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VILLAGE BOARD MEETING APRIL 11, 2016 · PLEDGE OF ALLEGIANCE Mayor Gary Mulvaney called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. Trustees Nancy McGuerty, Gary Fickeisen, Chris Fulton, and Anthony Peppe (entered 7:06 p.m.) were in attendance. Village Clerk Anne Riddell, Treasurer Susan Wade, Ray Dyer, III (Southern Cayuga County Cablevision), Village Attorney Charles Marangola, Attorney Thomas Blair, Code Enforcement Officer Fred Delaney, Thane Benson (VFW) and Officer In Charge Rob Brown were also present. · PUBLIC TO BE HEARD Mayor Gary Mulvaney asked if there was anyone present that wanted to speak that was not on the agenda. No one spoke. · PUBLIC HEARING – 2016-2017 BUDGET A motion was made by Trustee Fulton, seconded by Trustee McGuerty and carried with a 3-0 vote to open the public hearing at 7:01 p.m. for the 2016-2017 Budget. · PUBLIC HEARING – LOCAL LAW #2 OF 2016 A motion was made by Trustee Fickeisen, seconded by Trustee Fulton and carried with a 3-0 vote to open the public hearing at 7:02 p.m. for Local Law #2 of 2016 entitled “Regarding Reimbursement of Professional Consulting Fees”. A motion was made by Trustee McGuerty, seconded by Trustee Fulton and carried with a 3-0 vote to adjourn the public hearing for Local Law #2 of 2016 entitled “Regarding Reimbursement of Professional Consulting Fees” at 7:04 p.m. until the next regularly scheduled Village Board meeting on April 25, 2016. · RESOLUTION REGARDING PENDING ACTION - PROPOSED LOCAL LAW #2 of 2016 A motion was made by Trustee McGuerty, seconded by Trustee Fulton and carried with a 4-0 vote to approve the following resolution, as amended (Mayor Mulvaney voting.): WHEREAS, the Village Board of the Village of Moravia, New York, has reviewed Part 1 of a Short Environmental Assessment Form (the “Short Form – Part with respect to the proposed Local Law No. 2 of 2016, the pending action; Now, THEREFORE, BE IT RESOLVED by the Village Board of the Village of Moravia, New York, as follows: 1. The Village Board hereby declares that it shall act as Lead Agency with respect to the pending action, and it hereby accepts the Short Form – Part 1 and authorizes the Mayor of the Village to sign the same; and 2. The Village Board hereby directs the Mayor and/or Village Clerk to: a) Send a copy of the Short Form – Part 1, the proposed Local Law No. 2, and any other notices/documents deemed necessary or appropriate by the Village Attorney, to the Town of Moravia, NY; and b) Send a copy of the Short Form, the proposed Local Law No. 2, the Cayuga County GML §239 l, m & n Review Committee Referral Form that was reviewed by the Village Board, and any other ---PAGE BREAK--- notices/documents deemed necessary or appropriate by the Village Attorney, to the Cayuga County Department of Planning and Economic Development. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Mayor Gary Mulvaney Voting Yes Trustee Gary Fickeisen Voting Yes Trustee Nancy McGuerty Voting Yes Trustee Anthony Peppe Absent Trustee Chris Fulton Voting Yes (Trustee Peppe entered.) · VFW PARADE REQUEST Thane Benson (VFW) requested to have the VFW Memorial Day Parade approved for Monday, May 30, 2016. A motion was made by Trustee Peppe, seconded by Trustee Fulton and carried with a 4-0 vote to approve the VFW Memorial Day Parade for May 30, 2016 at 10:30 a.m. · MINUTES A motion was made by Trustee McGuerty, seconded by Trustee Fickeisen and carried with a 4-0 vote to approve the minutes for the March 28, 2016 Village Board Meeting. A motion was made by Trustee Peppe, seconded by Trustee McGuerty and carried with a 4-0 vote to approve the minutes for April 8, 2016 Village Board meeting. · BILLS A motion was made by Trustee Fulton, seconded by Trustee Fickeisen and carried with a 4-0 vote to approve the following bills. (Trustee McGuerty abstained from Bill #386 due to conflict of interest.) · TRANSFERS A motion was made by Trustee Peppe, seconded by Trustee Fulton and carried with a 4-0 vote to approve the following transfers. From: A1990.4 Contingent To: A1110.4 Justice – Cont. $ 200.00 A1630.4 Office – Cont. $ 200.00 A1910.4 Insurance $3,710.00 $4,110.00 · DEPARTMENT REPORTS ---PAGE BREAK--- A motion was made by Trustee McGuerty, seconded by Trustee Peppe and carried with a 4-0 vote to approve the Treasurers Report for the month of March. A motion was made by Trustee Fickeisen, seconded by Trustee Fulton and carried with a 4-0 vote to approve the Public Works Report for the month of March. A motion was made by Trustee Peppe, seconded by Trustee Fickeisen and carried with a 4-0 vote to approve the Sewer Treatment Plant Report for the month of March. A motion was made by Trustee Peppe, seconded by Trustee Fulton and carried with a 4-0 vote to approve the Vehicle Log Sheet Report for the month of March. A motion was made by Trustee Fulton, seconded by Trustee McGuerty and carried with a 4-0 vote to approve the Dog Control for the month of March. A motion was made by Trustee Peppe, seconded by Trustee Fickeisen and carried with a 4-0 vote to approve the Police Report for the month of March. A motion was made by Trustee McGuerty, seconded by Trustee Fulton and carried with a 4-0 vote to approve the written and verbal Code Enforcement Report for the month of March. A motion was made by Trustee McGuerty, seconded by Trustee Peppe and carried with a 4-0 vote to approve the Justice Report for the month of March. A motion was made by Trustee Fickeisen, seconded by Trustee Fulton and carried with a 4-0 vote to approve the Justice Building Inspection Report for the month of March. It was noted that there was no Water Meter Replacement Report for the month of March. · GLENSIDE WATER/SEWER DISTRICT AGREEMENTS Mayor Mulvaney reported that there was no news on the Glenside Water/Sewer District Agreements. · NEW METER REPLACEMENT Mayor Mulvaney noted that eight new water meters were installed in April, to date. · VILLAGE ORDINANCES Mayor Mulvaney noted that this agenda item is continuous and will be tabled until the next regularly scheduled Village Board meeting. · WATER LEAK DETECTION UPDATE Mayor Mulvaney stated that there was no news on the water leak detection and was waiting for better weather to readdress the water leak detection. · CABLE AGREEMENT ---PAGE BREAK--- Attorney Thomas Blair presented the Board with a Letter Agreement from Zito New York, LLC and a resolution for the Village of Moravia that would approve the transfer of the Cable Franchise from Southern Cayuga County Cablevision to Zito New York, LLC. He also presented the Board with a draft copy of a Franchise Agreement from Zito New York, LLC. A motion was made by Trustee McGuerty, seconded by Trustee Peppe and carried with a 4-0 vote to enter executive session at 7:45 p.m. to discuss contract negotiations. (Attorneys Thomas Blair and Charles Marangola attended.) A motion was made by Trustee McGuerty, seconded by Trustee Fulton and carried with a 4-0 vote to exit executive session at 8:00 p.m. A motion was made by Trustee Fulton, seconded by Trustee McGuerty and carried with a 4-0 vote to authorize Mayor Mulvaney to sign the Letter Agreement from Zito New York, LLC dated April 11, 2016. A motion was made by Trustee Peppe, seconded by Trustee Fickeisen and carried with a 5-0 vote to approve the following resolution (Mayor Mulvaney voting.): WHEREAS, Southern Cayuga County Cablevision, LLC (the “Franchisee”) owns, operates and maintains a cable television system (the “System”) in the Village of Moravia (the “Franchise Authority”) pursuant to a franchise agreement (the “Franchise”); WHEREAS, Zito New York, LLC (“Zito”) entered into an Asset Purchase Agreement dated as of February 24, 2016 (the “Agreement”) with Franchisee pursuant to which the Franchisee proposes to sell and assign to Zito the assets of the System, including the Franchise (the “Transfer”); and WHEREAS, the Franchisee requests the consent of the Franchise Authority to the Transfer. NOW THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHORITY AS FOLLOWS: SECTION 1. The Franchise Authority hereby consents to the Transfer, to the extent required by the terms of the Franchise, and consents to the contemplated transfer of the Franchise to any affiliate of Zito, having been disclosed in writing to the Franchise Authority. SECTION 2. The Franchise Authority consents to and approves Zito’s granting a security interest in all of Zito’s rights, powers and privileges under the Franchise and all of its other properties to such lender or lenders (as may be designated by Zito) for financing purposes, under which such lender or lenders shall have the rights and remedies of a secured party under the applicable Uniform Commercial Code as may currently, or in the future, be allowed by local, state, or federal laws pertaining to cable franchise systems. SECTION 3. This Resolution shall be deemed effective for purposes of the Transfer upon the closing date under the Agreement, and is subject to the binding letter agreement between Zito and the Franchise Authority regarding Zito’s obligation(s), upon closing of the acquisition of the assets of Southern Cayuga County Cablevision, LLC, to negotiate with the Franchise Authority in good faith, and to execute, within sixty (60) days after the closing of the acquisition, a new cable franchise agreement between Zito and the Franchise Authority, which is agreeable in form and substance to Zito and the Franchise Authority. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Mayor Gary Mulvaney Voting Yes Trustee Gary Fickeisen Voting Yes ---PAGE BREAK--- Trustee Nancy McGuerty Voting Yes Trustee Anthony Peppe Voting Yes Trustee Chris Fulton Voting Yes · LOCAL LAW #2 OF 2015 DRAFT (ZONING AMENDMENTS) Mayor Mulvaney stated that there was no update from the Planning Board on the Zoning Amendments. · SOLAR (WWTP) Mayor Mulvaney stated that a representative from Central New York Regional Planning & Development Board would be attending the next regularly scheduled Village Board meeting to discuss the information previously received pertaining to the “Solarize CNY” program. · OAK HILL GRAVEL PIT Mayor Mulvaney stated that there was no news on the Oak Hill Gravel Pit and would direct the Department of Public Works to put up the two 90 Decibel signs. · AGREEMENT FOR LEGAL SERVICES (ATTORNEY THOMAS BLAIR) Each of the Trustees received a copy of an Agreement For Legal Services from Attorney Thomas Blair for his expertise on the Cable Agreement. A motion was made by Trustee Peppe, seconded by Trustee McGuerty and carried with a 4-0 vote to authorize Mayor Mulvaney to sign the Agreement For Legal Services from Attorney Thomas Blair on behalf of the Village. · PUBLIC NOTICE – VILLAGE ELECTION PUBLIC NOTICE IS HEREBY GIVEN that at the regular meeting of the Village Board of Trustees held on April 11, 2016, the following resolution was proposed by Trustee Fulton, seconded by Trustee Peppe and adopted by a unanimous vote: WHEREAS that Annual Election for Village Officers will be held on Tuesday, June 21, 2016, and; WHEREAS the Village of Moravia shall constitute a single Election District for Village Elections, and; WHEREAS no person shall be entitled to vote at the Village Election whose name does not appear on the Cayuga County voter’s registration book; NOW THEREFORE BE IT RESOLVED that the Annual Village Election will be held at the Village of Moravia Justice Center, 48 West Cayuga Street, Moravia, New York on Tuesday, June 21, 2016 between the hours of 12:00 noon and 9:00 p.m. · SEWER UNIT INCREASE (RESOLUTION) A motion was made by Trustee McGuerty, seconded by Trustee Fickeisen and carried with a 4-0 vote to approve the following resolution: ---PAGE BREAK--- LET IT BE KNOW THAT, at the regular scheduled meeting held on April 11, 2016, the Board of Trustees of the Village of Moravia do hereby resolve to increase the SEWER UNIT RATE effective July 1st, 2016 SEWER billing according to the following schedule. Unit Charge Based on water consumption Current Rate 4/2015 $ 12.00 1.50/thous inside 2.25/thous outside Effective July Billing 4/2016 $ 13.00 1.50/thous inside 2.25/thous outside · KILBORNE AGENCY DISCLOSURE STATEMENT A motion was made by Trustee McGuerty, seconded by Trustee Fulton and carried with a 4-0 vote to accept and place on file the Disclosure Statement from Walter Dabulewicz of Kilborne Insurance Agency, the Village’s Insurance Agent. · HIRE PT SCHOOL CROSSING GUARD (POWERS) The employment application from Andrew Powers for Part-Time School Crossing Guard that the Village Board had received and placed on file on October 26, 2015 was on the table for review. A motion was made by Trustee McGuerty, seconded by Trustee Fickeisen and carried with a 4-0 vote to hire Andrew Powers as Part-Time School Crossing Guard at the rate of $18.00/day, effective immediately. · GARDEN CLUB REQUEST Each of the Trustees received a copy of a letter from the Moravia Area Garden idea Club (MAGiC) requesting funds to purchase summer flowers for the planters on Main Street. A motion was made by Trustee McGuerty, seconded by Trustee Fulton and carried with a 4-0 vote to approve the Moravia Area Garden idea Club (MAGiC) to spend up to $150.00 for flowers. · EMPLOYMENT APPLICATION (FERGUSON) An application for employment from Kyle Ferguson for Laborer was on the table for Board review. A motion was made by Trustee McGuerty, seconded by Trustee Fickeisen and carried with a 4-0 vote to accept and place on file the employment application from Kyle Ferguson. · INFORMATIONAL ITEMS The Village Board of Trustees each received a copy of the following: - Cayuga County Association of Villages Meeting and Agenda. - Davis-Ulmer Sprinkler Inspection Report (Justice Center). - Letter from Cayuga County Department of Highways (Re: resurfacing of Rockefeller Road this summer). On the table for Board review was: - Vehicle Log Sheets for the month of March. ---PAGE BREAK--- · PUBLIC HEARING – 2016-2017 BUDGET A motion was made by Trustee Fickeisen, seconded by Trustee Fulton and carried with a 4-0 vote to close the public hearing at 8:31 p.m. for the 2016-2017 Budget. A motion was made by Trustee McGuerty, seconded by Trustee Fulton and carried with a 4-0 vote to adopt the 2016-2017 Village of Moravia Budget, as presented. A motion was made by Trustee Peppe, seconded by Trustee Fickeisen and carried with a 4-0 vote to adjourn at 8:41 p.m. Anne Riddell, Village Clerk