11/15/2023
Our decisions affect people, not just parcels. My full statement on the planned annexations between the Town and Village of Orchard Park is below.
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Orchard Park, NY - Town Board Member Conor Flynn today expressed significant reservations and raised important concerns regarding the premature public hearing held for the proposed annexation of several Town parcels into the Village of Orchard Park and several Village parcels into the Town of Orchard Park. Flynn underscored the importance of adhering to the core legal standard that assesses whether any annexation is genuinely in the public interest.
"In the evaluation of annexations, we must apply the legal standards which dictate the assessment of the 'benefit or detriment to the annexing municipality to the territory proposed to be annexed, and to the remaining governmental units from which the territory would be taken,'" stated Flynn. "This assessment includes a comprehensive consideration of municipal services such as police and fire protection, health regulations, sewer and water services, public utilities, and public education."
Flynn emphasized that neither the Town nor the Village has met the requisite burden of proof to demonstrate that the proposed annexation is in the overall public interest. He cautioned against the premature scheduling of a vote on January 8th, highlighting the absence of essential steps in the annexation process.
"There is a right way to handle annexations, commencing with an acknowledgment of the potential necessity of annexation and subsequent commissioning of studies by both municipalities to thoroughly review the potential annexation," Flynn explained. "Only after a thorough examination by both parties should a public hearing even be considered."
Flynn drew attention to the glaring absence of studies commissioned by either the Town or the Village to evaluate the properties proposed for annexation. Furthermore, he expressed serious reservations about the introduction of a private "opt-out" provision, which he argued undermines the credibility of the claim that the annexation is in the public interest. He drew further attention to the fact that the public hearing held on November 13th, the same night as an in-town NFL football game, never followed the correct procedure to start the meeting or begin the public hearing portion of the meeting. This procedural failure creates even more risk to Town and Village taxpayers if either or both municipalities move forward with the January 8th vote to annex and disaffected property owners file lawsuits. Moreover, the decision to limit public comment to only potentially-affected properties creates significant 1st amendment free speech concerns: All Town and all Village residents would be affected by this decision and deserve to have a voice.
Several months ago, Flynn advocated for addressing the issue through a shared services agreement, a position he continues to uphold as the most effective and collaborative approach. He urged the Town and Village not to proceed with a vote on January 8th, emphasizing that the required public hearing never validly occurred. Flynn stressed that a rushed annexation without proper due diligence and adherence to established procedures could expose the communities to unnecessary legal battles, putting the burden of legal costs on taxpayers.
"Proceeding with annexation without the requisite due diligence and adherence to proper processes places our communities at risk and may lead to avoidable legal entanglements," concluded Flynn. "I remain steadfast in my commitment to exploring sensible and collaborative solutions, such as a shared services agreement, to ensure the best outcome for our residents and the overall well-being of Orchard Park. It is important to remember that our decisions affect people, not just parcels."
