Government in the Dark

What would you say if an elected official met with the municipality’s attorney over the holiday weekend to draft a resolution without the input most of the other elected officials.? Hoping to get the resolution adopted without much fanfare? Oh! And off course, said resolution would not be on the meeting agenda for the municipalities meeting.

“Can’t happen” you say, “There are laws about that kind of thing”.

“Ha!” your Auntie replies, “then you don’t know about MONROE and Supervisor Harley Doles.”

This is a great example, nieces and nephews, of why it is so important to keep an eye on things. In the Town of Monroe, we have a supervisor who, hoping that no-one would notice, put forward a resolution at a Monday night town board meeting. It was not on the agenda and, if things proceeded according to plan, the public would not have had an opportunity to comment on it because Doles moved the public comment period to the end of the meeting.

But not only is this resolution dangerous because of the treacherous manner in which it was introduced; it is the content and legislative aim of the resolution that highlights its perilous nature.

Let’s take a look at the resolutions from the Monroe Town Board and the Village of Kiryas Joel Trustees. (And off course, the language is similar but the one from KJ is just a bit clearer on the quid pro quo. Oops, your Auntie Alibi is jumping ahead, just a bit!)

The Monroe resolution, which was not carried because of the 2-2 vote, has very flowery language. The Town of Monroe “cooperatively, diligently and respectfully and fairly achieve” something UNETHICAL, IMMORAL and possibly ILLEGAL. The flowery language is also contained in the KJ resolution, which is even more explicit in the QUID PRO QUO. From the KJ Resolution:

 

 

 

So, the story is this: IF the Town of Monroe no longer disputes who is lead agency in the annexation issue, then the Village of KJ will keep the Monroe Board “in the loop”. And IF annexation should happen, then the Village board will file “home rule requests or other appropriate legal actions to form a separate and independent municipal government…”.

Now do you really trust that KJ, with their horrific environmental record (Chicken plant, raw sewage leaking onto lawns, the KJ pipeline, the Woodbury water towers and general lack of adherence to SEQRA- all documented) is going to diligently prepare an EIS? Remember SEQRA is basically “self-policing”. The only enforcement comes from the outcry of citizens, not the State Government. Also, just look at any EIS that they have prepared to get a general idea of the village’s agreement to “require the preparation of an Environmental Impact Statement and involve the Town in the environmental review." (Interesting to note they will  “require” something that is already required by the State-how sporting!)

Auntie would like to point out: Everyone is thinking that this “separate and independent municipal” entity means “TOWN”. Just where does it say that in the resolution? Aha, it doesn’t!!!

“Oh Auntie’ you say, “It can’t mean ‘city, NY hasn’t allowed the formation of a new city since the early 20^th century!” Auntie says “Think again” IF KJ asked Governor Cuomo for a city, do you think he will say ‘no’?

And please note, my attentive nieces and nephews, CITIES have special powers including annexation without the hindrances that a town has. CITIES get to do more in special circumstances involving…wait for it…Sewer and Water! Even if it intrudes into neighboring municipalities!

From the Laws of New York: General City:  

    § 20. Grant of specific powers.  Subject to the constitution and general laws of this state, every city is empowered:

    1. To contract and be contracted with and to institute, maintain and defend any action or proceeding in any court.

    2. To take, purchase, hold and lease real and personal property within  and  without  the  limits  of  the  city;  to  acquire  pursuant  to the  provisions of the eminent domain procedure law, real property within  or  without  the  limits  of  the city for the construction, maintenance and  operation of a sewage disposal plant, together with necessary rights  of  way  for  extending  its  sewage system to, and connecting the same with  such disposal  plant,  to acquire  or  purchase  real property and/or personal property within or without the limits of the city necessary for  the construction, maintenance and operation of a water supply system for such city together with necessary rights of way for extending its water supply system to and connecting the same with a source or sources of water supply; etc. (underlines, ours)

And even if KJ attempts to form a town, there are major disadvantages to that as well. Do you want a Town of KJ that, for example, has its own assessor? Just think, ALL of the new town could have the religious exemption! (And then the State and the Federal government could step in to subsidize the new Town.) At least when the assessment issue happened in the VILLAGE of Kiryas Joel, the Town of Monroe eventually did something about it. We will not have that capability if they change municipal status. Also, it is bad enough that we have a Village as a theocracy, but a Town theocracy gives Auntie and the team the shivers. And yes, theocracy is illegal in NY and the US but is anyone stopping it?

And their so-called “solution” for the bloc vote is pure nonsense. KJ will still have the bloc vote in County, State and Federal elections. And there will be poor little Monroe saying “but at least we control our town.” A lot of good that will do for you, especially if someone strongly supported by KJ gets into that vacant assembly seat (someone whose nickname rhymes with “Suza”)

“Natural growth” is also utter nonsense. There are many articles acknowledging the influx of Satmar from Brooklyn. Just take a look at the changing landscape of Brooklyn: “gentrification” is occurring and the Satmar are leaving. Where are they going? KJ!!! And it is still a close enough commute to NYC.

  http://www.bloomberg.com/news/2014-05-09/hasidim-spark-backlash-in-nyc-exurbs-that-entangles-cuomo.html

We have a municipality that finances major projects through potential fees obtained by a possible annexation, a municipality that shamelessly seeks a quid pro quo arrangement so they can just roll over on their neighbors, a municipality that ignores the law when it suits them, asks for adherence to the law when it suits them. And they stomp on the environment in the process. And KJ also gets government funding to separate women from men according to their practices. Whatever happened to “Congress shall make no law respecting an establishment of religion…” This clause in the first amendment protects ALL of us by preventing a Government sponsored religion which could demand adherence to one particular religious creed.  

And the NY times can’t understand why KJ’s neighbors do not want to tolerate such disregard?

(“Tolerate”, Auntie can just see some cub reporter from the Times thinking “Hmmn, they don’t want to tolerate KJ, so they must be intolerant due to their religious prejudices”. Yes, Auntie still gets annoyed with anyone having a conclusion first and then selecting facts to support the conclusion.)

Let KJ double their size and watch the magic as they suddenly become good neighbors. And as they change municipal status they will become Bigger, Stronger and Unstoppable.

And what are YOU going to do about it? (legally, that is)

For full copies of the resolutions  and interesting article go to:

http://www.recordonline.com/apps/pbcs.dll/article?AID=/20140709/NEWS/407090331/0/SEARCH