Minutes

Village of Orchard Park

Board of Trustees

The regular meeting of the Board of Trustees of the Village of Orchard Park was held on Monday, March 28, 2016 in the Municipal Center, 4295 South Buffalo Street, Orchard Park, New York. Mayor Clinton called the meeting to order at 7:00 p.m. with the Pledge of Allegiance to the Flag.

Members present: Others present:

Mayor Jo Ann Litwin Clinton Dir. Of Public Works Michael P. Murphy

Deputy Mayor Joseph R. Wales Deputy Clerk Treasurer Kelly Stressinger

Trustee Francis T. Hogenkamp Building Inspector Jeffrey Sweet

Trustee Matthew J. Hartung

Mayor Clinton made the following announcement:

“Fire exits are located at the rear in the Board Room and at the doorway to the lobby. In the event of a fire, you will be notified by announcement on the public address system. If notified, please move in a calm and orderly fashion to the nearest exit.”

A public hearing was scheduled and advertised for this time to hear public input on Local Law #1, 2016, overriding the tax levy limit established in General Municipal Law §3-c.

Mayor Clinton opened the hearing at 7:02pm.

Mayor Clinton asked three times if there was anyone who would like to speak in favor of Local Law #1 and three times if there was anyone who would like to speak against Local Law #1. There were none.

Moved by Deputy Mayor Wales, seconded by Trustee Hartung to close the hearing at 7:04 p.m.

On the question: 3 voting “Aye” 0 voting “Nay” Carried

Moved by Trustee Hogenkamp, seconded by Trustee Hartung that proposed

Local Law #1, 2016 be approved as follows:

To override the tax levy limit established in General Municipal Law §3-c.

Adding the following ordinance section:

SECTION 1: Legislative Intent

It is the intent of this local law to allow the Village of Orchard Park to adopt a budget for the fiscal year commencing 2016-2017 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c.

SECTION 2: Authority

This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.

SECTION 3: Tax Levy Limit Override

The Board of Trustees of the Village of Orchard Park, County of Erie, is hereby authorized to adopt a budget for the fiscal year commencing 2016-2017 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.

SECTION 4: Severability

If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

SECTION 5: EFFECTIVE DATE: This local law shall take effect immediately upon filing with the Secretary of State.

On the question: 3 voting “Aye” 0 voting “Nay” Carried

Moved by Trustee Hartung, seconded by Trustee Hogenkamp that the minutes of

March 14, 2016 be approved as received.

On the question: 3 voting “Aye” 0 voting “Nay” Carried

Moved by Deputy Mayor Wales, seconded by Trustee Hogenkamp that the vouchers numbering 12353 to 12367 in Abstract #16 of 2015-2016 in the amount of $55,268.67 be paid as presented.

On the question: 3 voting “Aye” 0 voting “Nay” Carried

There were no comments from the floor of items not on the agenda.

Reports:

§  Building Inspector Sweet had nothing to report.

§  Director of Public Works Murphy had nothing to report.

§  Deputy Mayor Wales reported the Board is still working on the budget.

§  Trustee Hartung thanked Deputy Mayor Wales for filling in at the last Board meeting.

§  Trustee Hogenkamp reported the Village was awarded a grant from The NYS Urban Forestry Council to replace trees in the Village. We will receive part of the monies now and remainder after the April 29th Arbor Day event in which we will be planting a tree at Heritage Oaks honoring John Wilson. If you would like to replace a tree please contact the Village Office.

§  Deputy Clerk Treasurer Stressinger had nothing to report.

§  Mayor Clinton had nothing to report.

Moved by Deputy Mayor Wales, and Trustee Hartung seconded,

Whereas, the Village of Orchard Park has made Property Tax Cap Reform a legislative priority for 2016; and

Whereas, the New York Conference of Mayors has recommended that the New York State Cap Tax be improved in 2016; and

Whereas, the property tax cap was extended until June 15, 2020 with modification to the manner in which PILOT properties are treated when determining a local government’s tax cap formula; and

Whereas, Erie County towns and villages responsibly manage their finances, with the majority of Erie County towns and villages levying at or below the allowable limit, despite limited revenue sources, stagnant state/federal aid and increasing expenses; and

Whereas, New York State governs the manner in which Erie County towns and villages raise revenue; and

Whereas, New York State has primarily provided real property tax relief through ad hoc property tax exemptions over comprehensive property tax reform, resulting in a tax shift rather than a tax reduction, as well as additional administrative and litigation costs; and

Whereas, the tax cap has slowed the growth in Erie County property tax levies, but encouraged budget-balancing maneuvers, reduced fiscally prudent fund balances, cut municipal workforce with accompanying service, maximized restructuring and shared services agreements, and postponed key public infrastructure investment; and

Whereas, the quality of life in Erie County towns and villages is threatened by the lack of investment to improve and mitigate problems in roads, bridges, water, and sewer systems;

Now Therefore Be It Resolved, that the tax cap should not be one tied to inflation but one with a 1.5% floor; or that New York State should implement a Tax Cap Equalization Aid program that would provide aid in the amount equal to the difference between what the municipality property tax levy would be under a 2% cap and what it actually is under the tax cap CPI calculation; and

Be It Further Resolved, that Exemptions to the Tax Cap should include capital projects and infrastructure improvements in utilities, transportation and communications, costs associated with compliance orders, and structured costs such as pension contributions, and emergency services.

On the question: 3 voting “Aye” 0 voting “Nay” Carried

Deputy Mayor Wales commented in conjunction with the Association of Erie County Governments the Village is requesting the NYS Tax Cap be improved. A 2% cap is actually a .12% tax increase. If the Village stayed within the cap we could only obtain $7,000.00 additional revenue and NYS Pension is up $14,000.00.

Trustee Hogenkamp stated some communities are dipping into emergency funds in order to keep under the cap, which he believes is not prudent to dip into funds. If the Village reduced budget to bare bones, we can’t afford State mandates with what the cap is now.

The next regular meeting is scheduled for April 11, 2016.

Moved by Deputy Mayor Wales, seconded by Trustee Hartung to adjourn at 7:16 p.m.

On the question: 3 voting “Aye” 0 voting “Nay” Carried

Respectfully submitted

Kelly Stressinger

Deputy Clerk-Treasurer