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VILLAGE BOARD MEETING FEBRUARY 27, 2017 · 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 were in attendance. Treasurer Susan Wade was Acting Clerk in the absence of Village Clerk Anne Riddell. Josh Marnell, Tamara Murphy and Robert Cooper were also present. Acting Clerk Sue Wade put in a conference call to Colin Higgin, Vice President of Zito Media, and to Tony Luna prior to opening the public hearing. · PUBLIC HEARING FOR CABLE FRANCHISE AGREEMENT Mayor Gary Mulvaney opened the Public Hearing for the Cable Franchise Agreement at 7:01 pm with a motion by Trustee Peppe, seconded by Trustee McGuerty and carried with a 4-0 vote. Mayor Mulvaney asked Colin Higgin if he was able to speak with Ray Dyer about the outstanding bills due the Village. Colin stated he had talked to Mr. Dyer and that Ray would not give them credit of the amount due the Village if Zito were to pay the bill. Mayor Mulvaney also asked Mr. Higgin about the franchise fee that Zito has been collecting since August. Mr. Higgin said he would check with accounting about this. Two residents from Court, Tamara Murphy and Robert Cooper, spoke about problems they had with reception and credit issues. Mr. Higgin said he’d check with Sandy at the local office about this. Trustee McGuerty thanked Mr. Higgin for the channel listing that Zito mailed out to all their customers. With no further comments, a motion was made by Trustee Fulton, seconded by Trustee Fickeisen and carried with a 4-0 vote to close the public hearing at 7:18 pm. A motion was made to approve and adopt the following Resolution #3 of 2017 entitled “Resolution Of The Village Of Moravia Approving A Cable Franchise Agreement With Zito New York, LLC: RESOLUTION NO. 3 of 2017 RESOLUTION OF THE VILLAGE OF MORAVIA APPROVING A CABLE FRANCHISE AGREEMENT WITH ZITO NEW YORK, LLC WHEREAS, Zito New York, LLC (“Zito” or “Franchisee”) in August 2016 acquired the operating and capital assets of Southern Cayuga County Cablevision, LLC (“SCCC”) in relation to the ownership, operation and maintenance of a cable television system (the “System”) servicing the Village of Moravia (the “Franchise Authority”) pursuant to a franchise agreement (the “Franchise”); WHEREAS, the Franchise Authority authorized the transfer of the System to Zito via Resolution #3 of 2016 on April 11, 2016, and ZITO, upon closing upon the afore-described SCCC assets has commenced to own, operate and service the System pursuant to the approved Franchise, which is currently in “evergreen” status; and WHEREAS, due negotiations between the Franchise Authority and Zito have resulted in a proposed replacement “Cable Franchise Agreement” between the Franchise Authority and Zito, which proposed agreement was filed with the Franchise Authority on or about October 11, 2016, and WHEREAS, on January 23, 2017, at a regular meeting of the Village of Moravia the Village Board scheduled a public hearing for February 27, 2017 at 7:00 p.m. at Village Hall located at 22 Central Street, Moravia, New ---PAGE BREAK--- York, 13118 for citizens and members of the public to examine and pose questions to the Franchisee and the Franchise Authority about the proposed Cable Franchise Agreement; WHEREAS, after duly noticed and published Public Hearing notice, a copy of which is attached hereto, the Franchise Authority did open and close a Public Hearing at Village Hall on February 27, 2017, beginning at approximately 7:00 p.m.; and NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The proposed Action is deemed to be a Type II Action under 6 617.5(c)(20) and(26), and thus, is not subject to review under the New York State Environmental Quality Review Act (“SEQRA”). 2. The Franchise Authority finds and concludes that it is in the best interests of the residents and property owners within the Village of Moravia for the Village of Moravia to enter into the proposed Cable Franchise Agreement with Zito New York, LLC as authorized by this Resolution. 3. The Franchise Authority authorizes the award of a non-exclusive Franchise to Zito New York, LLC, to own, construct, operate and maintain the System along public rights of way within the Village of Moravia in order to provide cable and other services as are specifically contained in the Cable Franchise Agreement, a true copy of which is attached to this Resolution. 4. The Village Board of Trustees authorizes the Mayor to enter into the Cable Franchise Agreement, and to execute any corollary documents which may be necessary to effectuate the granting of the Franchise to the Franchisee on behalf of the Village of Moravia. RESOLUTION MOVED BY: Trustee Fulton RESOLUTION SECONDED BY: Trustee McGuerty PASSED, ADOPTED AND APPROVED this 27th day of February, 2017. Village of Moravia Trustee Fickeisen YES Trustee McGuerty YES Trustee Peppe YES Trustee Fulton YES Mayor Mulvaney YES The Board thanked the public for attending and thanked Mr. Higgin and Mr. Lupo for the conference call and disconnected. · MINUTES A motion was made by Trustee McGuerty, seconded by Trustee Fulton and carried with a 4-0 vote to approve the minutes for the February 13, 2017 Village Board Meeting. · BILLS A motion was made by Trustee McGuerty, seconded by Trustee Fickeisen and carried with a 4-0 vote to approve the following bills. ---PAGE BREAK--- · PURCHASE ORDER A motion was made by Trustee Fulton, seconded by Trustee Peppe and carried with a 4-0 vote to approve the following purchase orders: - USA BlueBook - $ 984.00 for a paint can safety cabinet for the STP - Copier Products Sales and Service- $ 1,895.00 for a refurbished digital Copier - Mather Electric - $ 1,925.00 for a rebuilt Baldor 60 hp motor for the STP · 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 reported to the Board that he contacted Mark Manzari of NYLD and they will be coming to do leak detection soon. Trustee Peppe also spoke of a conversation with the NYSDEC about the Village’s leak problem and will set up a work session for the near future. · VILLAGE ORDINANCES Mayor Mulvaney stated that the Board would start reviewing more of the Village Ordinances next month. · ZONING AMENDMENTS (PB) Mayor Mulvaney stated that we’re waiting to hear back from the County. · SOLAR POWER GRANT (STP) Mayor Mulvaney stated that there was no update or news on the Solar Power Grant for the Wastewater Treatment Plant. This item was tabled until the next regularly scheduled Board meeting. · MEMORANDUM OF UNDERSTANDING (CC 911 CENTER) Mayor Mulvaney reported to the Board his discussions with the Mayors of Port Byron and Weedsport. Weedsport just recently approved the Memorandum of Understanding and Port Byron hasn’t yet. After further discussion, a motion was made by Trustee Fickeisen, seconded by Trustee McGuerty and passed with a 3-1 vote with Trustee Peppe dissenting, to NOT approve the Memorandum of Understanding with the CC 911 center. · RENTAL PERMIT LOCAL LAW #5 OF 1990 REVIEW The Rental Permit Local Law #5 of 1990 was tabled until the next regularly scheduled Board meeting. · POLICE POLICIES ---PAGE BREAK--- Mayor Mulvaney stated that Officer in Charge Rob Brown and Village Attorney Charles Marangola were to meet and discuss the proposed Police Policies drafted by Officer in Charge Rob Brown. Mayor Mulvaney stated that this item was tabled until the next regularly scheduled Board meeting since they have not met yet. · APPLICATIONS FOR EMPLOYMENT Employment Applications from Russell Dimon and John Chisholm were accepted and placed on file by a motion from Trustee Peppe and seconded by Trustee Fickeisen and carried with a 4-0 vote. · INFORMATIONAL ITEMS - CCAV Minutes from 11/22/16 meeting. A motion was made by Trustee Peppe, seconded by Trustee Fulton and carried with a 4-0 vote to adjourn at 8:35 p.m. Susan B. Wade – Acting Village Clerk