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HomeMy WebLinkAboutTB Minutes 2024-01-22MEETING OF THE ITHACA TOWN BOARD January 22, 2024 rl'own oflthaca Public Meetings You`I'ube htI.p//us(lCiweb.z.c)om.us/'/88080828447 El"fX61W 1. Consider NYS Association of Towns' Resolutions for 2024 and designation of the Official Delegate for the 2024 Annual Meeting 2. City of Ithaca update on Homeless Encampments 3. Consider award of: a. Troy/Coddington Rd Generator Project b. PWF Mechanical, Electrical, Plumbing (MEP), & Structural Design Project 4. Consider approval of a sewer exemption requests a. 339 Stone Quarry Rd b. 341 Stone Quarry Rd 5. Committee Reports a. Budget b. Codes & Ordinances c. Personnel and Organization/ERC d. Planning e. Public Works f. Economic Development g. Parks, Trails, Preserves & Recreation h. Cayuga Lake Watershed Intermunicipal Organization 6. Consent Agenda a. Approval of Minutes b. Approval of Town of Ithaca Abstract c. Approval of Appointment to ZBA — Ritter as regular member d. Recommend appointment to Joint Youth Commission — Resident Representative — DeGrass e. Approval of Engagement Letter/Legal Services for IAWWTF - Brock f. Approval of Budget Amendments g. Approval of setting a public hearing regarding a proposed local law to amend Town of Ithaca Code, Chapter 239, Taxation to update income tables for certain exemptions MEETING OF THE ITHACA TOWN BOARD January 22, 2024 Minutes Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Susie Gutenberger, Pamela Bleiwas, Rob Rosen and Margaret Johnson Present: Judy Drake, Marty Moseley, CJ Randall, Ashley Colbert, Joe Slater, Donna Shaw, and Dan Thaete Mr. Howe opened the meeting at 4:30 p.m. 1. Consider NYS Association of Towns' Resolutions for 2024 and designation of the Official Delegate for the 2024 Annual Meeting The Board discussed the responsibilities of the delegate and will discuss the proposed resolutions at the next meeting. TB Resolution 2024 -013: Designation of Official Delegate and Alternate voting member to the New York State Association of Towns Annual Meeting Whereas, the NYS Association of Towns Annual Meeting is held annually in New York City and the Town of Ithaca is a member in good standing and eligible to have voting rights at the Annual Meeting, Whereas the Town Board has reviewed the draft resolutions put forth by the NYS Association of Towns, now, therefore be it Resolved, that the Town Board hereby designates Rob Rosen as the Official Delegate and Margaret Johnson as the Alternate to cast votes on behalf of the Town. Moved: Susie Gutenberger Seconded: Eric Levine Vote: ayes — Howe, DePaolo, Bleiwas, Levine, Johnson, Gutenberger & Rosen 2. City of Ithaca update on Homeless Encampments (Attachment 1) Nels Bon and Lisa Nicholas gave an update on the Homeless Encampments in the City and what their approach will be going forward. Mr. Bon reported that the City adopted a pilot administrative policy to manage homelessness that does provide an area in the City where camping would be permitted on a pilet temporary basis. It will be behind Walmart on City owned property the former Southwest Park, about 28 acres of land and the City is committed to providing sanitary and hygiene facilities, also in that location. TB 2024-01-22 (Filed 2/1) Pg. 1 As far as the rest of the City, camping is not permitted, but there has been no guidance to staff on what to do if there is a camper on other City property. In September they adopted a framework on how to address encampments on other encampments that are outside of the permitted zone. It is a color -coded matrix that differentiates between the areas that are actively managed like Stewart Park and the ones that are less actively managed, for example the areas behind the Home Depot. The chart gives a protocol on how to handle encampments in these areas. It will be swift response to notify the person that it is not an authorized place to camp and to provide posting and give a warning that if not moved the City will remove materials or items from the property. The city will focus first on coordinating with outreach workers to get these people to shelter, housing or the authorized area. Mr. Bon stated the City has adopted a pilot program which will allow camping and providing sanitary and hygiene facilities on approximately 28 acres of city owned property behind Walmart (formerly called the Southwest Park.) Camping is not permitted on other City owned property, but there has been no guidance to staff on what to do if that occurs. In September, the City adopted a framework for addressing the permitted and unpermitted encampments using a color -coded matrix to differentiate between actively managed locations such as Stewart Park and less actively managed locations such as the area behind Home Depot. The Chart provides protocols, focusing on coordinating with outreach workers to get people to shelters or authorized areas and giving warnings to people found in unpermitted locations that they need to move and that materials or items found there will be removed. Mr. Howe stated that the Town has received comments from residents concerned with encampments in and around the bridge at Rte 13 and Floral Ave and the City's program is something we should pay attention to as it may cause unintended consequences of spill over into the Town, but we do have our own policy that does not permit camping on Town land. 3. Consider award of: a. Troy/Coddington Rd Generator Project Mr. Thaete noted that this was affected by supply issues associated with Covid and has been in the works for a few years. He added that the Town has worked with Vacri Construction many time and the bid was a good price. TB Resolution 2024 -014: Authorization to award and execute contract for the Town of Ithaca Coddington/Troy Road Pump Station Backup Generator Project Whereas on January 12, 2024, the Town of Ithaca Director of Engineering (Director) received bids for the Town of Ithaca Coddington/Troy Road Pump Station Backup Generator Project (Improvement), for the installation of two (2) backup generators (one next to an existing Town of TB 2024-01-22 (Filed 2/1) Pg. 2 Ithaca water pump station at 514 Coddington Road, and one next to an existing Town of Ithaca water pump station at 156 Troy Road) and associated automatic transfer switches as well as other ancillary and incidental improvements and expenses in connection therewith, and Whereas the Director has reviewed the bids and qualifications of the bidders and has determined that the lowest responsive bid of $108,000.00 for the project was made by the lowest responsive bidder, Vacri Construction Corporation, One Brick Avenue, Binghamton, NY 1.3901 and Whereas at their meeting on November 28, 2022, the Town Board adopted a Public Interest Order (TB 2022-176) establishing the Improvement and authorizing a maximum amount of $250,000.00 to be expended on this Improvement, now therefore be it Resolved that the Town Board authorizes the Town Supervisor to award and execute the contract for the Town of Ithaca Coddington/Troy Road Pump Station Backup Generator project to Vacri Construction Corporation, subject to final approval by the Director and review by the Attorney for the Town, and be it further Resolved that the Director is authorized to approve change orders to the contract, without further authorization of this Board, provided that the maximum amount of such change orders does not exceed $22,000.00 in aggregate and the total project cost, including the contract, engineering, legal and other expenses, does not exceed the maximum authorized cost of the project of $250,000.00 Moved: Rich DePaolo Seconded: Rod Howe Vote: ayes- Howe, DePaolo, Bleiwas, Levine, Johnson, Gutenberger & Rosen b. PWF Mechanical, Electrical, Plumbing (MEP), & Structural Design Project Mr. Thaete stated that this project will address ongoing issues at the Public Works Facility including increasing water pressure washing system and hot water supply, a failing trench drain and garage bay ventilation which were not addressed during the renovation a few years ago. TB Resolution 2024 -015: Authorization for the Town Supervisor to sign a contract with C & S Engineers, Inc. for Professional Services for the Mechanical, Electrical, and Plumbing (MEP) and Structural Detailed Construction Drawinds) Preparation for the Public Works Facility Whereas, the Town wishes to have detailed construction drawings, specifications, and construction contract documents for the replacement and/or improvement of various MEP components and repair of a damaged concrete garage floor slab at the Town of Ithaca Public Works Facility (Project) created; and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 61.7, it has been determined by the Town Board that approval, design, construction and implementation of said Project is a Type II Action because the Action constitutes "replacement, rehabilitation or reconstruction of a structure or TB 2024-01-22 (Filed 2/1) Pg. 3 facility, in kind, on the same site," and thus the Project is not subject to review under SEQRA; and Whereas, the Director of Engineering has reviewed the proposal submitted by C & S Engineers, Inc. for said services, dated January 12, 2024, for a lump sum fee of One Hundred and Sixteen Thousand One Hundred Seventy Dollars and Thirty Three Cents ($116,170.33), and recommended its approval by the Town Board; now therefore be it Resolved that the Director of Engineering is authorized a contingency for approval of contract amendments to said contract, with an aggregate increase in fee not to exceed Five Thousand Dollars and Zero Cents ($5,000), upon receipt of appropriate justification, and be it further Resolved, that the Town Board authorizes the award and execution by the Supervisor of a contract for the services with C & S Engineers, Inc., 499 Col. Eileen Collins Blvd., Syracuse, NY 13212, subject to approval of the contract documents by the Director of Engineering and review by the Attorney for the Town. Moved: Rob Rosen Seconded: Pamela Bleiwas Vote: ayes — Howe, DePaolo, Bleiwas, Levine, Johnson, Gutenberger & Rosen 4. Consider approval of sewer exemption requests 339/341 Stone Quarry Rd: Mr. Thaete stated that these two properties are owned by the same person and the system will be located 339 Stone Quarry for use by 342 Stone Quarry Rd to take advantage of gravity and the Health Dept has approved it. An owner cannot grant themselves an easement between two parcels they own, so, the exemption includes a stipulation requiring the granting of an easement at the time of sale or transfer of either property. a. 339 Stone Quarry Rd TB Resolution 2024 -016: Authorization for the Town Engineer to issue a Sewer Exemption for 339 Stone Quarry Road (TMP# 39. 1-30) Whereas the Town Engineer received a request for a Sewer Exemption from the owner(s) of 339 Stone Quarry Rd indicating there is no access to town sewer and identifying the difficulties associated with connecting to municipal sewer due to the nearest sewer main(s) being approximately 1650+/- feet away, which would require a main extension at an estimated cost of $412,500, and Whereas the current owners are replacing an existing septic system that has failed on the property and the Tompkins County Health Department will design and approve a septic system for the existing home, now therefore be it Resolved, pursuant to Town Code Section 21.4-6, the Town Board finds the applicant has shown unusual and extreme practical difficulties in connecting to municipal sewer for the reasons TB 2024-01-22 (Filed 2/1) Pg. 4 conveyed by town staff and the reasons detailed in the request for a sewer exemption submitted to the Town Engineer, dated January 15, 2024, and be it further Resolved, that the Town Board authorizes the Town Engineer to issue an exemption from Town Code Section 21.4-5 (Connection required), for 339 Stone Quarry Road (TMP#39.-1-30), for the installation of a new, onsite wastewater treatment system associated with the existing single- family residence, subject to the consent of the Tompkins County Health Department, and be it further Resolved, that any sale of the property or change in ownership shall require an easement, between 339 Stone Quarry Road (TMP#39.-1-30) and 341 Stone Quarry Road (TMP#39.-1-29) for the operation and maintenance of the septic system, to be recorded with the Tompkins County Clerk's Office. Moved: Rob Rosen Seconded: Susie Gutenberger Vote: ayes- Howe, DePaolo, Bleiwas, Levine, Johnson, Gutenberger & Rosen b. 341 Stone Quarry Rd TB Resolution 2024 - 017: Authorization for the Town Engineer to issue a Sewer Exemption for 341 Stone Quarry Road (TMP#39.-1-29) Whereas the Town Engineer received a request for a Sewer Exemption from the owner(s) of 341 Stone Quarry Rd indicating there is no access to town sewer and identifying the difficulties associated with connecting to municipal sewer due to the nearest sewer main(s) being approximately 1650+/- feet away, which would require a main extension at an estimated cost of $412,500, and Whereas the current owners are replacing an existing septic system that has failed on the property and the Tompkins County Health Department will design and approve a septic system for the existing home, now therefore be it Resolved, pursuant to Town Code Section 21.4-6, the Town Board finds the applicant has shown unusual and extreme practical difficulties in connecting to municipal sewer for the reasons conveyed by town staff and the reasons detailed in the request for a sewer exemption submitted to the Town Engineer, dated January 15, 2024, and be it further Resolved, that the Town Board authorizes the Town Engineer to issue an exemption from Town Code Section 21.4-5 (Connection required), for 341 Stone Quarry Road (TMP#39.-1-29), for the installation of a new, onsite wastewater treatment system associated with the existing single- family residence, subject to the consent of the Tompkins County Health Department, and be it further Resolved, that any sale of the property or change in ownership shall require an easement, between 339 Stone Quarry Road (TMP#39.-1-30) and 341 Stone Quarry Road (TMP#39.-1-29) TB 2024-01-22 (Filed 2/1) Pg. 5 for the operation and maintenance of the septic system, to be recorded with the Tompkins County Clerk's Office. Moved: Susie Gutenberger Seconded: Eric Levine Vote: ayes- Howe, DePaolo, Bleiwas, Levine, Johnson, Gutenberger & Rosen 5. Committee Reports a. Budget — Meeting on February 12th b. Codes & Ordinances -- Mr. Rosen reported they are working on the subdivision regulations and adopted a work plan for the year to look at a few other items in addition to the subdivision regulations. Personnel and Organization/ERCMs. Bleiwas reported they discussed the Health Consortium Agreement and recommended the Board approve changes without having to go to the full board; began reviewing a request for a stipend for COC members and Rob will attend the next meeting to provide additional information. d. Planning — Mr. DePaolo reported they received an update on cannabis regulation at the State level and working on how to be proactive and ready to deal with requests. He noted that we have received two applications already, one of which is more likely to be approved, but there are still steps the State has to finalize before we can proceed; also looked at conservation easement appraisals for two properties on West Hill in the Hayts/Bundy area. There are questions about the way comparables were used and how they use proximity to sewer and water in their evaluation formulas and development density. Public Works Mr. Howe reported they had and update from Mike Smith on the Babcock Trail site enhancement project bid results which is slated to be awarded at the February 12th meeting; Joe Slater is working on updating our snow and ice policy; we had a presentation on the new Asset Management Platform kickoff. Introduced to the idea of a Site Design and Development Criteria Manual, which would make things more transparent for developers regarding our expectations on a broad range of items as they go through designing their projects. This will most likely be contract out for development in the future. f. Economic Development — Mr. Howe reported that they will be meeting in March to being looking at projects and proposals that have been happening in the Inlet Valley and looking at the potential cannabis businesses and more. g. Parks, Trails, Preserves & Recreation — Mr. Howe reported that Mike Smith and Joe Talbut are finalizing the updates to the Parks Trails and Preserve Plan with a goal review by this fall. TB 2024-01-22 (Filed 2/1) Pg. 6 A Black Diamond Trail Summit lead by the New York State Parks and hosted here at Town Hall on the I Ph and attended by representatives from the Town of Ulysses, Village of Trumansburg, and the County Tourism Board. They discussed ideas for connecting the South part of Treman Park to Buttermilk Falls and into the Village and the South Hill Trail Extension feasibility grant that is on hold until the draft easement with NYSEG is finalized. h. Cayuga Lake Watershed Intermunicipal Organization — Ms. Johnson reported that the new Watershed Manager and CWIO have been very active in advocating with the Governor for an environmental review of Cargill mining activities due to the potential sale and permit requests. 6. Consent Agenda TB Resolution 2024 — 018: Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Minutes b. Approval of Town of Ithaca Abstract c. Approval of Appointment to ZBA — Ritter as regular member d. Recommendation to the City of Ithaca - Joint Youth Commission — DeGrass e. Approval of Engagement Letter/Legal Services for IAWWTF - Brock f. Approval of Budget Amendments g. Approval of setting a public hearing regarding a proposed local law to amend Town of Ithaca Code, Chapter 239, Taxation to update income tables for certain exemptions. Moved: Eric Levine Seconded: Pamela Bleiwas Vote: ayes- Howe, DePaolo, Bleiwas, Levine, Johnson, Gutenberger & Rosen TB Resolution 2024 - 018a: Approval of Town Board Minutes Resolved that the draft minutes of January 8, 2024, are adopted as final with any non -substantive changes made. TB Resolution 2024 - 018b: Town of Ithaca Abstract No. 2 for FY-2024 Resolved that the Town Board authorizes the payment of the audited vouchers in total for the amounts indicated: VOUCHER NOS. 2023 11.98 - 1221 2024 11 - 31 General Fund Town Wide 76,776.93 TB 2024-01-22 (Filed 2/1) Pg. 7 General Fund Part -Town 3,257.07 Highway Fund Town Wide DA 5,771.65 Highway Fund Part Town DB 13,347.10 Water Fund 38,244.10 Sewer Fund 12,712.87 TOTAL 150,109.72 TB Resolution 2024 -018c: Appointment of Zoning Board of Appeals Member Whereas there is a vacant Zoning Board of Appeals Member position due to a resignation and Kimberly Ritter has been an Alternate member since February 13, 2023; now, therefore, be it Resolved that the Town Board hereby appoints Kimberly Ritter as a Regular Zoning Board Member filling out a term ending December 31, 2027. TB Resolution 2024-01.8d: Appointment of Town of Ithaca Resident Representative to the Joint Youth Commission Resolved that the Town Board recommends that Erika Dagress be appointed as the Town of Ithaca Resident Representative to the Joint Youth Commission, for a term ending December 31, 2025. TB Resolution 2024 -018e: Approval of contract with Susan Brock for Legal Services associated with the IAWWTF Resolved that the Town Board approves the contract, as submitted, for legal services provided by Susan Brock for the IAWWTF. TB Resolution 2024 —018f: Approval of Budget Transfers, Amendments and Modifications for 2023. Whereas, the Town Finance Officer has reviewed all budgetary revenue and appropriation accounts, and Whereas, this review disclosed certain budgetary revenues and expenditures requiring transfers, amendments or modifications summarized below: General Town -wide Fund Budget Transfers Account Description From To •1.11.0.412 Law Library & Publications 300 Al 110.400 Contractual 300 A1316.100 Regular 100 A 1316.400 Contractual 100 A1340.400 Contractual 200 TB 2024-01-22 (Filed 2/1) Pg. 8 A 1330.400 Contractual 200 A1460.100 Regular 8,200 A 1460.400 Contractual 1,800 A1.420.402 Legal Services 10,000 A1440.450 Petroleum Products 1,831 A 1460.400 Contractual 1,200 A1620.449 Furniture & Furnishings 3,031 A] 670.400 Contractual 100 A1660.404 General Office Supplies 100 A1670.400 Contractual 100 A]670.405 Copier Paper 100 A1680.415 Telephone 1,308 A 1680.400 Contractual 1,308 A1680.415 Telephone 130 A1.680.100 Personal Service 130 A5132.100 Regular 3,700 A5132.101 Public Works Dept 3,700 A711.0.101 Regular — Public Works Dept 2,550 A7110.100 Regular 2,550 A711.0.101 Regular — Public Works Dept 1,700 A7110.102 Overtime 1,700 A711.0.458 Parks & Grounds Improvements 1,500 A711.0.459 Tools & Equipment 1,500 A9040.800 Workers Compensation 770 A9045.800 Life Insurance 770 A9040.800 Workers Compensation 250 A9055.800 Disability Insurance 250 General Part Town Fund Budtet Transfers Account Description From To B 1990.499 Contingency Account 342 B1320.401 Auditing Services 342 B 1990.499 Contingency Account 200 B 1660.404 General Office Supplies 200 B 1990.499 Contingency Account 100 B 1670.405 Copier Paper 100 B8010.100 Regular 3,000 B8020.120 Sustainability Planner 3,000 B8020.431 Conservation Board 2,640 B8020.432 Conservation Board Stipend 2,640 B9060.800 Group Health Insurance 10,967 B901.0.800 NYS Retirement 10,967 B9060.800 Group Health Insurance 220 B9045.800 Life Insurance 220 TB 2024-01-22 (Filed 2/1) Pg. 9 B9060.800 Group Health Insurance 60 B9055.800 Disability Insurance 60 Highway Fund Buftet Transfers Account Description From To DA1910.439 Liability Insurance 500 DA5130.451 Vehicle Maintenance & Repairs 500 DA9060.800 Group Health Insurance 800 DA9010.800 NYS Retirement 800 DA9060.800 Group Health Insurance 20 DA9055.800 Disability Insurance 20 Highway Part -Town Fund Buftet Transfers Account Description From To DB 1680.492 Software 1,000 DB 1680.491 Hardware & Equipment 1,000 DB 1680.492 Software 100 DB 1680.497 Tools & Supplies 100 DB5112.400 Contractual 33,300 DB5110.100 Regular 33,300 DB5112.400 Contractual 3,400 DB51 10. 101 Deputy Highway Superintendent 3,400 DB5112.400 Contractual 4,210 DB5110.102 Overtime 4,210 DB5112.400 Contractual 750 DB5112.100 Regular 750 DB5112.400 Contractual 5,336 DB5130.100 Regular 5,336 DB5130.278 Specialty Equipment 3,000 DB5130.451 Vehicle Maintenance & Repairs 3,000 DB5130.450 Oil, Grease and Fluids 1,200 DB5130.459 Tools & Equipment 1,200 DB5140.100 Regular 16,200 DB5140.110 Regular Benefit Time 16,200 DB9060.800 Group Health Insurance 1,446 DB9010.800 NYS Retirement 1,446 DB9060.800 Group Health Insurance 14,500 DB9030.800 Social Security 14,500 DB9060.800 Group Health Insurance 233 DB9040.800 Workers Compensation 233 DB9060.800 Group Health Insurance 100 DB9045.800 Life Insurance 100 TB 2024-01-22 (Filed 2/1) Pg. 10 Water Fund Budget Transfers Account Description From To F1380.400 Contractual 3,500 F1650.415 Telephone System 3,500 F1380.400 Contractual 500 F1670.437 Xerox Printers/Copiers 500 F1380.400 Contractual 5,000 F831.0.100 Regular 5,000 F1380.400 Contractual 25,300 F8340.101 Labor 25,300 F1380.400 Contractual 8,034 F8340.102 Overtime 8,034 F8340.420 Dues & Publications 120 F8340.416 Cell Phone Reimbursement 120 F8340.450 Petroleum Products 3,1.00 F8340.475 Water Tank Maintenance 3,100 F1990.499 Contingency Account 2,200 F8350.475 Water Services Exchange 2,200 F9010.800 Retirement 2,136 F9060.800 Group Health Insurance 2,1.36 F9050.800 Unemployment Insurance 222 F9045.800 Life Insurance 222 F9050.800 Unemployment Insurance 20 F9055.800 Disability Insurance 20 Sewer Fund Budtet Transfers Account Description From To G8120.450 Petroleum Products 6,500 G1650.415 Telephone System 6,500 G8120.470 Repairs & Maintenance 3,000 G8120.451 Vehicle Maintenance 3,000 G1990.499 Contingency Account 870 G1670.437 Xerox Printers/Copiers 870 G1990.499 Contingency Account 1,705 G1910.439 Liability Insurance 1,705 G8120.440 Personal Protective Equipment 200 G8120.447 Electricity 200 G9010.800 NYS Retirement 220 G9045.800 Life Insurance 220 G9010.800 NYS Retirement 20 G9055.800 Disability Insurance 20 TB 2024-01-22 (Filed 2/1) Pg. 11 Now, therefiore, be it Resolved, that this "Town Board authorizes and directs the Town Finance Officer to record all budget transfers, amendments, and modifications, including all other changes deemed appropriate and necessary. TB Resolution 2024 -018g: Set a public hearing regarding a proposed local law, to amend Town of Ithaca Code, Chapter 239,Taxation to update income tables for certain exemptions Resolved that the Town Board will hold a public hearing at their meeting held on Monday, February 12, 2024 at Town Hall, which begins at 5:30 p.m., regarding a proposed local law to amend 1 1 own of Ithaca Code, (1,hapter 239, Taxation to update incorne tables for certain exemptions. 7. Reports from Town Officials Mr, Howe reported he met with Piere St. Perez and Clyde Leadennan who are new City Council Members and the representatives ftorn City to the'rown Board. "rhey both stated that they intend to come somewhat regularly to,rown meetings. The County has received a grant that will cover a significant portion of the start-up costs for the County wide Medical Response Program. NextTuesday there will be aTompkins County Code Study Forum. Mr. Howe and Mr. DePaolo Met With the new, Mayor Robert Cantelino, and new City Manager Deb Mullenhoff arid reminded them about the fire contract, expiring at the end of the year and they talked aboutthe possibility of'creating a task ]farce to look at sharing some services, Executive Session Motions made at 5:1 8p.nn. by Ms. Bleiwas to enter exeCLItiVC session to discuss current litigation, Bensel vs Town, seconded by Ms. Gutenberger, unanittious. Motion oracle at 5:41p.m. by Ms. Johnson to leave executive session and adjourn the meeting, seconded by Ms. Gutenberger; unarinnous. I Ashley Colbert, 3eputy ToNN,n Clerk TB 2024-01-22 (Filed 2/1) Pg. 12