Minutes

Village of OrchardPark

Board of Trustees

The regular meeting of the Board of Trustees of the Village of Orchard Park was held on Monday, January 26, 2015 in the Municipal Center, 4295 South Buffalo Street, Orchard Park, New York. Mayor Rood called the meeting to order at 7:00 p.m. with the Pledge of Allegiance to the Flag.

Members present:Others present:

Mayor David A. Rood Dir. Of Public Works Andrew J. Slotman

Trustee Francis T. HogenkampAttorney Philip Marshall

Trustee Joseph R. WalesClerk-Treasurer Mary Beth Jensen

Trustee Jo Ann LitwinBuilding Inspector Jeffrey Sweet

Mayor Rood 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.”

Moved by Trustee Hogenkamp, seconded by Trustee Wales that the minutes of January 12, 2015 be approved as received.

On the question:4 voting “Aye”0 voting “Nay”Carried

Moved by Mayor Rood, seconded by Trustee Hogenkamp that the vouchers numbering 11656 to 11680 in Abstract #11 of 2014-2015 in the amount of $55,805.82 be paid as presented.

On the question:4 voting “Aye”0 voting “Nay”Carried

Comments from the floor of items not on the agenda.

Raymond Miranda (Chestnut Ridge Road, Orchard Park)

Has purchased property on Chestnut Ridge Road near Armor Road and would like to build a Tim Horton’s. Although this property is outside of the Village and not within this Board’s jurisdiction, he hoped to clear up some concerns that have been brought to his attention, including traffic, business hours, aesthetics, parking and competition with Village businesses.

Howard Rost (S. Lincoln Ave)

Wished the Board Happy Holidays and asked if the November snowstorm has had an impact on the Village budget.

Director Slotman addressed his question, stating that there was some money in the budget for Natural Disasters which covered a portion of the expenses. Hopefully FEMA will reimburse a portion of the expense; we are waiting for a meeting with a FEMA representative.

Jackie Briggs was in attendance and Attorney Marshall spoke on a request from her to allow the Seniors to use a lottery and/or Bingo for fundraising. He stated that municipalities cannot authorize a lottery, nor do they have authority regarding Bingo.

Reports:

  • Building Inspector Sweet reported
  • He is attending training, Monday – Wednesday this week.
  • Village residents who are contracted with the Village for garbage can request additional/ larger recycling carts. There are no limits on recycling.
  • Director of Public Works Slotman reported that the DPW has been working many nights on snow removal and water main breaks.
  • Trustee Wales had nothing to report.
  • Trustee Hogenkamp thanked the Mirandas for their presentation.
  • Trustee Litwin had nothing to report.
  • Attorney Marshall had nothing to report.
  • Mayor Rood thanked the Village Board for appointing him Mayor at the last Village Board meeting and for their support.

Moved by Trustee Litwin, seconded by Trustee Hogenkamp, that the residency requirements for Election Inspectors for the March 18, 2015 Village Election be expanded to allow Election Inspectors to reside within Erie County, pursuant to Village Law § 3-300(2)(a). Public Officers Law §3, requires public officers be a resident of the municipality they serve.

On the question:4 voting “Aye”0 voting “Nay”Carried

Moved by Trustee Hogenkamp, seconded by Trustee Wales that the following resolution be adopted:

RESOLVED, that Terri Wittmann, Eugene Chelus, Janet Cope and Shirley Schunk be appointed Election Inspectors with David Tedescoand Clinton Holmes being appointed Alternate Election Inspectors, and

BE IT FURTHER RESOLVED, the appointed Election Inspectors shall meet for the General Election on Election Day, Wednesday, March 18, 2015 at the Orchard Park Municipal Center, 4295 South Buffalo Street, Orchard Park, New York from 12:00 noon to 9:00 p.m. EST, and

BE IT FURTHER RESOLVED, that the salary of each Inspector shall be $90.00 for the day.

On the question:4 voting “Aye”0 voting “Nay”Carried

Mayor David Rood appointed Matthew Hartung as Trustee to fill the remainder of the term of the Trustee seat that is vacant since his appointment to Mayor.

Moved by TrusteeWales, seconded by Trustee Hogenkamp to approve the Mayor’s appointment.

On the question:4 voting “Aye”0 voting “Nay”Carried

Trustee Wales and Trustee Hogenkamp expressed words of praise and support for Trustee Hartung’s work on the Village Planning Board and his involvement in the Community. Trustee Hartung was asked to take a seat with the Village Board.

Mayor Rood read the following:

WHEREAS, Governor Andrew Cuomo and the New York State Legislature enacted the Property Tax Freeze Credit to provide property tax refunds to homeowners as part of the 2014-2015 State Budget; and

WHEREAS, the new law encourages local governments to generate long-term tax-relief for taxpayers by sharing services, consolidating or merging, and demonstrating and implementing operational efficiencies; and

WHEREAS, in year one of the program, which is 2015 for local governments, homeowners will receive the Freeze Credit if their local government stays within the property tax cap; and

WHEREAS, in year two of the program, which is 2016 for local governments, homeowners will receive the Freeze Credit for property taxes from any taxing jurisdiction in which the homeowner resides that stays within the property tax cap and puts forward a State-approved Government Efficiency Plan demonstrating savings equivalent to one percent of their property tax levies in each of the following three years; and

WHEREAS, while local governments may take a variety of approaches to develop their Government Efficiency Plans, the State has strongly encouraged they convene and facilitate a process to develop and submit county-wide Government Efficiency Plans; and

WHEREAS, as exemplified in the recent establishment of the Buffalo Erie Niagara Land Improvement Corporation in 2012, this community has a history of receiving recognition by the State for demonstrating successful regional collaborations involving many municipalities; and

WHEREAS, Erie County has offered to coordinate the development of such Government Efficiency Plans as the ‘lead agency’ on behalf of all other interested municipalities; and

WHEREAS, the Village of Orchard Park is interested in intergovernmental cooperation with Erie County and other municipalities in submitting a county-wide Government Efficiency Plan and desires to memorialize its intention to participate in a coordinated Plan to allow its homeowners to receive the Freeze Credit.

NOW, THEREFORE, BE IT RESOVED that the Village of Orchard Park seeks to ensure that Village homeowners will receive the Freeze Credit as part of this new State law; and

BE IT FURTHER RESOLVED that the Village of Orchard Park has no intention of exceeding its property tax cap for fiscal year 2015 and memorializes that it has no intention of exceeding the cap for fiscal year 2016, which if exceeded would disqualify the Village from participation in the Property Tax Cap Freeze Credit Program; and

BE IT FURTHER RESOLVED that the Village of Orchard Park Board of Trustees does hereby express its support for, and participation in an Erie County-wide Government Efficiency Plan; and

BE IT FURTHER RESOLVED that the Village Board urges the New York State Division of the Budget to approve Erie County’s coordinated Government Efficiency Plan with local governments with the understanding that the Village of Orchard Park has played an active role in the identification of preexisting and implementation of new shared services, consolidations or merges, and operational efficiencies within the Village of Orchard Park for inclusion in the county-wide plan; and

BE IT FURTHER RESOLVED that certified copies of this resolution shall be forwarded to the Erie County Executive; the Commissioner of the Department of Environment and Planning; the County Comptroller; the County Attorney; the Director of the Division of Budget and Management; and the Association of Erie County Governments.

The next regular meeting is scheduled for February 9, 2015.

Moved by Trustee Hartung, seconded by Trustee Hogenkamp to adjourn at 7:40 p.m.

On the question:4 voting “Aye”0 voting “Nay”Carried

Respectfully submitted

Mary Beth Jensen

Village Clerk-Treasurer