‘OG’ Brian Kulpa is back! $5.9+ million of taxpayer debt for 33 acres of land; softball diamonds
‘OG’ Brian Kulpa is back! $5.9+ million of taxpayer debt for 33 acres of land; softball diamonds
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The town board led by Brian Kulpa, with his side partner deputy Shawn Lavin are back, or maybe they never really left. They have laid low for most of the year as residents were attentive and rightly upset over the board’s 11.4% ($275 per household) tax increase for 2024, the board’s, clerk’s, and overall administration’s arrogant manners, and the opaque ways of spending, building, and constructing the residents’ town. However, now that people have either gone about their lives, happy with a $27 tax decrease coming off of the $275 increase, or even those people that have foolishly been tricked and recently praised the board to now be acting and managing well = the original gangster ways of Brian Kulpa and crew is back!
Last minute change to the 2024 Capital Improvement Program [CIP]
First announced on Wednesday, November 27, 2024, the town board is on deck to bat on a major action on Monday, December 2, 2024. Before the end of 2024 (that’s less than 21 business days away from writing this, it’s the bottom of the ninth), the board is looking to;
change 2024 CIP to add a surprise $5.9 million of spending,
acquire 33 acres of land from 2 properties,
approve a 5 year $5.9 million bond to be issued immediately to be paid by property taxes.
All of the above, scheduled to happen with less than 10 business hours before voting.
Board members, silent.
Amy Wallace of the Amherst Bee, silent & clueless.
Oh, by the way – no, you don’t get a public hearing – no, you don’t get to discuss if this is right for the town - no, you don’t get reasonable & detailed notice of what is going on and why – no you can’t do a permissive referendum. As Michael Szukala infamously stated twice, residents are irrelevant.
University at Buffalo, UBMD Orthopedics & Sports Medicine, & Softball Diamonds
How many residents have heard about the upcoming plans & project at and around 330 Maple Rd. (think of the old gun club range at Maple Rd. in-between the Northtown Center entrance and Audubon. Golf Course/Range? How many residents have heard about UBMD’s 716 Sports indoor training facility?
How & when is this happening?
The 2024 Capital Improvements Program [CIP] has never included a projection or expectation for the purchase of 218 or 330 Maple Road, 33 acres. Never. Supervisor Brian Kulpa and his silent side-kick deputy supervisor Shawn Lavin (both of which who preach they are upfront and transparent with the public and the taxpayers’ money, Shawn Lavin even proposed and voted for a superficial transparency law) have never once publicly mentioned their full intent or plans to purchase these properties, for how much, when, for who, or in-full why. However, Brian Kulpa is planning to motion a last-minute resolution [2024-939] under the consent agenda (PDF finder pages 4 & 202) to change the 2024 CIP (yes, this year’s current CIP that ends in less than 21 business days) in-between Thanksgiving and Christmas, to add $5,900,000 of town debt immediately before the end of the year. This was first published on Wednesday, November 27, 2024 and will take place on Monday, December 2, 2024. The town was off on Thursday, and is off on Friday until Monday – meaning this news was published with less than 10 business hours before the work session and town board meeting for votes.
What else is on the agenda for Dec. 2, 2024? Everything needed to acquire the property. The aforementioned CIP resolution to do a last minute add of $5.9 million, the first time brought to the public’s attention. Also, included from the town interim attorney Sam Alba is a resolution [2024-943] (PDF finder pages 5 & 209) to acquire the properties from American Campus Communities [ACC], as well as the resolution [2024-944] (PDF finder pages 5 & 281) to move forward with the authorization to issue the debt needed ($5.9 million) to purchase the properties. All of this is scheduled to happen in one shot, under the consent agenda with absolutely no public hearings, no public discussions, and no public distribution of plans or how this will impact taxpayers’ wallets, the levy, and the property taxes.
Pro-active public transparency in the process & permissive referendum option?
The described supervise agenda is evidence that the board has zero respect for taxpayers and is back, or continuing, to their habitual ways of ramming through as quickly and quietly, enormous projects and financing – taxpayers’ and resident thoughts irrelevant. Transparency non-existent. The board has sat patiently for the hoopla of the 11.4% tax increase that lasted for 6 months to die down, for the 2025 budget to look relatively modest with a ~$27 tax decrease after the ~$275 tax increase the year before, for residents to either go about their day-to-day lives or believe the act the politicians have been putting on for the last few months, and for the busy holiday season to take a single quick swing for a grand slam for these three resolutions to get adopted without anyone noticing or being able discuss openly.
This is a consent agenda bond resolution; can residents do a permissive referendum to stop the bond? In short, no. Projects with a debt maturity over 5 years, not in a special district, become effective after a 30-day permissive referendum period, which begins the day of Town Board approval of the bond resolution. However, this bond structured to be equal to or less than 5 years, so therefore there is no permissive referendum recourse option for residents. Taxpayers’ voices/thoughts regarding their town of Amherst public servants going into $5.9 million of debt and using tax money to purchase town land is worth nothing.
In 2021, the below map is what the properties looked like.
- Where UBMD 716 Health is now was a soccer field and two baseball diamonds.
- Where the two softball diamonds are (below the soccer field) now is parking lots.
- The left side of the 330 Maple Rd. property is now 4 softball diamonds.
The below map is the most recent ariel view from google maps on what the properties look like. I have added additional figure boxes with descriptions of what is currently on the plots of land and my most feasibly projected future of the properties.
- Where the 4 baseball diamonds are (red, fig 4), this will be sold from the town of Amherst for UBMD to purchase for their 716 Sports indoor facility, with use of parking to the left (yellow, fig. 1) and softball diamonds (yellow, fig 2) through a lease with the town of Amherst
- The 33 acres owned by American Campus Communities [ACC], 218 Maple Rd. (grey, fig 5) and 330 Maple Rd. (blue, fig 3) are scheduled to be bought by the town of Amherst for $5.9 million
- The 4 baseball diamonds that will be purchased by UBMD (red, fig 4) will no longer exist, however the town of Amherst will be able to build 4 new ones just like already exist at 330 Maple Rd. (yellow, fig 2) in the dotted black box and build parking and a maple entrance for an all in one town owned baseball facility that connects to the town owned parks dept (white, fig 6), the town owned Audubon Golf Course and range, and directly across (Maple Rd.) from the north end of the town owned Westwood property
- It is possible the town will sell off the 4 diamonds (red, fig 4) for up to or beyond $5.9 million, which would partially or in total cover the town’s cost to purchase 218 Maple Rd. and 330 Maple Rd. in the long term.
Below photos from the lender presentation further support the thought that the 716 Sports complex will be where the current 4 diamonds are (behind UBMD’s 716 Health, across from the Northtown Center, with the parking lot already existing to be leased from the town. The new 4 softball diamonds at 330 Maple Rd. that the town is looking to purchase and that the lease agreement would allow UBMD to use are where the arrow points to, again supporting that the 716 Sports complex makes more sense to be located in this area rather than at 330 Maple Rd.
Why would the town buy more land, almost right across from Westwood Country Club?
The town board of Brian Kulpa, Shawn Lavin, Angela Marinucci, Michael Szukala, and Jacqui Berger, that preaches they are more transparent than ever, and have some parties actually believing them, have been working behind scenes with a University at Buffalo Medical Department [UBMD] team to make sure they get a sports complex facility.
A lender presentation and letter of intent (see attached files here) notes that a team has been working along with the Amherst town board, with intents of leasing agreements and more to build a $67,000,000 [$67 million] indoor sports fieldhouse. The town board has left the public in the dark once again.
Possible financial impacts
The plan of financing the cost to acquire the properties includes the issuance of bonds (loan or debt) in the amount of $5.9 million to finance the purchase of property. How does that debt get repaid? The levy and collection of taxes on all the taxable real property in the town will be used to pay the principal payments and interest expenses of the debt. A quick and brief overlook given the information we know currently, that could mean up to $6,375,614.57 in total cost to the taxpayers and town over 5 years with a 3% interest rate, just to purchase the land – not to even build more diamonds, parking lots, entrances, convivence stands, locker rooms, etc. or use it in full for the public. It is possible that the town will recoup partial or all costs if they sell off the other land to UBMD, but again – it’s all unknown given the lack of transparency by Brian Kulpa, Shawn Lavin, and the board/admin.
- For reference, the 171 acre Westwood property was purchased with a $7.85 million, 30 year bond and averaged a cost to taxpayers $10.59 more a year for 30 years. This proposed bond is for $5.9 million, but due in only 5 years.
The upcoming Dec. 2, 2024 vote for resolutions
All bond authorizations must be approved by a super-majority (2/3 of the board’s voting strength, or 4 board members in the case of the Amherst Town Board).
My, the Amherst Budget Minder’s, guess is if the resolutions go to vote as scheduled, if Shawn Lavin votes no to them – it is a tell-tale sign that he is gearing up for a run for town supervisor in 2025 and will put on an act to vote no for fiscal responsibility or transparency/public involvement while the others vote in favor to pass it anyways. This would give Lavin an excuse if it was ever brought up during his campaign.
Conclusion?
The town board led by Brian Kulpa and Shawn Lavin do not wish to engage with residents, the community in whole, and are not open about their intents and projects with the town and taxpayer money. After a year of them trying to convince people they are transparent and respect residents, they have shown their true colors that were on pause by throwing a surprise 3 resolution, 1 shot, during holiday season, 2nd last meeting in 2024, $5.9 MILLION tax funded bond, with hopes as little residents would ever notice as possible.
More information regarding the UBMD build out and North Maplemere Rd. expansions, parking lots, etc. will be posted on this website and blog in the coming future.
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Additional notes:
ACC ownership of the properties
218 Maple Road sold in May of 2012 for $500,000
330 Maple Road sold in May of 2012 for $10,500,000
Town of Amherst to purchase both (remediation is already done) properties (33 acres) for $5,900,000
Westwood Property (171 acres) was purchased by the town for $7,850,000
Does this UBMD/Town athletic behind scenes work sound a bit familiar?
In 2023, the Amherst town board, led by supervisor Brian Kulpa alongside his now deputy supervisor Shawn Lavin, put the town of Amherst in $7,160,000 [$7.2 million] of taxpayer debt to build a sports complex, primarily to benefit Daemen College at the already town owned property known as Royal Park. See below photos of the development plan.
That bond resolution was voted on February 13, 2023 (in favor, unanimously). The adoption of the bond resolution did not require a public hearing to be held because the improvement is a town improvement not involving a special district. The town board moved forward with the projected without holding discretionary public hearings to have the taxpayers paying for the development involved with the project. As of November 28, 2024, that project is well under way, with construction move rapid to finish the sports complex likely before Summer 2025.