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VILLAGE BOARD MEETING JANUARY 9, 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. Village Clerk Anne Riddell, Treasurer Susan Wade, Code Enforcement Officer Fred Delaney, Officer In Charge Robert Brown, Attorney Thomas Blair (entered 7:02 Colin Higgin and Chris Rudding (Zito New York, LLC), Jason Hall, Sandi Badman, Anita Sharpsteen, and Cheri Kemp were also present. · PUBLIC HEARING – CABLE FRANCHISE AGREEMENT Mayor Mulvaney opened the Public Hearing for the proposed Cable Franchise Agreement between Zito New York, LLC and the Village of Moravia at 7:02 p.m. Colin Higgin of Zito New York, LLC addressed the Board and the public. Mr. Higgin stated that they have upgraded internet speeds, offered more HD, and moved their local office from Locke to Moravia while keeping costs under control. Mayor Mulvaney stated his concern for the spotty programming and that he has had four boxes for HD and it still does not work. Village resident Anita Sharpsteen was concerned with stations that they had recently, however can no longer get and also about the pixelation on some of the channels. The Trustees stated their similar concerns. After Mr. Higgin and Mr. Rudding responded, Mayor Mulvaney asked if there were any more questions. There were none. A motion was made by Trustee Fulton, seconded by Trustee McGuerty and carried with a 4-0 vote to close the Public Hearing at 7:37 p.m. A motion was made to approve and to adopt the following Resolution No. 1 of 2017 entitled “Resolution Of The Village Of Moravia Approving A Cable Franchise Agreement With Zito New York, LLC”: RESOLUTION NO. 1 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 December 27, 2016, at a regular meeting of the Village of Moravia the Village Board scheduled a public hearing for January 9, 2017 at 7:00 p.m. at Village Hall located at 22 Central Street, ---PAGE BREAK--- Moravia, New 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 January 9, 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 McGuerty RESOLUTION SECONDED BY: Trustee Fickeisen PASSED, ADOPTED AND APPROVED this 9th day of January, 2017. Village of Moravia Trustee Fickeisen YES Trustee McGuerty YES Trustee Peppe YES Trustee Fulton YES Mayor Mulvaney YES · MINUTES A motion was made by Trustee Peppe, seconded by Trustee Fickeisen and carried with a 4-0 vote to approve the minutes for the December 27, 2016 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. (Trustee McGuerty abstained from Bills #270 and #270 due to conflict of interest.) · DEPARTMENT REPORTS ---PAGE BREAK--- A motion was made by Trustee Peppe, seconded by Trustee Fulton and carried with a 4-0 vote to approve the Treasurer’s Report for the month of December. A motion was made by Trustee Peppe, seconded by Trustee Fickeisen and carried with a 4-0 vote to approve the Public Works Report for the month of December. A motion was made by Trustee Peppe, seconded by Trustee Fulton and carried with a 4-0 vote to approve the Water Meter Replacement Report for the month of December. A motion was made by Trustee Fulton, seconded by Trustee Peppe and carried with a 4-0 vote to approve the Sewer Treatment Plant Report for the month of December. A motion was made by Trustee Peppe, seconded by Trustee Fickeisen and carried with a 4-0 vote to approve the Vehicle Log Sheet Report for the month of December. A motion was made by Trustee Fickeisen, seconded by Trustee Fulton and carried with a 4-0 vote to approve the Dog Control Report for the month of December. A motion was made by Trustee McGuerty, seconded by Trustee Peppe and carried with a 4-0 vote to approve the Police Report for the month of December. A motion was made by Trustee Fickeisen, seconded by Trustee Peppe and carried with a 4-0 vote to approve the written and verbal Code Enforcement Report for the month of December. A motion was made by Trustee McGuerty, seconded by Trustee Fulton and carried with a 4-0 vote to approve the Justice Building Inspection Report for the month of December. It was noted that there was no Justice Report for the month of December. · CABLE See above Public Hearing. · 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 the Board received the report (see above). · VILLAGE ORDINANCES Mayor Mulvaney stated that the Board would start reviewing more of the Village Ordinances after the Board had reviewed the Site Plan Review with Village Attorney Charles Marangola. · ZONING AMENDMENTS (PB) Mayor Mulvaney stated that the Site Plan Review zoning amendment presented by the Village Planning Board would be addressed at the next meeting when Village Attorney Charles Marangola could attend. · SOLAR POWER GRANT (STP) ---PAGE BREAK--- 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 stated that there was no update or news on the Memorandum of Understanding that was presented to the Board by Officer in Charge Rob Brown. After some discussion, the Board agreed to table their decision until the next regularly scheduled Board meeting. · RENTAL PERMIT LOCAL LAW #5 OF 1990 REVIEW Mayor Mulvaney stated that there was no update on the Rental Permit Local Law #5 of 1990 Review. This item was tabled until the next regularly scheduled Board meeting. · QUARTERLY FAIR HOUSING PUBLIC NOTICE A motion was made by Trustee Fulton, seconded by Trustee Peppe and carried with a 4-0 vote to approve the advertising of the quarterly Fair Housing Public Notice that each of the Trustees received. · ANNUAL CONTRACTS (LIBRARY, HISTORICAL SOCIETY, SCAT VAN) A motion was made by Trustee McGuerty, seconded by Trustee Fickeisen and carried with a 4-0 vote to approve the following contracts: Powers Library $3,000.00 Cayuga-Owasco Lakes Historical Society $ 600.00 Transportation Project for Cayuga County (SCAT Van) $ 600.00 · EMPLOYMENT APPLICATION (DPW – AXTON) An employment application from James Axton for Laborer was on the table for Board review. A motion was made by Trustee Fickeisen, seconded by Trustee Fulton and carried with a 4-0 vote to accept and place on file the employment application from James Axton for Laborer. · SPRING CLEAN-UP Each of the Trustees received a drafted copy of the flier for Spring Clean-Up. A motion was made by Trustee McGuerty, seconded by Trustee Peppe and carried with a 4-0 approving Spring Clean-Up on April 22nd and 23rd, 2017. · PERMISSION FOR WINTER WORKSHOP & PHOENIX) A motion was made by Trustee McGuerty, seconded by Trustee Peppe and carried with a 4-0 vote to authorize Kean and Dick Phoenix to attend W2Operator Training Group Winter Work Shop in Cortland on January 20, 2017. ---PAGE BREAK--- · INFORMATIONAL ITEMS On the table for Board review was: - Vehicle Log Sheets for the month of December. - Town of Moravia Minutes (07/20/16, 08/31/16, 09/28/16, 10/19/16, 11/16/16). Each of the Trustees received a copy of the following: - Two letters from the Village Board to Zito New York, LLC and Ray Dyer for legal fees reimbursement. - Memo from Village Board to Village Attorney Charles Marangola pertaining to Site Plan Review. - Letter from County Water & Sewer Authority pertaining to meeting on January 12, 2017. - Cayuga County Association of Villages meeting (02/23/17). A motion was made by Trustee Peppe, seconded by Trustee Fickeisen and carried with a 4-0 vote to adjourn at 8:28 p.m. Anne Riddell, Village Clerk