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HomeMy WebLinkAboutTB Minutes 2024-02-12MEETING OF THE ITHACA TOWN BOARD February 12, 2024 This meeting will also be on ZOOM (ID 98910958241) and YouTube Link for your convenience. - HN-ON - 1. Call to Order and Pledge of Allegiance 2. Persons to be Heard 3. Public hearing regarding a local law amending Town of Ithaca Code Chapter 239, Taxation, to update income tables for certain exemptions a. Consider adoption 4. Presentation of the Forest Home Road Signage Study 5. Approval of, and future amendments to, the 2024 Municipal Cooperative Agreement for the GTCMHIC (Health Consortium) 6. Consider authorizing expenditure from the 2020 A Bond Payment Reserve Fund — PWF Expansion Project 7. Consider approval of award of the Garage Door Opener Replacement Services, subject to Permissive Referendum 8. Consider Consent Agenda a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Approve appointment of Senior Code Officer — Magnuson e. Ratify appointment of Distribution Operator — BP f. Ratify appointment of Water Treatment Plant Operator — BP g. Ratify appointment of GIS/IT Specialist — BP h. Ratify appointment of Deputy Town Clerk — PT — Moll 9. Report of Town Officials, Committees, and review of Correspondence a. AOT Resolutions Adjournment MEETING OF THE ITHACA TOWN BOARD February 12, 2024 Minutes Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Pamela Bleiwas, Rob Rosen, and Susie Gutenberger Absent: Margaret Johnson Staff Present: Susan Brock, Attorney for the Town; Judy Drake, Director of Human Resources; Marty Moseley, Director of Code Enforcement; CJ Randall, Director of Planning; Paulette Rosa, Town Clerk; Donna Shaw, Director of Finance; Joe Slater, Director of Public Works; and Dan Thaete, Director of Engineering 1. Call to Order and Pledge of Allegiance — 5:30 p.m. Pierre Saint -Perez, Yd Ward City Councilperson spoke, saying that he is a strong believer in communication between the Town and the City. He reported that the City will be transitioning to committees of the whole and dissolving the existing committees which will mean that the Council as a whole will begin meeting three times a month. The City is offering incentives for lateral transfers for officers to the Ithaca Police Department and sewer rates were increased to match what was in the projections in last year's budget. There were no questions and Mr. Howe thanked him for coming. 2. Persons to be Heard Dina Maxwell spoke to the Forest Home Road Signage study saying that she lives on Muriel St and she was traveling on. Hanshaw Rd and saw a double -trailer road head down Warren Rd and she honked and waved and eventually stopped her car in front of him and explained that there was no way he was going to make the turn on Forest Home Rd. He turned into the golf course, and when I returned that way, he was still there, obviously with no idea how he was going to get to where he was supposed to go. I stopped and told him how to go, but then when I saw this agenda item, I wanted to make sure the Board understood that this really needs to be done sooner rather than later. Bruce Brittain spoke, saying that he appreciates the Board trying to address the truck issue in Forest Home. The report has three recommendations; one is to establish and sign a vehicular length limit on Forest Home Drive between Warren and Caldwell, which is the S Curve by the chapel and while he strongly supported that, he also felt it really should be expanded to cover all of Forest Home weight restricted zone. The second recommendation is to expand the limits of the existing weight restricted zone and he was strongly opposed to that, saying it is well intention, but it would backfire because Forest Home is tightly surrounded by Cornell and if you expand the boundaries to include Cornell TB 2024-02-12 (Filed 2/16) Pg. 1 delivery addresses, it would allow large trucks headed to campus to come through Forest Home, which they cannot do right now. The recommendation is to extend the zone to Forest Home Dr east to 366 at Varna and that would have the effect that, for example, when Cornell dredges gravel at the water inlet dam, those trucks could then go through Forest Home. Extending Forest Home Dr west to the Triphammer Rd bridge, as recommended, then you get loading docks for the chilled water plant and more. For example, a truck going to the chilled water plant coming in on Rte. 366 could get off at Varna and follow Forest Home Dr through Forest Home to drop off then turn around and make the same trip back and that would become legal, right not they can't do that, but if you add these loading docks, that will become legal. The third recommendation is to establish official truck routes in the town. This is a huge can of worms because if you designate a truck route, that means all trucks are automatically barred from using any other roads in the town. That is a huge hammer to use for addressing trucks through Forest Home, so you really don't want to do that. He summarized, saying that the length limit is good, for the S curve and probably for all of Forest Home; do not expand the weight limit zone; and don't deal with truck routes. Caroline Arms spoke, saying that she lives at the intersection of Pleasant Grove Rd and Forest Home Dr at the downstream bridge and she had sent in written comments (Attachment 1) that extending the weight limit zone has a lot of problems, except possibly up Warren Rd and Pleasant Grove Rd. She said that David, a Forest Home resident, has worked very hard keeping the trucks that service Cornel on a regular basis out of Forest Home and the extensions that bring in the loading docks would be a disaster. She felt the vehicle length limits were welcomed, but she had concerns regarding the sight -lines for the signs, sign placement and reflectivity and getting gps systems to acknowledge and list the limits and restrictions for users. Mr. Howe thanked the public and closed the agenda item. 3. Public hearing regarding a local law amending Town of Ithaca Code Chapter 239, Taxation, to update income tables for certain exemptions Mr. Howe opened the public hearing and explained that we have established these exemptions in the past and this is updating the income tables and we are following the County's levels. Michael Hayes spoke, saying he was in favor of this change, and it will help him and his wife, and he appreciated the Board's support for change. TB 2024-02-12 (Filed 2/16) Pg. 2 There was no one else wishing to speak and the hearing was closed. Mr. DePaolo asked why there is an age or disability attached to this and not simply an income - based exemption. Mr. Howe stated that we have passed separate legislation that covers low-income in the past. TB Resolution 2024 - 019: Adoption of Local Law of 2024. entitled "A Local Law amending Town of Ithaca Code Chapter 239, Taxation, regarding exemptions for Senior Citizens and Certain Disabled Persons with Limited Income Whereas the Ithaca Town Board reviewed the proposed local law entitled "A Local Law Amending Town of Ithaca Code Chapter 239, Taxation, regarding Exemptions for Senior Citizens and Certain Disabled Persons with Limited Income" and held a duly scheduled and publicized public hearing at its meeting on February 12, 2024, at which time all persons wishing toaddress the Board on the proposed local law were heard, and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of the proposed local law is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus not subject to review under SEQRA; now, therefore, be it Resolved, that the Ithaca Town Board adopts Local Law of 2024 entitled "A Local Law amending Town of Ithaca Code Chapter 239, Taxation, regarding exemptions for Senior Citizens and Certain Disabled Persons with Limited Income." Moved: Eric Levine Seconded: Susie Gutenberger Vote: ayes- Howe, DePaolo, Bleiwas, Levine, Gutenberger & Rosen 4. Presentation of the Forest Home Road Signage Study (Attachment 2) Mr. Howe noted that this has been presented to the Public Works Committee and now we need the full board to weigh in on how to proceed. The initial thought is to move in phases. Mr. Slater added that he has talked with the Sheriff about the signs, and the Highway Superintendent of Dryden and the City's Director of Public Works and their engineers to see if they have any concerns and they are all willing to support our efforts for any of these options. Alex Kerr from Barton and Loguidice went through the Study memo outlining the goals and describing the information shown in the maps. TB 2024-02-12 (Filed 2/16) Pg. 3 Of special concern was the S curve between Caldwell Rd and Warren Rd and develop approaches for restrictions by length and signage packages to implement those restrictions in conjunction with existing weight limitations and current local laws. There are 7 concise packages in the memo with justifications for restricting heavy vehicles using the technical, standardized classifications in Highway Engineering. Anything beyond class four is going to be considered your heavy vehicles, basically anything larger than your single unit UPS or FedEx truck, that would fall under the restrictions we are proposing to implement. The other goal is to provide information on alternate routes to allow deliveries to the places that need them under the proposed weight and length restrictions. The restrictions would need to be expanded to Hanshaw Rd and Rte. 366. Advance signage is key; move the trucks away from Forest Home long before they get there. As to the weight restrictions, there are pick-up trucks that are rated for more than 5 tons and so then you would be restricting all of your larger mail carrier type deliveries and we do want to allow local deliveries. With all the proposed restrictions and proposed laws, it is very important to focus on signage and enforcement, which are really two separate issues. Ultimately, the goal is to find a solution that works best for the community while recognizing there is a need for heavy vehicles delivering to Cornell and other major locations in the area. There is also the matter of recognizing municipal boundaries and the expanded stakeholders if the restrictions and routing of trucks brings them through other areas that don't want them there or are not made for such traffic also. Mr. Howe said this is a lot to absorb, but we wanted to start sharing this to the full group and get feedback. The signage seems pretty straightforward, but extending the limits needs more discussion and drafting of legislation. Mr. Levine asked about Mr. Britain's' concerns regarding issues with allowing local deliveries. Mr. Kerr responded that that is part of the enforcement issues and establishing the limited areas specifically near or around the eastern boundaries up to the Equine Center. The extensions need to be discussed much more. Mr. DePaolo said he didn't understand how this is going to change the deliveries happening right now that are an issue. Has there been any modeling to quantify what is through traffic as opposed to local delivery traffic? Mr. Slater said he is not aware of any studies or reports with that type of detailed information. TB 2024-02-12 (Filed 2/16) Pg. 4 Discussion followed, and one aspect is the signage would probably deter those that are not familiar with the area from cutting through. Mr. Slater will look for any type of studies that have been done, and in particular, there might be some for Pleasant Grove area, but we can work to establish some type of baseline. The Board seemed in favor of moving forward with the vehicle by length restrictions and associated signage component and see what happens. Mr. Thaete asked if the restrictions by weight are lifted for local deliveries but not the length restricted zone so some of the concerns expressed don't play out as the length restriction is not lifted. Mr. Howe stated that this will go back to the Public Works Committee for further discussion. 5. Approval of, and future amendments to, the 2024 Municipal Cooperative Agreement for the GTCMHIC (Health Consortium) Mr. Howe noted that this amendment adds municipalities participating in the Consortium. TB Resolution 2024 - 020: Approval of the 2024 Amendments to the Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium (GTCMHIC) Whereas, the Town of Ithaca is a Participant in the Greater Tompkins County Municipal Health Insurance Consortium (the "Consortium"), a municipal cooperative organized under Article 47 of the New York Insurance Law, and Whereas, the municipal participants in the Consortium, including this body, have approved and executed a certain Municipal Cooperation Agreement (the "Agreement"; effective date of October 1, 2010), and Whereas, Article 47 of the New York Insurance Law (the "Insurance Law") and the rules and regulations of the New York State Department of Financial Services set forth certain requirements for governance of municipal cooperatives that offer self -insured municipal cooperative health insurance plans that requires any amendments or restatements thereto, shall be subject to Board review and upon acceptance of any new Participant hereafter, and Whereas, the Municipal Cooperative Agreement requires that amendments to the agreement be presented to each participant for review and adopted by a majority vote by its municipal board, and Whereas, the Town of Ithaca is in receipt of the proposed amended Agreement and has determined that it is in the best interest of its constituents who are served by the Consortium to amend the Agreement as set forth in the Amended Municipal Cooperative Agreement, now therefore be it TB 2024-02-12 (Filed 2/16) Pg. 5 Resolved, that upon receipt and review of the amended Agreement, the Town of Ithaca approves and authorizes the Town Supervisor to sign the 2024 Amendment to the Municipal Cooperative Agreement of the Greater Tompkins County Municipal Health Insurance Consortium as recommended by the GTCMHIC's Board of Directors. Moved: Pamela Bleiwas Seconded: Susie Gutenberger Vote: ayes — Bleiwas, Gutenberger, Howe, DePaolo, Levine and Rosen 6. Consider authorizing expenditure from the 2020 A Bond Payment Reserve Fund — PWF Expansion Project TB Resolution 2024 - 021: Authorizing the Expenditure of $104,700.10 from the Town of Ithaca Public Works Facility Office Expansion — 2020-A Bond Payment Reserve Fund Whereas, by Resolution 2023-157 adopted on September 25, 2023, the Town Board established the Public Works Facility Office Expansion — 2020-A Bond Payment Reserve Fund (the "Reserve Fund") to accumulate money to pay the principal and interest related to the Town's Public Works Facility Office Expansion project (the "Project") included in the Series 2020-A Bond Issue, and Whereas, pursuant to General Municipal Law § 6-h, expenditures from such Reserve Fund may be made only with the approval of the Town Board, and Whereas, the total of 2024 principal and interest payments under the Series 2020-A Bond Issue for the Project is One Hundred Four Thousand Seven Hundred Dollars and Ten Cents ($104,700.10), now, therefore be it Resolved, that the Town Board authorizes the expenditure of One Hundred Four Thousand Seven Hundred Dollars and Ten Cents ($104,700.10) from the Town of Ithaca Public Works Facility Office Expansion — 2020-A Bond Payment Reserve Fund for the payment of said 2024 principal and interest for the Project. Moved: Rod Howe Seconded: Eric Levine Vote: ayes- Howe, DePaolo, Bleiwas, Levine, Gutenberger & Rosen 7. Consider approval of award of the Garage Door Opener Replacement Services, subject to Permissive Referendum Mr. Howe noted that this was awarded last month but the contractor could not fulfil the terms and this awards the contract to the next lowest proposal. TB Resolution 2024 -022: Rescind TB Resolution 2023-186 and Authorization to award and execute agreement for Garage Door Opener Replacement Services, Subject to Permissive Referendum TB 2024-02-12 (Filed 2/16) Pg. 6 Whereas on. November 22, 2023, the Town of Ithaca Director of Public Works (Director) received proposals for the Garage Door Opener Replacement Services for the replacement of 7 commercial jackshaft garage door openers due to the existing openers being near their end of life and safety features are no longer operational; and Whereas pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that approval, construction and implementation of the Garage Door Opener Replacement Services is a Type 1I Action because the Action constitutes "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site," and thus the Project is not subject to review under SEQRA; and Whereas the Director previously reviewed the proposals and determined that the lowest, qualified contractor's proposal of Twenty -Three Thousand Six Hundred Forty -Four Dollars and Zero Cents ($23,644.00) for the work was made by Martin's Door Service LLC, 1116 Route 5 & 20 Geneva NY 14456; and Whereas Martin's Door Service could not provide satisfactory insurance to fulfill the terms of the agreements; and Whereas the subsequent lowest, qualified contractor's proposal of Twenty -Nine Thousand Eight Hundred Fifty -Five Dollars and Zero Cents ($29,855.00) for the work was made by Genson Overhead Door Inc., 11710 State Rte. 90 Locke, NY 13092, and Whereas the Director is authorized to approve change orders without further authorization from this Board, provided that the Director receives appropriate justification, and the maximum amount of such change orders does not exceed $5,000 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 $34,855.00, now therefore be it Resolved that the Town Board rescinds TB Resolution 2023-186 which authorized the Town Supervisor to award and execute the agreement for the Garage Door Opener Replacement Services to Martin's Door Service LLC, and be it further Resolved that the Town Board authorizes the Town Supervisor to award and execute an agreement for the Garage Door Opener Replacement Services to Genson Overhead Door Inc., with a cost not to exceed Thirty -Four Thousand Eight Hundred Fifty -Five Dollars and Zero Cents ($34,855), and subject to a permissive referendum pursuant to the provisions of Town Law §220(2); and be it further Resolved, that pursuant to Town Law §90 and §91, within ten (10) days from the date of this resolution, the Town Clerk, in the same manner as provided for notice of a special election, shall post and publish a notice which shall set forth the date of adoption of this resolution, shall contain such resolution or an abstract of such resolution concisely setting forth the purpose and effect thereof, shall specify that this resolution was adopted subject to a permissive referendum; and shall publish such notice in the Ithaca Journal, a newspaper published in Tompkins County TB 2024-02-12 (Filed 2/16) Pg. 7 having general circulation in the Town, and in addition thereto that the Town Clerk shall post or cause to be posted on the sign -board of the Town, a copy of such notice within ten (10) days after the date of adoption of this resolution. Moved: Rob Rosen Seconded: Rich DePaolo Vote: ayes- Howe, DePaolo, Bleiwas, Levine, Gutenberger & Rosen 8. Consider Consent Agenda TB Resolution 2024 — 023: 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 Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Approve appointment of Senior Code Officer — Magnuson e. Ratify appointment of Distribution Operator — BP f. Ratify appointment of Water Treatment Plant Operator — BP g. Ratify appointment of GIS/IT Specialist — BP h. Ratify appointment of Deputy Town Clerk — PT — Moll Moved: Rod Howe Seconded: Eric Levine Vote: ayes — Howe, DePaolo, Bleiwas, Levine, Gutenberger & Rosen TB Resolution 2024 - 023a: Approval of Town Board Minutes Resolved that the draft minutes of January 22, 2024, are adopted as final with any non - substantive changes made. TB Resolution 2024 - 023b: Town of Ithaca Abstract No. 3 for FY-2024 Resolved that the Town Board authorizes the payment of the audited vouchers in total for the amounts indicated: VOUCHER NOS. 2023 1222 - 1249 2024 32 — 116 General Fund Town Wide 156,711.29 General Fund Part -Town 24,037.1.2 Highway Fund Town Wide DA 6,462.03 Highway Fund Part Town DB 21,598.65 Water Fund 32,639.28 Sewer Fund 1,364,006.63 Capital Projects 7,055.00 TB 2024-02-12 (Filed 2/16) Pg. 8 Fire Protection. Fund 42,581.78 Trust and Agency 5,501.43 TOTAL 1,660,593.21. TB Resolution 2024 - 023c: Approval of Bolton Point Abstract Resolved that the Town Board approves the audited Bolton Point abstract as submitted and authorizes the following payments: Voucher Numbers: 7-57 Check Numbers: 21310-21.360 Capital Impr/Repl Project $ 675.00 Operating Fund $ 152,723.35 TOTAL $ 153,398.35 Less Prepaid $ 305.39 TOTAL $ 153,092.96 TB Resolution 2024 - 023d: Approve Provisional Promotional Appointment of Senior Code Enforcement Officer Whereas the 2024 Staffing Plan for Codes it was recommended to fill the vacant Senior Code Enforcement Officer position through internal promotions, which would then leave a Electrical/Code Enforcement Officer position vacant long term; and Whereas the Interview Committee interviewed the four eligible candidates for the position; and Whereas the Committee has determined that Dana Magnuson possesses the necessary knowledge and skills to satisfactorily perform the duties of the position; and Whereas Marty Moseley, Director of Code Enforcement, appointed Dana Magnuson as Senior Code Enforcement Officer, effective January 28, 2024; now, therefore be it Resolved the Town Board of the Town of Ithaca does hereby approve the provisional promotional appointment of Dana Magnuson as Senior Code Enforcement Officer, effective January 28, 2024; and be it further Resolved the position is at 40 hours per week, at the hourly wage of $40.55, which is an estimated annual salary of $83,344 from B8010.100, in Job Classification "F" Step 1, with full time benefits; and be it further Resolved the said appointment is a provisional appointment pending the results from the next civil service exam for this position; and be it further TB 2024-02-12 (Filed 2/16) Pg. 9 Resolved, a minimum eight (8) week probationary period applies with no further action by the Town Board if there is successful completion of the probationary period as determined by the Director of Code Enforcement. TB Resolution 2024 - 023e: Ratify Provisional Appointment of Distribution Operator at SCLIWC. Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on February 8, 2024, appointed John Tyler Fleming to a Distribution Operator position, retro-active to December 18, 2023; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC's appointment of John Tyler Fleming to a Distribution Operator position, retro-active to December 18, 2023, at the hourly wage of $29.80, in Job Classification 513, with full time benefits. TB Resolution 2024 - 023f: Ratify Provisional Appointment of Water Treatment Plant Operator Trainee at SCLIWC. Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on February 8, 2024, appointed Jacob Colbert to the Water Treatment Plant Operator Trainee position, retro-active to January 1.4, 2024; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC's appointment of Jacob Colbert to the Water Treatment Plant Operator Trainee position, retro-active to January 14, 2024, at the hourly wage of $25.35, in Job Classification 2, with full time benefits. TB Resolution 2024 - 023g: Ratify Provisional Appointment of Geographic Information Systems/ Information Technology Specialist (GIS/IT Specialist) at SCLIWC. Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on February 8, 2024, appointed Jacob Bolten to the title of Geographic Information Systems/ Information Technology Specialist (GIS/IT Specialist), effective, February 5, 2024; now, therefore be it Resolved, that the Town Board ratifies SCLIWC's appointment of Jacob Bolten to the title of Geographic Information Systems/ Information Technology Specialist (GIS/IT Specialist), effective, February 5, 2024, at the hourly wage of $30.90, in Job Classification 6, with full time benefits. TB Resolution 2024 - 023h: Ratification of Town Clerk's Appointment of a Deputy Town Clerk Whereas, there is a vacancy in the newly created for 2024 part time position of Deputy Town Clerk in the Town Clerk's Department; and Whereas, the Interview Committee that consisted of Paulette Rosa, Town Clerk and Judy Drake, Human Resources Manager interviewed seven candidates from the open recruitment; and TB 2024-02-12 (Filed 2/16) Pg. 10 Whereas, the Committee has determined that Monica Moll possesses the necessary knowledge and skills to satisfactorily perform the duties of the position and make the recommendation for appointment; now, therefore be it Whereas, Paulette Rosa, Town Clerk, appointed Monica Moll to a part-time Deputy Town Clerk position, effective February 5, 2024, now, therefore, be it Resolved, the Town Board acknowledges the appointment of Monica Moll as a Deputy Town Clerk by the Town Clerk, effective, February 5, 2024; and be it further Resolved, the said position is in job classification "B" at 25.0 hours a week, at the hourly wage of $28.29 (hire rate), estimated annual wage of $36,777, with part time benefits from account A1410.100; and be it further Resolved, a twenty-six (26) week probationary period applies with no further action by the Town Board if there is successful completion of the probationary period as determined by the Town Clerk. 9. Report of Town Officials, Committees, and review of Correspondence a. AOT Resolutions Mr. Howe noted that this is the last opportunity to discuss the proposed Association of Towns resolutions. Ms. Bleiwas stated that the Association opposes legislation that would require town justices to be lawyers. She stated that as an attorney who practiced in town court for years, you cannot get good justice if we don't have lawyers. When we had the opportunity to appoint a justice, we had that requirement. Criminal justice is very complicated and to expect a lay person to understand and administer justice without having any training or experience dealing with the types of cases is not realistic. Some town justices have no knowledge or experience in the legal field and are elected to the position. There is a "Judge Camp" for 1 week, but that is not adequate. Also, sometimes the people who are appointed or elected are law enforcement with a definite bias towards prosecution. Ms. Bleiwas said she believes the only fair way to have a town justice system is to require that the town justice be lawyers. These justices have the ability to put people in jail for up to two years. She felt the town should not support any resolution against the requirement for town justices to be lawyers. TB 2024-02-12 (Filed 2/16) Pg. 11 Mr. Rosen spoke, saying lie agreed with Ms. Bleiwas and the full board agreed to oppose the resolution. Executive Session. Motion made by Mr. L,evijie, seconded by Ms. Bleiwas to enter executive session to discuss current litigation Bensel & Sanders v the rown of Ithaca; unanimous. Motion made by Mr. Flowe, seconded by Ms. Bleiwas to reenter open session; unalUITIOUS. Added Action Item :111 RgIglUlion 2024 - �24: Aijilrojal pf the, �Jjaulajjgn ilt Settlemg1it aLld RgIcale regaiLding L SlInders & S fleMsell y, IplIn Uf Ithaca Whereas the Town began transitioning to LED street lighting in 2023, and Whereas Elizabeth Sanders and Seth Bensel, (Litigants), 161'lie Byway, began petitioning the Town regarding a light pole on their property and their wish that the light fixture not be changed to LED, and Whereas the Highway Superintendent, SUpervisor and Town Staff made ffilmer(ms attempts to address and allay the Litigants concerns, and Whereas the Litigants filed suit against, the Town, (Index # Ef,'2023-0195)ran March 24, 2023, regarding the issue, and Whereas the 'rown and the Litigants engaged in 3 sessions of mediation in January 2024 and settled the matter via the Stipulation of Settlement and Release as submitted and discussed by the Town Board at. it:s February 12, 2024, meeting, now therefore be it Resolved, that the IthacaTown Board hereby agrees to the terms of the Stipulation of" Settlement and Release as submitted and autborized the ToNvn Supervisor and involved Counsel to execute and file all necessary doCUMentation regarding same. Moved-. Pamela Bleiwas Seconded: Susie Gutenberger Vote: ayes - Bleiwas, Gutenberger, Howe, Levine, DePaolo and Rosen Meeting was adjourned at 6:38 p.m. Upon motion by Mr. Howe, seconded by Ms. Guteriberger, unanimous, Submitt P flette osa Town CIerk TB 2024-02-12 (Filed 2/16) Pg. 12 TOWN OF ITHACA 4JEEU 1, Ashley Colbert, being duly sworn, say that I am the Deputy 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 ,?nd the notice has been duly published in the official newspaper, Ithaca Journal: Regarding a Proposed Local Law Amending Chpt 239, Titled "Taxation", Regarding FOisabled Persons. Town Clerk's 6ffice 215 North Tioga Street Ithaca, NY 14850 Ashley Clert Deputy Town Clerk k"I #1 - February �024. IMUN EMILY PMGE BANWELL. NOTARY PUBUC-STAB" E OF NEW "CORK No01 BAS421112 Ouslif led in Tompkins County MYCOmmission Expires 08-30-202 5 Originally published on ithacajournal.com on 09/05/2024 wishing to address the Town Board on the draft local law will be heard; links to the draft and the meeting are available at www.town.ithaea.ny.us. Comments may be made via email prior to the meeting, or in person or via the ZOOM app. Ashley Colber-t, Deputy Town Clerk 2/5/24