00 Forest Home Lighting District 143 . 20 Glenside Lighting District 54 . 06 Renwick Heights Lighting District 75 . 93 Eastwood Commons Lighting District 164 . 10 Clover Lane Lighting District 19 . 66 Winner's Circle Lighting District 59 . 96 Burlei h Drive . Lighting District 66 . 66 West Haven Road Lighting District 211 . 01 Coddin ton Road Lighting District 12532 Trust and Agency 400 . 00 TOTALS 69420 . 83; Moved : Rich DePaolo Seconded : Bill Goodman Page 9 of 11 TBS August 23 , 2010 Vote Ayes : Engman , Goodman , Hunter, Leary , DePaolo and Riha Absent : Levine Passed unanimously TB RESOLUTION No 2010 - 156c : Acknowledge Receipt of the Independent Audit Report of the Town of Ithaca Justice Court Fund . WHEREAS, in accordance with the Uniform Justice Court Act , the Town Justice Courts provided their court records and dockets for examination to the Town , and WHEREAS, Sciarabba Walker and Company, LLP conducted an examination as prescribed . and submitted their summary to the Town . THEREFORE BE IT RESOLVED , that the Town Board acknowledges receipt of said report and will forward said report to the New York State Office of Court Administration as required . Moved : Rich DePaolo Seconded : Bill Goodman Vote Ayes : Engman , Goodman , Hunter, Leary , DePaolo and Riha Absent : Levine Mr. DePaolo noted and error in the minutes and this was fixed. TB RESOLUTION No . 2010 - 157 : APPROVAL OF MINUTES FROM JULY 26T" AND AUGUST 9 , 2010 WHEREAS , the draft minutes of the July 26th and August 9th of the Town Board have been submitted for review and approval ; THEREFORE BE IT RESOLVED , that the governing Town Board hereby approves the submitted minutes , with corrections , as the final minutes of said Town Board Meetings . Moved : Rich DePaolo Seconded : Susan Riha Vote Ayes : Engman , Goodman , Hunter, Leary , DePaolo and Riha Absent : Levine Passed unanimously AGENDA ITEM Review of Correspondence — ( Ulysses Water) Mr. DePaolo asked about the letter from Doug Austic categorizing the leak as "not substantial : " He thought it was a substantial leak , then not as big a leak and now a not substantial leak . Mr. Engman responded that the calculations we made were done internally based on water pressure and so forth . The Town of Ulysses has not presented any estimates of what they think the leak might have been , but as Roxanne Marino has been working the numbers , they have been coming closer and closer to what we can probably agree on as far as water leakage . They did have a water association come in and do a leak test on their lines , Page 10 of 11 f _ IOak-" +4-M .. ..s +fir=:. , ry ?..C..,, IN I t ♦ p \ 5R54 � . s li F $jr ✓ . r '�% ;y' ei ^l �I IN N- w ll IN n: TBS August}232010 IN I Vf which we haven 't received a . report on , but he thought we would probably; h'aue an f "lle accounting of the water that has been part of the issue of contention . Thre is noway ^ � . of knowing how long the leak was there but we know there was a lea,,k: Wye. know that there is no major leak on our side and the key is to come within theacce1ptatle percentage of leakage, on both sides of the border. Meeting w s adjourned at 7 : 15 p . m . v Re Sp t , lly % tie IN I A6: s ^ N Paulette Terwilliger, Town Clerk If �;. k , µ.ms Nil Jay Y V :: . A M1 t s i- IN y PIN 1yp ", " d 3, Y Y Y �d a' Page 11 of 11 y�E r .t t F a. '.Rm°R"i.°a^ Yell IN, IN A Note: At the August 3, 2010 Personnel Committee meeting it was suggested that I file a minority report on the topic of elected officials' salaries because I dissented from the maiority (2-11 recommendation to the Town Board that the report that follows be accepted. 1 suggested that my report take the form of a track-change addition to this document and that idea was accepted by the committee. The original report appears to have been written to support a large increase in elected officials' pay. I hope my additions add some balance and additional information to inform the decision-making process. While I agree that the data gathered by Tee-Ann Hunter indicate an increase in elected officials' pay may be iustified, I disagree on the amounts, the timing and some of the reasoning as expressed in this document. Herb Engman, Town Supervisor 8/12/2010 Personnel Committee Report on Salary Revision for Elected Officials The decision of a recently appointed Town Board member not to continue on the Town Board because of time constraints illustrates again the need to raise councilpersons' salaries of $8,797 to a level commensurate with the time demanded by the position, and to consider the compensation of other elected officials . The issue has been studied by the Personnel Committee since late 2009 in anticipation of the 2011 budge% To deal with time issues we should consider the causes of time demands and . . . . , - Deleted: . determine ways to reduce time spent. Increasing the pay of elected officials is not the way to solve a time problem. Expanded Responsibilities The responsibilities of the Town Board have expanded in the Town of Ithaca as the town has grown and become increasingly complex over the years, with new demands on development, infrastructure, transportation, staffing, and intermunicipal relations. Frequency of meetings and associated preparation has more than doubled with the addition of an extra board meeting per month and the dramatic expansion of committee work. The commitment to greater participation by the full board, a central reform of the current administration, needs to be reflected appropriately in board members' compensation . No matter how the committee structure may be organized, the workload cannot be anticipated to decline as long as the town itself continues to grow. By this logic, a larger government like the County should have all full-time legislators. Time and growth issues should be dealt with in other ways . Adjusting the committee structure, trusting the work done by committees, increasing efficiencies, setting priorities and allowing staff to carry out day-to-day responsibilities are better ways to deal with the time and growth challenges. Expanding the Base for Recruitment Democratic principles require that full participation in local government be accessible to as broad a range of citizens as possible, not just those whose economic circumstances allow a very flexible schedule A with ample spare time to work for minimal compensation . Salaries for elected officials must be high enough to allow ordinary working citizens to forego some income in order to spend the time required to fulfill the responsibilities of office . Allowing direct participation in governance to as wide a range of town residents as possible is not only good for the residents themselves in having access to elective office, it benefits the quality of decision making by the board . It brings to board decisions a diverse range of experience and perspectives on issues affecting the public. Public Service: Paid or Volunteer? Public-sector jobs are no different than private-sector in terms of function; the same variety of tasks and competencies are needed in public organizations as in private . One substantive difference is in increased job security afforded by the Civil Service rules in New York State, but it is generally not assumed that this difference should imply a substantially lower rate of pay for public-sector employees; neither does the fact that they are paid by tax revenues suggest that they should be exempt from minimum wage laws or otherwise suffer a financial penalty relative to their private-sector counterparts. Civil Service positions are, in fact, competitive with prevailing market wages. Public-sector employees also enjoy better benefits than their private-sector counterparts : According to a recently released Labor Department report (cited in the July 28, 2010, Governing Daily), as of March 2010, 88% of state and local government workers had access to employer-sponsored medical plans, compared with 71% of private-sector workers. This probably reflects a higher commitment to worker rights that has been a tradition among government employers, as opposed to the focus on maximizing profit that is the primary goal of for- profit entities . Elected officials also are eligible for some fringe benefits . These are often more valuable to an individual than the pay itself. Elected officials are no different from other public-sector workers, except that they lack the job security, since they are exempt from Civil Service protection . Every four years, in fact, elected officials on Town Boards must reapply for their jobs . Elected officials are very different from other public-sector workers. Elected officials for the most part do not have iob descriptions, are not required to have minimum iob qualifications, are not required to have experience in the field, have no supervision, face no performance evaluations, and for all practical purposes can not be fired but every four years. If one argues that elective office should be considered a form of volunteerism, it is noteworthy that New York State has the lowest rate of volunteerism in the nation, ranking 51", behind all 50 states and Washington, D .C., according to Volunteering in America 2009, a report by the Corporation for National & Community Service . The figure suggests a time-starved population with little flexibility for uncompensated work. This interpretation is supported by the fact that locally, finding candidates to run for town office has traditionally been difficult, and the ones that have come forward tend to fit a uniform pattern : retired or semi-retired, independent business owners or professionals, tenured academics . Perversely, what is viewed by some as a noble gesture of altruism in keeping elected salaries low has skewed the profile of the governing board to the most privileged in the community. The notion of 2 "giving back" for a life of plenty, often cited by town candidates as a motivation for serving, implies a class of privilege not consistent with democratic values . Those who have argued most strongly that adding $4000 to a salary of $8000 would not make a difference in recruiting candidates are usually those speaking from a position of personal financial security. The goal in diversifying the governing board would be to attract those who have little economically to give back for. The argument above seems to suggest that lower income individuals are less likely to volunteer than wealthier people. I know of no such data . It generally is not the "privileged" who volunteer as firefighters, construct playgrounds, help run community festivals, serve in veterans' associations, etc. In all the conversations I have had with potential board candidates, none have expressed concern about the level of pay. It will be a truly sad day for the Town of Ithaca when people run for office mainly to secure a part-time lob. It will be even worse if elected officials cling to office lust for the pay. Public service should be the primary motivation . I know of no studies that show that increased pay improves either the quality or diversity of candidates. Deleted: 1I ,Salary and Expectation for Performance Town Law refers to compensation for elected officials as "salary," not "stipend" or "honorarium." Unlike unpaid citizen advisory boards that are typically more narrowly focused and based on specialized expertise or interest, governance requires both broad knowledge and perspective and a serious, sustained commitment of time and attention . That level of commitment is hard to achieve with volunteers, who rightly regard their time for what it is: a gift. Salary implies an obligation to render a service; the expectation for that commitment is higher when a salary is paid . Service on the Town Board should not be seen as a time of "giving back" following a successful career, a hobby for retirees, or a sideline for elites whose main source of income is high enough to allow setting aside large amounts of time for volunteer activity. Neither should it be for those who are so driven by ideological fervor that they are willing to work for little or nothing. The Town Board should be made up of citizens whose current life experiences more or less reflect those of the residents of the community. Volunteers are often as committed and valuable as paid board members. A "salary" does not imply any obligation on the part of an elected official — see the reasons under Public Service — Paid or Volunteer, above. Living Wage: Basic Minimum Compensation for Time Worked The Town of Ithaca is certified as a Living Wage Employer by the Workers' Center, based on its wages for regular staff. Both councilpersons and supervisor have minimal duties prescribed by law, but the actual time commitment required to govern responsibly — in a town of 20,000 with a budget of $20 million, growing at three times the rate of the city, with a demanding committee workload — is substantial, and has been amply documented by current and recent years' time logs for the NYS Retirement System . NYS Retirement calculates full-time as 120 hrs/month , or 6 hrs/day, 5 days/wk (calculated over a 7-day week= 4 hours/day for a 30-day month ) . 3 These calculations are for retirement — not pay - purposes (and NYS is extremely generous as evidenced by the many attempts over the years, reflected in the different tiers, to reduce benefits to a more manageable level ). Half-time would be 60 hrs/month (30 days ), or 3 hrs/day, 5 days/wk (2 hrs/day over a 7-day week, 30- day month ) . Again, this is using retirement apples to apply to pay oranges. The Alternatives Federal Credit Union's current annual Living Wage for an individual in Tompkins County is $ 11 . 11/hr, or $23, 104 annually. Adjusted by the Workers' Center for no health insurance employer subsidy (which is generally the case for elected officials in the town ), the living wage is $ 12 . 11/hr, or $25, 180 annually. Half of that is $12,590 . By way of comparison, the town's lowest paid regular job category, laborer, earns in excess of $ 17/hr. The salary for elected officials should be high enough at least to allow a working mother to cover the cost of child care : the going rate for baby-sitters locally is about $ 15/hr. Qualitative Nature of Management Level Work The time requirement is only one factor in evaluating an appropriate rate of compensation for a position . Even if it were felt that Town Board members' time investment either does not reach the threshold of 2 hrs/day, 7 days/week (or 3 hrs/day, 5 days a week), or that the State Retirement system is too generous in defining those hours as half-time, there is an additional consideration in valuing officials' compensation . The Living Wage standard is a lower-bound estimate of what it takes to replace a half- time salary for the lowest paid workers in the community. But by the town's (and Civil Service's) rating system, the nature of the work of an elected official is at a higher level than that of the lowest skilled occupation and should be compensated at a commensurately higher rate, similar to that of department heads . Again, elected officials do not face the same employment restrictions and oversight as regular employees. The amount of time spent by elected officials is substantially voluntary and varies considerably from person to person . Pay should reflect an average time contribution, not the highest. Growing Disparity between Elected and Staff Compensation Increasing pay by an across-the-board percentage creates a growing disparity between high-wage and low-wage earners, and this is true as well for elected officials and staff. The practice of raising salaries of elected officials and regular staff by the same percentage rate over the years has created an increasing disparity between staff and councilpersons' pay. To take last year as an example, a one percent increase for a $90,000 department head is $900; on the Supervisor's pay of $48,516, it's a $485 raise; on a councilperson's base pay of $8,797, that 1% is $88. This process over the years has resulted in a town with one of the best-paid workforces of any municipality in the county, but with an elected board that lags its peers, even the City of Ithaca, which despite a lower total assessed valuation and lower pay for 4 its staff (a multi-year study released last year by the city, CSEA, and NYS Civil Service indicated the city pays its staff 40-60% below peers), still pays its Common Council members more than the town, $9,641 . Our Town study of staff compensation a few years ago indicated that middle management staff is underpaid yet there has been no effort to correct this inequity. pother local comparison is illustrative of the-disparity: the Town of Lansm with about half the - Deleted: s population of the Town of Ithaca, pays its councilpersons $9,645, its supervisor just over $30,000, and its Town Clerk $39,259 (compared with $56,500 in the Town of Ithaca ) . If the Town of Ithaca paid its Town Board members in the same proportion that the Town of Lansing pays its Town Board members in relation to its Town Clerk, their salaries would be $ 13,880; if the Town of Ithaca paid its Town Board in the same ratio that the Town of Lansing pays its board relative to its Supervisor, the Town of Ithaca board members would make $ 15,598. The Town of Ithaca's Town Board salary is disproportionately low by several measures compared to peer municipalities, including relative to its own internal salary structure. Percentage increases affect low paid staff in the same way. There is no recommendation to correct that disparity. This argument also fails to recognize that as department heads have retired we have cut each position's pay by around $20,000 per year. While the Town of Lansing appears quite generous, the Town of Dryden pays its town board members only $6,269 per year. Note that these comparisons are on straight salary alone: with the exception of an optional health insurance participation for which the elected official would pay 50% of the premium, there are no fringe benefits (e.g., vacation time accruals, for which employees may opt to buy back for additional compensation) associated with elected officials' salary, so the compensation is even less to the Town Board members than it would be for regular employees. Even the 50% health plan option does not carry with it a "opt out" cash benefit for elected officials : regular employees who opt out of the benefit receive additional cash compensation, as they do for unused vacation time . Town Board members receive neither. (Again comparing with the city, Common Council members receive health benefits on top of their $9,641 salary, for which they share only a small part of the premium .) Board members can take as much time off as they wish . There are no restrictions. There has been active discussion in the Personnel Committee concerning the possibility of eliminating vacation buy-back for staff. Comparison of Elected Officials' Compensation with Towns Statewide Councilpersons: A survey conducted this year (2010) of 48 towns across the state showed the Town of Ithaca to be well below the average of $11,422 rthe median was $10,4501, almost in the lower third, of towns between 10,000 and 100,000 in size . The finding held even when narrowed to towns of the same population as the Town of Ithaca, plus or minus 5,000 ( 15,000-25,000) . In fact, even among towns of the smallest size, between 10,000 and 15,000 population, nearly half (9 of 20) paid their councilpersons more than the Town of Ithaca (as illustrated locally by detailed example of the Town of Lansing above, not included in the statewide sample) . 5 The statewide data vary wildly, with little evident rationale. The population of the selected towns varies from 10,408 to 94,019 and the town board members pay ranges from $3,175 to $23,436. 1 selected a more constrained sample of those towns with a population from 17,351 to 20,365, which is much closer to the population of the Town of Ithaca . In those 9 towns the average town board compensation averaged $10,834. The Town of Ithaca Supervisor's salary ($48,516) is in line with the state average ( between the median of $46,331 and the mean/average of $51,500) . Using the same 9 towns indicated above the average town supervisor salary was $55,868. The Justices' salary showed the greatest disparity from the state average, at $16,818 compared to an average of $31,003, a median of $32,000 [It is not clear whether the pay levels of the other town justices is for full-time or part-time work. The average of the 9 towns is $26,821. Justices also have the opportunity to build public pensions in addition to private enterprise ones.] . Time logs for our justices indicate that they work just under half-time. By comparison, the court clerks, at an hourly rate of $24.42 working full-time at 37.5 hours/week, make $47,619 per year; the half-time (20 hr) equivalent is $25,397 : their administrative assistants therefore make more than the Justices, even before benefits (absent in the Justices' compensation ) like vacation and sick pay are factored in . The difference is further amplified by the fact that the Justices pay 50% of their health insurance premium, compared to the town's full- time employees, whose premiums are fully paid for by the town . Last year's 1% raise in salaries was not enough to cover the Justices' contribution to the increase in health insurance premiums; they actually saw a take-home pay decrease. Meanwhile, the productivity of the Town of Ithaca's Justices in terms of cases heard and revenues generated is among the highest in the state, ranking 206 out of 1,253 town and village courts for revenue earned in 2009 . Planning Board and Zoning Board of Appeals: Although not intended to be part of the primary review, data collected for appointed boards indicated a wide range of stipends per meeting or annual salaries . Can the Budget Support a Salary Readjustment? The Town of Ithaca has been fortunate among municipalities in that it has not relied heavily on state aid for revenue, so it is largely unaffected by the state's current budget troubles . It also enjoys a low tax rate and healthy fund balances, thanks to realistic taxing and budget decisions . The only healthy fund balance proiected for 2011 is the General Fund . Highway is questionable and Part- Town, Water, Sewer and Fire will all need substantial increases in the coming year. The town has been showing higher-than-anticipated revenues for the first half of the year. The local economy, which was less affected by the recession than other regions, has also shown positive signs of growth in the first half of 2010. The Ithaca College Index of Economic Activity for Tompkins County reported that year over year, March help-wanted ads were up over 18%, building permits increased 95%, home sales were up 53%, and retail sales were nearly 9% higher. Countywide second-quarter sales tax revenues also ended strong, with a final June settlement payment that was 3 .8 percent higher than at 6 r the same time last year. Revenues are now projected to be ahead of County Administrator Joe Mareane's optimistic 3 .5% annual growth projection . The comparisons above are to the dismal 2009 year. Revenues in 2010 are still much below 2008 levels. The economic outlook in June also improved . The level of economic activity matched the highs attained before the recession, according to the Ithaca College Index of Economic Activity, which rose 1 .82% in Tompkins County to 157.76 from a revised mark of 154.93 in May. Home sales, air traffic, and help- wanted advertising were on the rise. Help-wanted advertising increased 4.44 %. Compared to June 2009, help-wanted advertising was up 14.44 %. Increases in help-wanted advertising often precede growth in employment. Exceptionally strong home sales pushed the regional economy to new highs in June : bucking the national trend, in which existing home sales in June fell 5. 1%, in Tompkins County home sales rose 77.93 %. Retail sales were up 4.31% when compared to June 2009, and overall economic activity was up 4.05%. Again, these are very selective statistics, with comparisons to the recession year of 2009. Last Vear Social Security recipients received a 0% increase. The New York State Retirement System has announced that retirees will receive a 1 .4% increase for the 2010-2011 Year. Many local employees were laid off or forced into early retirement in the past Year. Raises in the private sector rose a paltry 1/10 of one percent in 2008 (2009 figures are not yet available, but will likely not exceed that level) . The Town gave its employees a 1% raise ( 1.5 for unionized employees) last year and the 2011 level will likely not exceed 2%. The current cost of living increase is around 1. 5% and deflation is a worry for economists. In sum, both the national and local economies are in a delicate state and great caution should be observed on all expenses. Cornell has reinstated salary increases for FY2010-11. But many employees are now doing the iob of two to compensate for previous downsizing. Most Cornell employees received 0% increases in 2009. Meanwhile, the county tax levy is targeted to rise by 5%, and 3 .74% in the Ithaca school district. The decision to raise elected officials' salaries is more a political than a fiscal question; like any budget item, it is a reflection of priorities. It should be noted that even the Tompkins County Legislature, in one of its worst budget crises last year, found the political will to raise its members' $19,000 salary by $ 1000. Even if a salary increase were raised directly from taxes instead of from the ( more likely) surplus fund balance, the effect on a $20 million budget would be negligible. Both county and town taxes combined are less than the proportion of property taxes raised by the Ithaca school district. The town's 2011 budget has identified many potential areas of saving (retirements, staffing realignments), and some new discretionary spending (e.g., sustainability planner, intermunicipal water 7 metering) . A re-setting of elected officials' salaries, long overdue, is appropriate in this time of change and reevaluation . Fair Compensation for Work Finally, there is the matter of fairness . To pretend that compensation should be based on the minimal duties prescribed by law (as if it were a comprehensive job description ) and to consider the rest — the responsible implementation of those duties — "optional" is to deny the reality that the effort, talents, and time required for decision making and management in government organizations are qualitatively the same as that required in other organizations . It is to minimize the importance of governance as a legitimate activity; to carve out an exception that applies to no other field . The fact that the enterprise of governance is for the public good does not mean that the practitioners of governance should be penalized for their good works; the executives of insurance companies, oil companies, and other for- profit firms for whom the public good is secondary, if considered at all, should not be the only ones regarded as deserving of fair compensation . Recommendation to Raise Councilpersons' and Justices' Salaries The Supervisor's salary does meet the test for Living Wage but is still well below many senior positions in the town . The Town Clerk's salary was recently revised downward based on an evaluation of the duties of the position, yet it still pays considerably more than the Supervisor, who has many more responsibilities. The 2000 study of the Supervisor's salary recommended compensation that was an average of department heads' salaries in the town . The recommendation was never adopted . Although it is worthy of consideration, the most glaring inequity at this time is the disparity in the councilpersons' and Justices' salaries . Town Board (Councilpersons) : Bringing the Town Board rate up to the Living Wage of $12,590 based on an assumption of half-time work is actually a minimal level . Since the duties of Councilpersons and Supervisor are essentially the same as members of the Town Board, allowing a differential for the Supervisor's additional statutorily mandated fiscal duties (substantially supported by the staff budget officer) and administrative tasks, a salary of approximately one-third to one-half the Supervisor's salary of $48,516 is a realistic differential for a Councilperson . The current six-fold gap reflects a legacy from an earlier time when the Town Board's role was more or less a rubber stamp of the Supervisor's decisions. [I am not arguing for an increase in the supervisor's pay, but since a comparison was made to the County's levels of compensation earlier in this paper: the administrator's salary of $ 114,748 has the same ratio to the County Board's level of $ 19,323 .]The fact that the Supervisor's salary is in line with the state average but the councilpersons' salary is well below average underscores the current disparity. A narrower gap between the two salaries is more appropriate now that the Town Board's involvement in governance has grown to fulfill more closely what it is mandated to be under Town Law: the legislative, executive, and administrative head of the town . In the final analysis, the level of pay for local elected officials is not determined by statewide data but by local culture, tradition and willingness of the public to pay and for elected officials to serve. There is no need for Town of Ithaca officials to be the highest paid in the county. We have a comparably large and 8 talented staff to ease the load and to carry out the responsibilities of the Town . I suggest an increase of $500 (to $9,297) for Town Board members. That puts Town of Ithaca pay near the highest in Tompkins County while respecting the ability of the public to pay and acknowledging the current severely constrained fiscal environment. The Personnel Committee recommendation of a 43% increase is hard to defend, most certainly in this current economic situation . justices: The broad case load that comes before the two Town Justices spans the range of crimes seen in Deleted: the county court system, up to and including murder. Although Town Justices are not required to be attorneys, and training is required to give non -attorneys some familiarity with the law, a town of the size and complexity of the Town of Ithaca deserves a professional attorney in the role of Justice, familiar not only with the law but with the techniques of practicing attorneys who argue cases before the court. This requires compensation high enough to allow an attorney to forgo enough work in his or her private practice to devote adequate time to handle the town's case load . Currently, only one of the Town Justices is a lawyer, the first in many years; the other, an architect long associated with the town, will sooner or later retire. Since the Justice salary of $16,818 is little more than half the average paid by towns across the state, an increase of $4,000 beginning next year would bring the salary at least a respectable way toward that average and closer to parity with their clerks. Increases could be made incrementally over the next few years to reach the $31,000 mark. I recommend that town justices' salaries be raised $1,000 per year for each of the next four years. That amount recognizes the valuable contribution of the justices to the Town while acknowledging the difficult financial times we are experiencing. t is also recommended that salaries for elected officials be reviewed eve five -ears to maintain an - Deleted: appropriate level of compensation . 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