NO. 17 . Page 1
August 13, 2015
WEB SITE http://macedontown.net
The Regular Meeting of the
Town Board of the Town of
Pledge of Allegiance.
Upon Roll Call, the following
members of the Board were
Present:
|
Councilperson |
David Maul |
|
Councilperson |
David McEwen |
|
Councilperson |
Sandy Pagano |
|
Supervisor |
William Hammond |
Absent:
|
Councilperson |
Paul Kenyon |
|
|
|
Also Present:
|
Attorney |
Anthony Villani |
|
Attorney |
David Fulvio |
|
Director of |
Paul Harkness |
|
Highway Superintendent |
Richard Roets |
|
Town Engineer |
Scott Allen |
|
Town Clerk |
Karrie Bowers |
RESOLUTION NO. 198 (2015)
EXECUTIVE SESSION
RESOLVED the Board enter
Executive Session at 7:33 p.m. to discuss personnel
MOTION BY
ROLL CALL VOTE: KENYON
ABSENT, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 199
(2015) OPEN SESSION
RESOLVED
the Board returns to Open Session at 7:40 p.m.
MOTION BY
ROLL CALL VOTE: KENYON
ABSENT, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 200
(2015) POLICE APPOINTMENT
RESOLVED that
Tyler Bueg be appointed to the position of
probationary Full-Time Police Officer effective August 13, 2015, at the
contractual rate of a Level #1 Officer, with a 12 month probationary period.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON ABSENT,
MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 201
(2015) APPROVAL OF MINUTES
RESOLVED the Board approves
the minutes of July 23, 2015 (Regular Meeting) as presented.
MOTION BY PAGANO, SECONDED BY
MCEWEN
ROLL CALL VOTE: KENYON ABSENT,
MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 202 (2015) 7:45 PUBLIC HEARING –
LOCAL LAW NO. 3 REPLACE LOCAL LAW NO. 1 OF 2015 – ESTABLISHING LICENSING AND
REPORTING REQUIREMENTS FOR PAWNBROKERS, SECONDHAND DEALERS, CONSIGNMENT DEALERS
AND JEWELRY AND COIN EXCHANGE DEALERS
Be
it enacted by the Town Board of the Town of
Section
1. Preamble
The Town Board finds that:
A. The Chief of Police has
reported that pawnbrokers, secondhand dealers, consignment dealers, and jewelry
and coin exchange dealers, without regulation, may contribute to home
invasions, burglaries, fencing, drug use, and other criminal activity.
B. The creation of a
Town-specific licensing and reporting program for personal property acquired by
pawnbrokers, secondhand dealers, consignment dealers, and jewelry and coin
exchange dealers will curtail the distribution and
facilitate the recovery of stolen property, and minimize additional criminal
activity in the Town of
C. The establishment of such a licensing
and reporting system to monitor and track the transactions set forth in this
local law is necessary for the protection of the citizens of the Town of
Macedon and is reasonable and appropriate for pawnbrokers, secondhand dealers,
consignment dealers, and jewelry and coin exchange dealers.
Section 2. Definitions
As used in this Local Law, the following terms have the following
definitions:
ANTIQUES
Such items or collectibles recognized as
such by established dealer associations within the industry.
CHIEF OF POLICE
The Town of Macedon Chief of Police or
his/her designee or representative.
CONSIGNMENT
An agreement, contract, or other
arrangement whereby a person or entity, the “consignor”, delivers or causes to
be delivered, goods to a merchant, the “consignee”, for purpose of sale,
without transferring ownership of said goods until the consignee completes the
sale to a third party, with the proceeds of said sale divided as agreed by the
consignor and consignee.
CONSIGNMENT DEALER
A
business establishment in the sale of goods on consignment.
DEALER’S LICENSE
A license issued by the Town of Macedon
Town Clerk to any pawnbroker, secondhand dealer, consignment dealer, or jewelry and coin
exchange dealer pursuant to the provisions of this Local Law, or pursuant
to Local Law 1 of 2015 while it remained in effect.
JEWELRY
Articles composed (in whole or in part) of
gold, silver, or other precious metals, gems or gemstones which, as
constructed, are designed to be worn for personal adornment.
JEWELRY AND COIN EXCHANGE DEALER
Persons or business establishments engaged
in the business of sale, purchase, or exchange of precious metals and/or
jewelry for other objects of precious metal, jewelry, United States currency,
bank drafts, other negotiable instruments as defined in the Uniform Commercial
Code or any other object or thing of value within the Town of Macedon,
including the sale, purchase, or exchange of such goods from the Town of
Macedon through internet commerce sites.
LICENSEE
A pawnbroker, secondhand dealer, consignment dealer, or jewelry
and coin exchange dealer duly issued a valid Dealer’s License, as well as their
operators, officers, employees, agents and assigns.
PAWNBROKER
Any person or business establishment who holds goods as collateral on
short-term, high-interest loans or a person who qualifies as a “collateral loan
broker” pursuant to § 52 of the New York General Business Law.
PRECIOUS METALS
Gold, silver, platinum,
copper or coins, utensils, or objects containing one or more of those metals.
SECONDHAND ARTICLE
Any article or object, except clothing or
books, that has previously been bought or sold at retail or wholesale, and/or
which has been previously used and/or is not in a new condition. This shall
include any “gift card” or other electronic payment device that is usable at a
single merchant or an affiliated group of merchants that share the same name,
mark, or logo, is issued in a specific amount, and may or may not be increased
in value or reloaded, or as otherwise defined in Article 26, § 396(I), or
Article 13, § 1315, of the New York State General Business Law.
SECONDHAND DEALER
Any person or business establishment who
deals in the purchase, sale, exchange or pledge as security for a sum of money
of any secondhand article within the Town of Macedon, including the purchase,
sale, exchange or pledge as security for a sum of money for or of such goods
from the Town of Macedon through internet commerce sites.
Section 3. Prohibited Acts.
A.
It shall be unlawful for a pawnbroker, secondhand dealer,
consignment dealer, or jewelry and coin exchange dealer to purchase any
articles, jewelry or precious metals from any person whom such dealer knows to
be or has reason to believe to be under the age of 18 years.
B.
It shall be unlawful for any pawnbroker, secondhand dealer,
consignment dealer, or jewelry and coin exchange dealer to sell, dispose of,
destroy, alter, or remove from such dealer’s premises any articles, jewelry, or
precious metals until the expiration of 14 calendar days after the acquisition
by such dealer of any such articles, jewelry, or precious metals.
C.
If so demanded in writing by the Chief of Police in connection
with a police investigation, a pawnbroker, secondhand dealer, consignment
dealer, or jewelry and coin exchange dealer shall not sell, dispose of,
destroy, alter or remove from such dealer’s premises any articles, jewelry or
precious metals until the expiration of 30 calendar days from the date of the
request. The Chief of Police may demand in writing that the property shall be
held for up for a total of three thirty-day periods.
D.
No pawnbroker, secondhand dealer, consignment dealer, or jewelry
and coin exchange dealer shall employ any person who has been convicted within
the previous three years of any felony related to the operation of a business
or who has had a dealer’s license revoked or denied within the previous year.
E.
No pawnbroker, secondhand dealer, consignment dealer, or jewelry
and coin exchange dealer shall permit his or her place of business to remain
open for the transaction of business at any time except between the hours of
8:00 a.m. and 11:00 p.m.
Section 4. Licensing.
A.
Except as otherwise provided in Paragraph L of this section, every
pawnbroker, secondhand dealer, consignment dealer, and jewelry and coin
exchange dealer operating within the Town of Macedon shall obtain and maintain
a Dealer’s License and abide by the provisions of said license, this local law,
and any other applicable federal, state, and local laws, rules, and
regulations. The Town Clerk shall be the licensing authority authorized to
issue Dealer’s Licenses.
B.
Dealer’s Licenses shall expire annually on December 31st
of the year for which said license was issued.
To ensure sufficient time to issue a Dealer’s License for the subsequent
year before the existing Dealer’s License expires, applications for renewal of
a Dealer’s License for the succeeding calendar year shall be submitted to the
Town Clerk no later than December 1st.
C.
The initial fee for the first issuance of a Dealer’s License shall
be $250. The annual fee thereafter shall
be $150. There shall be a fee of $10 for
replacement of a lost Dealer’s License.
D.
An application for a Dealer's License shall be made by the owner
or operator on forms provided by and filed with the Town Clerk. The
application shall include the nature of the business to be conducted on the
premises, and relevant information relative to the owner, operator, and/or
employees, as follows:
(1)
If a pawnbroker, secondhand dealer, consignment dealer, or jewelry
and coin exchange dealer employs over five (5) people at a location, the
application shall provide the employees’ names, dates of birth, and dates of
employment and affirm that the same shall be kept and made available for
inspection by the Chief of Police for one year.
(2)
Where the owner is not directly involved with the day-to-day
operation of said business or the owner is a business entity rather than an
individual, the application shall designate an operator who is involved in the
day-to-day operation of the business and include the names, home addresses, and
phone numbers of any business partners, officers or principals.
(3)
The application shall also set forth the legal address of the
premises where such business is to be carried out and whether the applicant or
any officer or operator has previously been involved in the purchase or sale of
secondhand goods and, if so, the name of said previous business, its location
and the dates of the applicant’s affiliation with said business. The
application shall be signed and sworn to before a notary public or other
official authorized to administer oaths in the State of
(4)
The application shall also set forth any and all e-commerce
websites, including Internet storefronts, third-party sales outlets, as well as
any and all written or electronic classified advertisements. The application
shall further set forth any and all seller names or otherwise identifying names
used by the applicant within those e-commerce sites.
E.
Before the issuance of a Dealer’s License, the Chief of Police
shall have the right to enter upon the applicant’s proposed business premises
during normal business hours for inspection.
After a Dealer's License has been issued, the Chief of Police shall have
the right to enter upon such premises to ensure compliance with any applicable
Federal, State, or local laws, ordinances, rules or regulations relating to secondhand
businesses required to be licensed under this Local Law.
F.
Any change in circumstances relative to any information required
to be disclosed by the applicant on the Dealer’s License application occurring
after the application has been filed shall be reported by the applicant or
licensee, in writing, to the Town Clerk within 10 days of the change.
G.
All applications for a Dealer's License shall be issued or denied
within thirty (30) days after a complete and duly executed application has been
received by the Town Clerk. The applicant shall be notified, in writing, of any
delay due to an incomplete application, pending investigation, or other
reasonable cause.
H.
Except as provided in Article 23-A of the New York State
Corrections Law, the Town Clerk reserves the right to deny a Dealer's License
to any person convicted of any crime related to the operation of the
business. No person or entity convicted
of a felony (other than those defined by the Vehicle and Traffic Law) shall be
eligible for a Dealer’s License pursuant to this law regardless of whether said
felony conviction is related to the operation of the business.
I.
The Town Clerk shall be prohibited, for a period of one year, from
issuing a Dealer's License to any applicant that has been found guilty of
operating a business without a Dealer's License when required under this or any
other Federal, State, or local law.
J.
Dealer's Licenses shall not be transferred. In the event of any
change involving the owner or operator of the business or the business
location, a new Dealer's License shall be required. A Dealer's License shall
not be transferred to any person who holds power of attorney on behalf of an
existing licensee.
K.
The Town Clerk may deny or revoke any Dealer’s License for the
following reasons:
(1)
The pawnbroker, secondhand dealer, consignment dealer, or jewelry
and coin exchange dealer has made a false statement in connection with its
application; or
(2)
The pawnbroker, secondhand dealer, consignment dealer, or jewelry
and coin exchange dealer revokes the consent to examine records and items or
refuses to allow inspection of its premises.
L.
The following entities or transactions are exempt from the
licensing requirements of this section:
(1)
Any dealer that is exempt from taxation under § 501(c)(3) or §
501(c)(4) of the Internal Revenue Code; or
(2)
Any person operating a garage sale, basement sale, porch sale,
yard sale, auction, or other such event where a person desires to sell or trade
his or her personal used items, household goods, furniture or equipment upon
his or her premises which is not a regular place of business for the purchase
or sale of secondhand items. No more than three such sales shall be conducted
by the same person(s) or upon the same premises within one calendar year, and
each such sale shall not exceed three consecutive days.
(3)
Any jewelry or coin exchange dealer whose annual gross retail
sales are comprised of less than 15% of secondhand articles. Any jewelry or coin exchange dealer claiming
this exemption must provide written proof of its applicability by a certified
public accountant within 20 days upon request of any law enforcement agency.
(4)
Any dealer in secondhand or used motor vehicles.
(5)
Any sale conducted pursuant to statute or by order of any court or
sales by executors or administrators on behalf of an estate.
(6)
Any sale of antiques by an antique dealer, or his/her employee or
associate, provided the antique dealer:
(a)
Has an established antique business advertised and promoted as
such; or
(b)
Exhibits at least twice a year at established advertised and/or
promoted antique shows; or
(c)
Is a private dealer working from home and/or nonretail location
and has applied for and has been granted a
(7)
Any sale of secondhand articles at antique shows or trade shows,
where such shows are advertised and/or promoted as such.
(8)
Any secondhand clothing store where 50% or more of its gross
revenues are related to items of clothing, shoes, and/or other wearable items
(e.g. hats, scarfs, belts), except for jewelry,
provided any of its remaining gross revenues are not derived from the sale of
secondhand items or are otherwise require a license under this Local Law. Any clothing store claiming this exemption
must provide written proof of its applicability by a certified public
accountant within 20 days upon request of any law enforcement agency.
(9)
The occasional sale, purchase or exchange of coins or stamps by a
person at his/her permanent residence who is engaged in the hobby of collecting
coins or stamps and who does not solicit the sale, purchase or exchange of such
coins or stamps to or for from the general public by billboard, sign, handbill,
newspaper, magazine, radio, television, internet or other form of printed or
electronic advertising.
(10) This chapter shall not apply to the
return of secondhand items for credit, exchange or refund to the person from
whom said items were originally obtained, provided that the items were not
secondhand items when originally obtained.
M.
If an application for a Dealer’s License is denied, or an existing
Dealer’s License is revoked, the applicant or original holder of the revoked
license may, within ten (10) calendar days of notice of denial or revocation,
request reconsideration by the Town Clerk, under the advisement of the Chief of
Police, by providing him or her with any additional, relevant information. The
Town Clerk shall, within ten (10) calendar days of receipt of the
reconsideration materials, issue a final notice of denial or revocation setting
forth the grounds upon which the license was either denied or revoked. Such
final notice shall be transmitted by certified or registered mail.
N.
Pawnbrokers, secondhand dealers, consignment dealers, or jewelry
and coin exchange dealers who, following the adoption of Local Law 1 of 2015,
obtained a Dealer’s License or whose application for a Dealer’s License remains
pending, shall not be required to submit an application under this Local Law
until seeking renewal in accordance with Section 4(b).
O.
Consignment dealers originally exempt under Local Law 1 of 2015
shall have thirty (30) days from the effective date of this Local Law to submit
an application for a Dealer’s License and may continue to operate, subject to
the rules and regulations contained in this Local Law, while their application
remains pending.
Section 5. General operation.
A.
All pawnbrokers, secondhand
dealers, consignment dealers, and jewelry and coin exchange dealers required to
be licensed under this local law shall comply with all provisions of federal,
state, and local laws, ordinances, rules and regulations, including, but not
limited to, Article 5 of the New York State General Business Law, relating to
the conduct of said businesses and occupation, use and maintenance of the
premises and shall ensure that all of their employees and agents do also.
B.
All pawnbrokers, secondhand dealers, consignment dealers, and
jewelry and coin exchange dealers required to be licensed under this local law
shall cause their Dealer's License to be posted in a conspicuous place
immediately visible upon entering the business establishment.
C.
If a pawnbroker, secondhand dealer, consignment dealer, or jewelry
and coin exchange dealer required to be licensed under this local law has
reason to believe that an item has been stolen or acquired by dishonest means,
they shall immediately report the same to the Chief of Police.
D.
In the event the
E.
A pawnbroker, secondhand dealer,
consignment dealer, or jewelry and coin exchange dealer, who is required to
relinquish an item pursuant to this section, shall not be entitled to demand or
condition the release upon any reimbursement from the law enforcement agency,
the owner of the item, or the victim of the theft. A dealer who is himself or
herself a victim of a crime may seek restitution or reparation in accordance
with the New York State Penal Law.
Section 6. Identification required.
A. All pawnbrokers,
secondhand dealers, consignment dealers, and jewelry and coin exchange dealers
required to be licensed under this local law shall verify the identity of every
person from whom a purchase or sale is made through acceptable photographic
identification (as detailed below) and to make and to keep a written record of
the nature of the evidence submitted by such person to prove identity. All such
records shall contain the signature of the individual responsible for processing
and recording said transaction on behalf of the dealer.
B. Only the following shall
be deemed acceptable evidence of identity: any official document (except a
social security account number card) issued by the United States government,
any state, county, municipality or subdivision thereof, any public agency or
department thereof, or any public or private employer, which requires and bears
the signature of the person to whom issued.
C. All pawnbrokers,
secondhand dealers, consignment dealers, and jewelry and coin exchange dealers
required to be licensed under this local law shall require that every person
from whom any article, jewelry or precious metal is purchased sign his/her name
in the presence said dealer, and to compare the signature on the identifying
document, and retain on said premises the person’s signature together with the
number and description of the identifying document, if any.
D. If an individual
executing a purchase or sale is acting as an agent for a principal, the
pawnbroker, secondhand dealer, consignment dealer, or jewelry and coin exchange
dealer shall require proof of the principal’s true name, date of birth and
residence address.
E. All pawnbrokers, secondhand dealers,
consignment dealers, and jewelry and coin exchange dealers required to be
licensed under this local law shall create and maintain a copy or digital photo
of the identification required in this section.
F. All pawnbrokers,
secondhand dealers, consignment dealers, and jewelry and coin exchange dealers
required to be licensed under this local law shall create and maintain a digital photograph of
each article, jewelry or precious metal received or purchased by the dealer or
otherwise in his or her possession. The photograph must include the serial
number and model number or product key if the item(s) contain those features.
Section 7. Reporting.
A.
All pawnbrokers, secondhand dealers, consignment dealers, and
jewelry and coin exchange dealers required to be licensed under this local law
shall furnish to the Chief of Police all information requested by such agency
relative to all records required to be kept under this chapter no later than 48
hours after receipt of any item covered by this chapter. If any items composed
wholly or in part of articles, jewelry or precious metals shall be advertised
in any newspaper printed in the County of Wayne as having been lost or stolen,
and if any items matching such advertised description or any part thereof shall
be in or come into possession of any pawnbroker, secondhand dealer, consignment
dealer, or jewelry and coin exchange dealer upon receiving actual written or
oral notice of the similarity of description of such articles, such dealer shall immediately report any
information relating thereto to the Chief of Police. No such items shall be
disposed by the dealer until authorized by the Chief of Police.
B.
All pawnbrokers, secondhand
dealers, consignment dealers, and jewelry and coin exchange dealers required to
be licensed under this local law shall upload to the Chief of Police electronic
records of all reportable transactions. Each transaction record shall contain
all information required by this chapter and shall be uploaded via Internet
connection to an electronic reporting service determined by the Chief of Police
according to the following procedures:
(1)
All pawnbrokers, secondhand dealers, consignment dealers, and
jewelry and coin exchange dealers who utilize point of sale software,
compatible with the electronic reporting service used by the
(2)
All pawnbrokers, secondhand dealers, consignment dealers, and
jewelry and coin exchange dealers who utilize point of sale software incompatible with the
electronic reporting service used by the
(3)
In the event a pawnbroker, secondhand dealer, consignment dealer,
or jewelry and coin exchange dealer is unable to successfully upload
transaction records via the electronic reporting service within the required 48
hours, the dealer shall, within 24 hours of the unsuccessful upload, notify the
Chief of Police of the reason for the submission failure and provide the Chief
of Police with an estimated time of compliance. Under these circumstances, the
dealer shall provide the Chief of Police a daily electronic data table or
spreadsheet of all transactions that would otherwise have been submitted via
the electronic reporting service. This data shall either be hand delivered or
e-mailed to the Chief of Police no later than one business day after the
unsuccessful upload.
Section 8. Release of stolen property.
A.
All pawnbrokers, secondhand dealers, consignment dealers, and
jewelry and coin exchange dealers required to be licensed under this local law
shall release to the
(1)
There is reasonable cause to believe that the item stolen;
(2)
The owner of the item or the victim of the theft has positively
identified the item and provided an affidavit of ownership and made a report of
the theft to a law enforcement agency;
(3)
The stolen property report describes the item by one or more of
the following: date, initials, an insurance record, a photograph, a sales
receipt, a serial number, specific damage, a statement of facts that show the
item is one of a kind or a unique engraving; and
(4)
The pawnbroker, secondhand dealer, consignment dealer or jewelry
and coin exchange dealer is given a receipt for the item released.
B.
When the
Section 9.
Penalties for offenses; enforcement.
A.
Any violation of the provisions of this section shall constitute
an offense punishable as follows:
(1)
The first offense is a
violation punishable by a fine not to exceed $250.
(2)
The second offense is a
misdemeanor punishable by a sentence of imprisonment not to exceed 30 days
and/or fine not to exceed $1,000.
(3)
The third offense is a misdemeanor punishable by a sentence of
imprisonment not to exceed 1 year and/or fine not to exceed $3,000.
B.
If the sentence is to be imposed on a corporation, the Court shall
have the discretion, pursuant to Penal Law 80.10(2)(b),
to impose a fine in lieu of the amounts specified above, not exceeding double
the amount of the corporation's gain from the commission of the offense.
Section 10. Severability
A.
If any clause, sentence, paragraph, section or article of this
chapter shall be adjudged by any court of competent jurisdiction to be invalid,
such determination shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, section or article thereof directly involved in the proceeding in
which such adjudication shall have been rendered.
Section 11. Repeal of prior law.
This
law shall repeal and replace Local Law No. 1 of 2015.
Section
12. Effective date.
This Local Law shall take effect immediately upon filing with New
York State Secretary of State.
RESOLUTION NO. 203
(2015)
RESOLVED the Town Board moves
to dispense the reading of the legal notice published in the July 26, 2015
issue of the Times.
MOTION BY
ROLL CALL VOTE: KENYON ABSENT,
MAUL AYE, MCEWEN AYE, PAGANO AYE,
All persons desiring to be
heard, hearing none, the hearing was closed
RESOLUTION NO. 204
(2015) PUBLIC HEARING CLOSED
RESOLVED the Public Hearing
be closed at 7:55 pm
MOTION BY MCEWEN, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON ABSENT,
MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 205
(2015) RESIGNATION - HARKNESS
RESOLVED the Town Board
accepts the resignation from Joshua Harkness from the Macedon Police Department
effective July 25, 2015.
MOTION BY PAGANO, SECONDED BY
MCEWEN
ROLL CALL VOTE: KENYON
ABSENT, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 206
(2015) INTEGRATED SYSTEMS
RESOLVED the Town Board
authorizes the Supervisor to sign contract to purchase 100 hours of IT Service
at $75/hour with Integrated Systems.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON
ABSENT, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 207
(2015) APPROVAL OF REPORTS
RESOLVED the Board approves
the reports as submitted
MOTION BY PAGANO, SECONDED BY
ROLL CALL VOTE: KENYON
ABSENT, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 208
(2015) RESCIND RESOLUTION NO. 163 (2015) AMBULANCE BID
WHEREAS the
Town of
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON
ABSENT, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 209
(2015) AMBULANCE BIDS
RESOLVED the Town Board
authorizes the Supervisor to advertise for sealed bids from qualified vendors
or manufacturers for the lease/purchase to own of (2) 2014 or newer ambulances
with two (2) 2010 trade-ins.
MOTION BY
ROLL CALL VOTE: KENYON
ABSENT, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 210 (2015) IMPERIAL MAINTENANCE
CONTRACT RENEWALS
RESOLVED the Board approves the automatic door labor
only maintenance agreements for the Town Hall and Library at a rate of $350
annual labor charge/building and authorizes the Supervisor to sign said
agreements for a term of October 1, 2015 – September 30, 2016.
MOTION BY MCEWEN , SECONDED
BY PAGANO
ROLL CALL VOTE:
KENYON ABSENT, MAUL AYE, MCEWEN AYE. PAGANO AYE.
RESOLUTION NO. 211
(2015) TRANE CONTRACT
RESOLVED the Town Board
approves the Trane contract in the amount of $914,700 pending attorney
approval.
MOTION BY
ROLL CALL VOTE: KENYON
ABSENT, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION
NO.
212 TOWN OF
WHEREAS, SECTION 104-b of the General Municipal Law provides that, in
the case of goods and services which are not required by law to be procured by
political subdivisions or any districts therein pursuant to competitive
bidding, the governing board of every
political subdivision and any district therein, by resolution, shall adopt
internal policies and procedures governing all procurements of goods and services
which are not required to be made pursuant to the competitive bidding
requirements of section one hundred three of this article or of any other
general, special or local law, and
WHEREAS, the Town has adopted
such internal policies and procedures governing the procurement of goods and
services not required to be bid, and
WHEREAS, SECTION 104-b (2)
(g) of the General Municipal Law provides that such policy “ set forth any
circumstances when, or types of procurements for which, in the sole discretion of
the governing body, the solicitation of alternative proposals or quotations
will not be in the best interest of the political subdivision or district
therein, and
WHEREAS, the Town Board has
previously identified legal and engineering services as circumstances where the
solicitation of alternative proposals or quotations will not be in the best
interest of the town, and
WHEREAS, SECTION 103(3) of
the General Municipal Law has been amended to allow the town to piggy back on
County Contracts without the necessity of bidding where such contracts contain
the language provided in the General Municipal Law, and
WHEREAS, SECTION 9-103 (1) of
the New York Energy Law provides:
Notwithstanding
any other provision of law, any agency, municipality, or public authority, in
addition to existing powers, is authorized to enter into energy performance
contracts of up to thirty-five years duration, provided, that the duration of
any such contract shall not exceed the reasonably expected useful life of the
energy facilities or equipment subject to such contract.
WHEREAS, procurement of such
energy performance contracts may be by requests for proposals, and
WHEREAS, the County of Wayne
has received and evaluated requests for proposals for certain energy
performance contracts which requests for proposals and contracts awarded
contain the piggy back language and meet the requirements of General Municipal
Law 103(3), and
WHEREAS, the Town Board has
identified such energy performance services contracted for by the county pursuant
to requests for proposals as a circumstance where it is not in the best
interest of the town to solicit alternate proposals or quotations,
BE IT RESOLVED, pursuant to the authority granted to the
Town of Macedon by Section 104-b (2) (g) that requests for proposals for energy
performance contracts solicited and awarded by the County are identified
as circumstance where it is not in the
best interest of the town to solicit alternate proposals or quotations, where
the County of Wayne as properly solicited such proposals and both the
solicitation and contract entered into, if any, contain a provision allowing
piggy backing in which case, so long as the other conditions of General
Municipal Law 103 (3) are met, the Town may piggy back on either the request
for proposal, the contract or both.
MOTION BY MCEWEN, SECONDED BY
ROLL CALL VOTE:
KENYON ABSENT, MAUL AYE, MCEWEN AYE. PAGANO AYE.
RESOLUTION
NO.
RESOLVED the Town Supervisor is
authorized to sign the Underground Service Easement prepared by NYSEG to
enable installation of a new pad mounted transformer at the Town Highway
Facility
MOTION BY PAGANO, SECONDED BY MCEWEN
ROLL CALL VOTE:
KENYON ABSENT, MAUL AYE, MCEWEN AYE. PAGANO AYE.
CORRESPONDENCE:
REPORTS:
July Police Report
BOND RESOLUTION DATED AUGUST 13, 2015
OF THE TOWN BOARD OF THE TOWN OF MACEDON, NEW YORK, AUTHORIZING GENERAL
OBLIGATION SERIAL BONDS TO FINANCE CERTAIN CAPITAL IMPROVEMENTS, AUTHORIZING
THE ISSUANCE OF BOND ANTICIPATION NOTES IN CONTEMPLATION THEREOF, THE
EXPENDITURE OF SUMS FOR SUCH PURPOSE, AND DETERMINING OTHER MATTERS IN
CONNECTION THEREWITH.
WHEREAS, the Town Board hereby
confirms and finds that the purpose hereinafter described constitutes a “type
II” action under the State Environmental Quality Review Act of the State of New
York and the applicable regulations thereunder
(“SEQRA”) which will not result in any significant adverse environmental
impacts and such purpose is not subject to any further environmental review
under SEQRA; now therefor, be it
RESOLVED BY THE TOWN BOARD OF THE
TOWN OF MACEDON,
Section 1. The Town of Macedon shall undertake
certain capital improvements consisting of the reconstruction and equipping of
buildings, to include, without limitation, interior and exterior lighting and
building envelope upgrades to the Town Hall, the Library, the Public Safety
Building and the Highway Building, and HVAC and controls upgrades at the Town
Hall, the Library, and the Public Safety Building, various site and other
incidental improvements in connection therewith that may be required in
connection therewith for such construction and Town use (hereinafter referred
to as “purpose”), and general obligation serial bonds in an aggregate principal
amount not to exceed $985,000 and bond anticipation notes in anticipation
thereof (and renewals thereof) of the Town are hereby authorized to be issued
to finance said purpose.
Section 2. The estimated maximum aggregate cost of
said purpose, which may include preliminary costs and costs incidental thereto
and costs of the financing thereof, is estimated to be $985,000 and said amount
is hereby appropriated therefor. The plan for financing of said purpose is to
provide all of such maximum cost by issuance of obligations as herein
authorized.
Section 3. It is hereby determined and declared
that (a) each such building is at least a class “C” building as defined in
Subdivision 11 of Paragraph a of Section 11.00 of the Local Finance Law, and
said purpose is one of the class of objects or purposes described in
Subdivisions 12, 35 and 91 of Paragraph (a) of Section 11.00 of the Local
Finance Law, and that the period of probable usefulness of said purpose is
fifteen (15) years, as supported by a professional certification of the useful
life of such purpose, (b) the proposed maximum maturity of said bonds
authorized by this resolution will be in excess of five years, (c) current
funds required to be provided prior to the issuance of the bonds or notes
herein authorized, pursuant to Section 107.00 of the Local Finance Law, to the
extent applicable, if any, will be provided, (d) the notes herein authorized
are not issued in anticipation of bonds for an assessable improvement, and (e)
there are presently no outstanding bond anticipation notes issued in
anticipation of the sale of said bonds.
Section 4. The bonds and notes authorized by this
resolution shall contain the recital of validity prescribed in Section 52.00 of
the Local Finance Law and such bonds and notes shall be general obligations of
the Town and all the taxable real property in the Town is subject to the levy
of ad valorem taxes to pay the principal thereof, and interest thereon,
without limitation as to rate or amount, subject to applicable statutory
limitations, if any, sufficient to pay the principal of and interest on said
bonds and notes.
Section 5. It is hereby determined and declared
that the Town reasonably expects to reimburse the general fund, or such other
fund as may be utilized, not to exceed the maximum amount authorized herein,
from the proceeds of the obligations authorized hereby for expenditures, if
any, from such fund that may be made for the purpose prior to the date of the
issuance of such obligations. This is a
declaration of official intent under Treasury Regulation §1.150-2.
Section 6. The power to further authorize the
sale, issuance and delivery of said bonds and notes and to prescribe the terms,
form and contents of said bonds and notes, including, without limitation, the
consolidation with other issues, the determination to issue bonds with
substantially level or declining annual debt service, all contracts for, and
determinations with respect to, credit or liquidity enhancements, if any, and
to sell and deliver said bonds and notes, subject to the provisions of this
resolution and the provisions of the Local Finance Law, including without
limitation, the authority to determine whether to accept bids electronically to
the extent allowed by Section 58.00 of the Local Finance Law, is hereby
delegated to the Town Supervisor, the Town’s chief fiscal officer. The Town Supervisor and the Town Clerk or
Deputy Clerk are hereby authorized to sign by manual or facsimile signature and
attest any bonds and notes issued pursuant to this resolution, and are hereby
authorized to affix to such bonds and notes the corporate seal of the Town of
Section 7. The faith and credit of the Town of
Section 8. After compliance with Section 9 hereof,
this resolution shall be published in full by the Town Clerk of the Town of
Section 9. This resolution is subject to a
permissive referendum of the qualified electors of the Town of
The motion having been duly
seconded, it was adopted and the following votes were cast:
AYES NAYS
4 0
MOTION BY PAGANO, SECONDED BY
MCEWEN
ROLL CALL VOTE: KENYON ABSENT,
MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 213 (2015)
NOTICE PURSUANT TO LOCAL FINANCE LAW SECTION 35.00
RESOLVED the Town Board
approve the form of notice of publication and posting as presented by bond
counsel.
MOTION BY PAGANO, SECONDED BY
MCEWEN
ROLL CALL VOTE: KENYON ABSENT,
MAUL AYE, MCEWEN AYE, PAGANO AYE,
NOTICE OF PURSUANT TO LOCAL
FINANCE LAW SECTION 35.00
NOTICE IS HEREBY GIVEN THAT the Town
Board of the Town of Macedon, New York, by the favorable vote of not less than
two-thirds of all of the members of such Board has, on August 13, 2015,
adopted, pursuant to the Local Finance Law of the State of New York, a bond
resolution stating that:
WHEREAS, the Town Board hereby
confirms and finds that the purpose hereinafter described constitutes a “type
II” action under the State Environmental Quality Review Act of the State of New
York and the applicable regulations thereunder
(“SEQRA”) which will not result in any significant adverse environmental
impacts and such purpose is not subject to any further environmental review
under SEQRA; now therefor, be it
RESOLVED BY THE TOWN BOARD OF THE
TOWN OF MACEDON,
1. capital
improvements consisting of the reconstruction and equipping of buildings, to
include, without limitation, interior and exterior lighting and building
envelope upgrades to the Town Hall, the Library, the Public Safety Building and
the Highway Building, and HVAC and controls upgrades at the Town Hall, the
Library, and the Public Safety Building, various site and other incidental
improvements in connection therewith that may be required in connection
therewith for such construction and Town use (hereinafter referred to as
“purpose”), are authorized and general obligation serial bonds in an aggregate
principal amount up to $985,000 and bond anticipation notes in anticipation
thereof (and renewals thereof) of the Town are authorized to be issued to
finance said purpose; and
2. the
maximum aggregate cost to the Town is estimated to be $985,000 for said purpose
and said amount is appropriated therefor and the plan
for financing of said purpose is to provide all of such maximum cost by
issuance of serial bonds and bond anticipation notes as authorized; and
3. (a)
each such building is at least a class “C” building as defined in Subdivision
11 of Paragraph a of Section 11.00 of the Local Finance Law, and said purpose
is one of the class of objects or purposes described in Subdivisions 12, 35 and
91 of Paragraph (a) of Section 11.00 of the Local Finance Law, and the period
of probable usefulness of said purpose is fifteen (15) years, as supported by a
professional certification of the useful life of such purpose, (b) the proposed
maximum maturity of said bonds authorized by this resolution will be in excess
of five years, (c) current funds required to be provided prior to the issuance
of the bonds or notes authorized, pursuant to Section 107.00 of the Local
Finance Law, to the extent applicable, if any, will be provided, (d) the notes
authorized are not issued in anticipation of bonds for an assessable improvement,
and (e) there are presently no outstanding bond anticipation notes issued in
anticipation of the sale of said bonds; and
4. the
bonds and notes authorized by the resolution shall contain the recital of
validity prescribed in Section 52.00 of the Local Finance Law and such bonds
and notes shall be general obligations of the Town and all the taxable real
property in the Town is subject to the levy of all the taxable real property in
the Town is subject to the levy of ad valorem taxes to pay the principal
thereof, and interest thereon, without limitation as to rate or amount, subject
to applicable statutory limitations, if any, sufficient to pay the principal of
and interest on said bonds and notes; and
5. the
Town reasonably expects to reimburse the general fund, or such other fund as
may be utilized, from the proceeds of the obligations authorized for
expenditures, if any, from such fund that may be made for the purpose prior to
the date of the issuance of such obligations, and such is a declaration of
official intent under Treasury Regulation §1.150-2; and
6. the
power to further authorize the issuance of said bonds and bond anticipation
notes and to prescribe the terms, form and contents of said bonds and bond
anticipation notes, including, without limitation, the consolidation with other
issues, the determination to issue bonds with substantially level or declining
annual debt service, all contracts for and determinations with respect to,
credit and liquidity enhancements, if any, and to sell and deliver said bonds
and bond anticipation notes subject to the provisions of the resolution and the
provisions of the Local Finance Law, including without limitation, the
authority to determine whether to accept bids electronically to the extent
allowed by Section 58.00 of the Local Finance Law, is delegated to the Town
Supervisor, the Town’s chief financial officer, the Town Supervisor and the
Town Clerk are authorized to sign by manual or facsimile signature any bonds
and bond anticipation notes issued pursuant to the resolution, and are
authorized to affix to such bonds and bond anticipation notes the corporate
seal of the Town of Macedon and to attest the same; and
7. the
faith and credit of the Town of Macedon, New York, are irrevocably pledged for
the payment of the principal of and interest on such bonds and bond
anticipation notes as the same respectively become due and payable, and an
annual appropriation shall be made in each year sufficient to pay the principal
of and interest on such obligations becoming due and payable in such year; and
8. after
compliance with the next paragraph hereof, the resolution shall be published in
full by the Town Clerk of the Town of Macedon together with a notice in
substantially the form prescribed by Section 81.00 of said Local Finance Law,
and such publication shall be in each official newspaper of the Town, in the
manner prescribed by law, and the validity
of said bonds and bond anticipation notes issued in anticipation of the sale of
said serial bonds may be contested only if such obligations are authorized for
an object or purpose for which said Town is not authorized to expend money, or
the provisions of law which should be complied with, at the date of publication
of the resolution are not substantially complied with, and an action, suit or
proceeding contesting such validity is commenced within twenty (20) days after
the date of such publication; or if said obligations are authorized in
violation of the provisions of the Constitution.
9. Such
bond resolution is subject to a permissive referendum of the qualified electors
of the Town of Macedon pursuant to Section 35.00 of the Local Finance Law and petitions
protesting and requesting that it be submitted to the electors of the Town of
Macedon for their approval or disapproval, may be filed with the Town Clerk at
any time within thirty (30) days after the date of the adoption of such
resolution.
By order of the Town Board of the Town of
DATED: August 13, 2015
_________________________
Karrie
M. Bowers, Town Clerk
Town
of
RESOLUTION NO. 215
(2015) PUBLIC HEARING – HARV’S HARLEY DAVIDSON – TEMPORARY USE PERMIT
The Town Board of the Town of
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE:
KENYON ABSENT, MAUL AYE, MCEWEN AYE. PAGANO AYE.
RESOLUTION NO. 216
(2015) EXECUTIVE SESSION
RESOLVED the Board enter
Executive Session at 8:52 p.m. to discuss litigations
MOTION BY
ROLL CALL VOTE: KENYON ABSENT,
MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 217
(2015) OPEN SESSION
RESOLVED
the Board returns to Open Session at 9:32 p.m.
MOTION BY
ROLL CALL VOTE: KENYON ABSENT,
MAUL AYE, MCEWEN AYE, PAGANO AYE,
ABSTRACT NO. 369 (2015) Bills
for August (A) Expenditures in the amount of
Claim Nos. #33301 - VOID $0
Claim Nos. #33302-333436 $123,460.08
RESOLUTION NO. 218
(2015) PAYMENT OF CLAIMS
RESOLVED
the bills be paid as audited.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT,
MAUL AYE, MCEWEN AYE, PAGANO AYE,
In view of the settlement
agreement executed between the
MOTION BY
9:45 PM.
Karrie
M. Bowers
__________________________
Karrie M. Bowers
Macedon Town Clerk