Tuesday, October 23, 2007

ROLLER COASTER RIDE IN ALDEN

Well Folks,
What a roller coaster ride we have been on for the past 15 months; with the past few days being no exception. And the ride doesn't appear over either. We'll review some of the most recent events, and look ahead to the future.

Tuesday, October 9-Planning Board voted to recommend that the Town Board NOT rezone the Martin Farm (five present attendees voted unanimously, absentee members (Sanok & DeWitt) did not vote.

Monday, October 15-We were advised, immediately following the Planning Board vote, that the Town Board would vote on this day. So we emailed our members. Then on Monday morning we were advised that the vote would be postponed in order that the Board could discuss possible litigation, and other details. So we emailed our members again. Then at approximately 3pm on this same day, we were advised that the Board just received a letter from Russo Developers advising of their decision to withdraw their request to rezone the property.

Our apologies for the constant change; however, as you can see, this is beyond our control. Due to YAHOO limited mass-mailing restrictions within a 24 hour period, there wasn't enough time to "get the latest word out". Here is a perfect example of why you should be at as many meetings as possible, because you never know what can happen.

So, did we win????
Well, yes and no. We won this first battle, but the war isn't over. Because Russo withdrew his request to rezone the property, he can resubmit his request at anytime. If he had waited for the board to vote, and it was turned down, he would have had to wait at least one year to resubmit. And remember that he has said all along that he will build on the first 500 foot frontage that has been zoned commercial since 1997. Albeit, not a super-center.

Yes, we won, in that the ARRG has taken a position in the community and proven that we are a force not to be ignored. Members are now actively involved in numerous governmental activities and committees which will steer the future of the town in the right direction; a town run BY the People, and FOR the People. Examples:

1) Town Board Establishes Windmill Committee (copied with permission from Alden Advertiser/Vikki G Weisbeck)
Any resident of Alden who has ever considered harvesting the sky for energy may want to thank (ARRG members) James Guarino and Eric Chaffee (and Sheldon resident) Mark Moore for their research and input they have been providing to the Town Board on the proposed windmill law. Without their input, the law may have been adopted as is, without proper professional opinions and research.

On their own time, these residents have taken the initiative to review the law and critique its wording. Chaffee, who has a working residential windmill on Cayuga Creek, and Guarino have presented to the town in writing, areas of the proposed law that may be too harsh or impractical for residents who merely desire an alternate energy source. In addition, some of the requirements are unnecessary according to Chaffee.

Chaffee and Guarino have been at several meetings to present their findings and offered to assist the town with the language in the law. Moore is concerned with town wording the law property to keep commercial wind farms from popping up everywhere in Alden.

Supervisor Ronald Smith, who agreed there are some issues with the law, suggested that a committee be formed that would include interested residents, a board members, and the town engineer. The committee's task would be to review all aspects of the proposed law and to come up with ways to allow residential windmills in areas with adequate space while protecting the town from commercial wind mill farms. Once the law is fine tuned it will be presented to the board.

The Town Board approved the formation of a Windmill Citizen Advisory Committee at it meeting on October 15. Anyone wishing to participate in this committee should call the Town Clerk or Jim.

2) Right-to-Farm-Law Revisited (portions below are copied from the Alden Advertiser with permission from Vikki G Weisbeck, author)

ARRG member, James Guarino addressed the Board at the October 10 work session requesting that they review the Right to Farm Law. This issue was brought up before, but the Planning Board determined that the town law would only duplicate the state and county law.

Guarino, explained to the Board members that this is not correct, in that neither the county nor the state would provide any personnel to solve matters of dispute. He recommended that our Town Law would include the creation of a local review board, with farmer representation (among others) to address complaints and attempt to resolve any nuisance issues by determining if the practice in question is standard and accepted farming methods.

Jim pointed out that these complaints will likely to become more frequent as subdivisions become more common in our area. He added that even some farms which have been inactive for years, may become active again with the advent of the new demand for corn production for ethanol.

This law would provide farmers as well as families with livestock (horses, chickens, etc) for their own personal consumption. The law would cover the entire town, not just agricultural districts.

This law will (along with the state and county) recognize the importance of agriculture, that standard practices include odors, dust, noise, etc, and that farmers should be allowed to conduct their business without the threat of nuisance litigation. This protection would help avoid nuisance complaints from new residents who may not appreciate the entire rural experience and doesn't expect the reality that goes along with the view.

Jim explained that several towns in WNY (including Marilla) have passed their own individual RTF Law and all have expressed their pleasure that they did. He also explained that some communities have met with their local real estate agents and now these agents include a notice to their home buyers that they must be aware that they are moving to a farming community and that the farmers have a right to operate their businesses.

Jim has formed the Alden Right to Farm Committee, and has volunteered these members for the advisory committee, including John Oles, Gerald Aldinger and Jim Foss. Others are welcome to volunteer by contacting Jim.

Supervisor Smith explained that when the Planning Board originally recommended AGAINST the law, they may not have had all of the information and input that was now being presented, and certainly made no mention of a volunteer advisory committee, to take the burden off of the Town Board.

For a local law to be approved it must go first to the Planning Board, so Supervisor Smith is now sending this issue back to the Planning Board with this new information. Guarino will be added to the agenda for the next Planning Board meeting, Tuesday November 13. Please plan to attend this meeting, and support our local farmers, which will ultimately SAVE ALDEN.

For more information on the County RTF Law, visit http://www.erie.gov/laws/righttofarm.phtml
For more information from the Erie County Farm Bureau, visit
http://www.erie.gov/laws/righttofarm.phtml

3. Open position on the Planning Board

At the October 10 Work Session, Planning Board Chairman, Ralph Witt announced his recommendation of Gary Wagner to the open Planning Board position left vacant by the untimely death of Russell Savage. Several in attendance at the meeting, and over the next few days, expressed their displeasure with the process for choosing a candidate for the position.

There were at least three or four ARRG members who had volunteered for this position, and none of which were ever contacted by anyone at the Town Hall with any questions, or requests for interviews. When asked several weeks ago as to the qualifications, the response was "that there are no qualifications"; however when the announcement was made of Witt's recommendation, it was explained that this person "had the most qualifications".

Thanks to several of you who took the time to express your displeasure in the method of the selection, Supervisor Smith postponed their decision, and revisited the candidates' submissions.

It should be noted that a Planning Board position (of which there are seven) is a SEVEN year term (appointed) with one new member being renewed (re-appointed) each year. When a Planning Board member's term is complete, she or he is simply reappointed, without the public given the opportunity to apply for the position or without publication of this person's voting or attendance record, nor are their credentials made public.

Hopefully, after careful review, the Town Board will elect someone from the ARRG to the open position on the Planning Board. If not, then we need to be ever more vigilant in the decision put before them. It was also pointed out to the Board, that there is currently no one on the PB representing the agricultural field, helping to balance out the spectrum of the members.

4) ARRG MEMBER MICHELE HOFFMAN ANNOUNCES THAT SHE IS A 'WRITE IN' VOTE IN THIS NOVEMBER'S ELECTION FOR ONE OF THE TWO OPEN POSITIONS ON THE TOWN BOARD

The Town Board has two positions open this year and the top two vote-getters will win those seats. You have the option of voting for one or two candidates. Voting ONLY for Michele will ensure a larger margin between her and the opponents

IT IS MORE IMPORTANT NOW THAN EVER TO HAVE AN ARRG MEMBER ON THE TOWN BOARD!

"We have won the first fight, but there will be more. Since Mr. Russo withdrew his rezone application, he can come back with another proposal at any time. If the Town Board would have voted no, he wouldn't be able to for a minimum of 12 months. We need a "big box" law that limits the size of stores. Remember, the first 500 feet of the farm is already zoned commercial. Let's change that too." -Michele Hoffman
.
Why a "write-"in vote?
"With a "write-in" vote, my only obligation is to the taxpayer, not to any political party. All registered Town and Village residents are eligible to "write-in" regardless of party affiliation." -Michele Hoffman


How to write-in your voteAfter you close the curtain in the voting booth, you will see the line that lists the offices (County Judge, County Executive, County Legislator, Town Justice, Town Councilman, etc.) Above these offices, you will see a horizontal row of numbered slides. There is one slide for each office column. Behind these slides - inside the machine - is a roll of paper on which you can, by raising the slide, write in a candidate's name. Please write in, Michele Hoffman behind one of the two slides over Town Councilman.

You are allowed to take paper, and a pen or pencil in with you. If you need assistance, you can either take someone in with you, or ask one of the Inspectors to assist you. The Inspectors can lower the booth for you too. Let them know before you go into the booth. There should already be a pencil in every booth, in case you forget to take one with you. There is a sample sheet on the wall at each polling place that you can view before you go into the voting booth.

To learn more about Michele, visit her weblog at www.michelehoffman.blogspot.com
Michele has a few signs still available for display in front yards. Please contact her at 937-9046 if you can show your support by posting a sign in your yard.


AND WHILE OUR BACKS WERE TURNED, AND WE WERE FACING WEST...
The ARRG has recently learned of a new direction being taken in the controversial Broadway rezoning and possible "Big Box" development.

We’ve recently obtained the monthly Director’s reports from Economic Development Committee (which is comprised of two representatives each from the Town and Village Boards, Chamber of Commerce, one business owner, one resident, two individuals with economic development skills, and the School Superintenden) through the Freedom of Information Law from April 2004 to May 2007. There were several months "missing" with no explanation, including June-Sept, 2007. (Meetings are not open to the public, in case you were wondering).

The purpose of our inquiry was to find out what they have been doing to try to fill the Ames Plaza, because we have a Scouts Committee who are concentrating on this effort, and wanted to reinforce whatever potential businesses they might have contacted previously.

However, these reports revealed much more than what we had anticipated. It was revealed first off, that it was the Economic Development Committee who repeatedly approached Wal-mart (for over one year) to come to Alden.

But most alarming news was that even PRIOR to Russo presenting his request to rezone the Martin Farm and to bring "Big Box" to the community, there were ongoing discussions with Wal-mart to be a part of the "mixed land use design of traditional neighborhood concept with a city/village square to supplement the area" in the southwest quadrant of the Village, from Slade Drive (behind Tops) with nearly 300 acres, East to Exchange Street. This real estate has been accumulated under the ownership of one individual over the past few years. (This is approximately three times the size of the Russo/Martin Farm). This project is to have "diversified housing types, in conjunction with anticipated village needs".

This new direction should be considered interesting to the vocal Alden population that has been asking for rejuvenation of the existing historic Alden Village business district, as well as focusing development efforts to area of Alden identified in the Village's Comprehensive Plan.

What concerns us however, is the secrecy with which these discussions have been held. Not in public meetings. At this time, so little of the specifics are known that we have been unable to form an opinion of the project. Other then the natural suspicion as to the legality of or the reasoning behind the private meetings and denial of any knowledge by persons named in these reports. These reports are public domain, and therefore if you would like to know more information, please contact us.

The ARRG will now shift focus to ensure that the site plans for the proposal include building size and design consistent with the desires of the Alden community, inclusion of green space and protection of the identified wetlands. This is also a step in the right direction in establishing the importance of Alden's valuable resources; namely it's people!

We'll keep you posted as more information is obtained. In the meantime, we suggest that you switch your focus to attending VILLAGE meetings and asking THEM questions, since this new project is within the Village limits. In light of this newly obtained information, it now becomes clear to us why the Mayor and the other village officials' canned response when questioned about the activities behind Tops, and "the Tubes on Exchange St" and their lack of concern about the Russo/Martin project was always "We are not at liberty to discuss it at this time."


And NOW...Assemblyman Cole wants to meet YOU!
On Thursday, October 25 from 6-8pm Assemblyman Cole will be at the Alden Town Hall to discuss suggestions or concerns relating to New York State, Western New York, and Erie County. "By bringing state government to the people and sharing ideas about a better New York, we can overcome obstacles and achieve great things together".

How ironic are these words, coming from him NOW! We couldn't help but notice how Assemblyman Cole was conspicuously absent and silent during the past fifteen months during our Russo/Martin rezoning issue.

In April of this year, he introduced two amendments at his Assembly Minority conference to "improve the business climate for small businesses in NYS." This legislation was aimed to attract new ventures to the state by eliminating burdensome taxes and making it more affordable for current small businesses to operate.

Ironic, that in his own home town, maneuvers were in place (prior to his departure from the Alden Town Board and arrival in Albany) to encourage Big Box Development, which ultimately serves to destroy the small businessman.

One must question his almost immediate return to Alden for a Public Meeting after the hotly contested issue of the rezone decision is complete just days earlier. Did his family connection with the Planning Board Chairman, who most obviously was in favor of this project, play a roll in his lack of participation in this issue? Or was his lack of participation due to his (possible) roll in the acquisition of Wal-mart to the "Village Project" that we now are aware of? These are questions that you could ask of Assemblyman Cole when you attend his public meeting this Thursday, October 25 from 6 to 8pm.



PUBLIC HEARING NOTICE
The Town Board shall hold a public hearing on the proposed budget and Special District Budget on November 5 at 7:35pm and 7:45pm at the Town Hall on Wende Rd. The budget will show proposed changes, alterations and revisions. At such a hearing, any person may be heard in favor of or against the special district budget as compiled or for or against any item(s) therein contained. Citizens have the right to provide written and oral comments and ask questions concerning the special district budget and the entire budget and the relationships of entitlement funds.

Handicapped citizens or senior citizens who require assistance in attending said public hearings, or in furnishing comments and suggestions, should contact the Town Clerk Dorothy Bycina.

Citizens are entitled to review the proposed budget PRIOR to the November 5 meeting, by visiting the town hall during regular business hours, and requesting to review the proposal.

November 5 is also the Regular Town Board Meeting, which will immediately follow these public hearings.

We're off the hook, for now....
We got lucky this time with the Martin/Russo issue, but just look at our neighbors who aren't so fortunate as us. This is why we have to stick together and keep working on what's around the next corner...
http://www.buffalonews.com/cityregion/southernsuburbs/story/187749.html
Rite Aid sues over denial of permit in Elma (Oct 20, 2007)
http://www.buffalonews.com/cityregion/easternsuburbs/story/185416.html
In reversal, Board OKs Tim Hortons Lancaster (Oct 20, 2007)

YOU ARE RESPONSIBLE FOR THE SUCCESS OF THE ARRG!!

The ARRG members have established their position in the community with their tireless participation in the recent opposition to the rezoning request at Broadway and Four Rod. Hundreds of citizens came together with a variety of knowledge and skills for one common goal; namely RESPONSIBLE growth.

Andrew Carnegie said, "Teamwork is the ability to work together toward a common vision. It is the fuel that allows common people to attain uncommon results" and we applaud the successful efforts of the ARRG members for their teamwork, determination, sincerity, and vigilance for the past fifteen months. Some were able to help more than others, but every signature, every letter you wrote, every phone call you made, every sign in your yard, every meeting you attended, every dollar you donated, all added up to success.

We encourage everyone to continue your volunteerism, ensuring a bright future for Alden; one that abounds with RESPONSIBLE growth, while maintaining the individual character of our community.

THANK YOU!!!
(Watch for announcement date of an ARRG member meeting coming soon. You deserve a chance to get together to talk about what we've all be doing, and what we can do in the future).

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