Fair Housing, RULIPA, and Other Laws About to Be Violated

Part 2 of our coverage of the June 3rd, 2024 Town of Monroe Board meeting and a note concerning this Friday's Village Board meeting in South Blooming Grove.

Welcome back.

Here is part one of my coverage of the June 3rd, 2024 Town of Monroe Board meeting.

Before we get into part two, I wanted to touch on something real quick:

This Friday, at 10:30am, the Village of South Blooming Grove will hold their meeting. It was supposed to be held on June 10th, but again, was cancelled at the last minute and hastily rescheduled for Friday morning at 10:30am.

Why, might you ask?

Because the topic of this particular meeting is the Fair Housing Act. Specifically, the Village is (or soon, will be) in need of passing a resolution that affirms their support of the law and pledge to uphold it.

They need to do this in order to qualify for specific types of grants. (The Town of Chester recently passed a similar resolution for the same reason, in order to apply for such a grant.)

There is likely also going to be a discussion concerning The Religious Land Use and Institutionalized Persons Act (RULIPA.)

RULIPA is basically used in our area by wealthy developers in the Haredi community to ram through zoning and other changes. Even if those zoning and other changes are objected to by residents and the municipality. See:

RULIPA is a dumb, unconstitutional law passed by a president who’s time in office continues to grow worse and worse in retrospect. (Can you guess who I’m talking about? Hint: It’s not a Republican.)

Marcia A. Hamilton’s article on why RULIPA is BS can be found here.

Ten years ago, Orangetown in Rockland had a big meeting on RULIPA that you can see here.

Just a note though, the video has an odd loop. It features the first presentation twice. No. I don’t know why either. Start the video at 34:07 instead.

So. Yes. The fact that the meeting was moved to 10:30am on a Friday morning should tell you the Village is about to pull a fast one.

If you’re able to, I hope you’ll attend this meeting.

If they claim to support Fair Housing, you should ask how this will be enforced. Especially at the properties being put up by Blooming Realty and others.

It’s one thing for Joel Stern and Isaac Ekstein to claim they are following Fair Housing Rules and Regulations.

It’s another for their pals in the UJC (Blooming Realty) to only rent apartments to haredi members of the community and nobody else.

That’s a clear violation of the law, and it is worth asking about.

There’s 50 years of history to demonstrate that this is a common practice in Rockland, Sullivan, and Orange County among haredi landlords.

How is this board going to make sure that doesn’t happen in South Blooming Grove, which is a violation of the Fair Housing Act.

One last SBG note …

As your local journalist, and not a blogger, I’ll be at this meeting. So, in advance, I sent some questions to South Blooming Grove Mayor, George Kalaj, to answer:

Mr. Kalaj,

This Monday's meeting was cancelled at the last minute, and was rescheduled for Friday Morning at 10:30am.

I understand the Village Board may desire to pass a resolution affirming its compliance and support of fair housing rules and regulations.

I also understand that RLUIPA will be discussed concerning Mr. Isaac Ekstein's 1 Roanoke Drive project.

Can you explain why this information had to be gleaned from speculation and residents instead of an official agenda posted on the Village website?

Can you also explain why no agenda has been made available on the website for this meeting?

If it's true these items will be discussed, I am requesting that the following questions be answerd as part of the upcoming meeting, and time should be placed on whatever agenda there may be to answer them:

1. Can Mr. Isaac Ekstein explain his relationship to Mr. Lazar Schvimmer? Mr. Schvimmer is shepherding the 1 Roanoke Drive project, and Mr. Ekstein — the congregation president located at 1 Roanoke Drive — is a tenant of Mr. Schvimmer.

Can you explain to the public how this is not a conflict of interest?

2. Can Mr. Eckstein explain why Mr. Schvimmer has not disclosed Mr. Eckstein's connection tot this project on all forms submitted to the village, as required by NYS Muncipal law?

3. The DEC has stated that the green space deeded to the Village was meant for storm water management. The deed of the Green Area states that it must remain forever green.

Under RULIPA, the applicant must demonstrate that a substantial burden exists, and that no financially feasible alternatives exist.

Mr. Ekstein may desire to build a parking lot into this green space in order to serve his congregation.

Can Mr. Ekstein explain to the public how the green area has created a substantial burden and that there are no financially feasible alternatives available to him in order to add more parking?

Can he explain how the alleged need for additional parking qualifies as a substantial burden? Has he supplied the Village with traffic studies or other information that has identified it as such?

I will be present at the meeting and look forward to hearing the answers to these and other additional questions.

Back to the Town of Monroe …

Let’s first take a look at upcoming events:

-The Village of Monroe Summer Concert series is underway. There’s a full lineup of events that can be found here. The next event is June 22nd with Kickin Nash. All shows take place from 7pm to 9pm with the rain day scheduled for Sundays.

-This Saturday is the The Town of Monroe Food Truck Festival, which will take place on June 15th from 11 a.m. - 7 p.m. at O&R Park, located at 61 O&R Road.

-The Village of Monroe Farmers Market takes place every Sunday from 9 a.m. - 1 p.m. in the Millpond Parkway Commuter Lot from June 2nd - October 27th.

When Will The Tree Code Be Enacted?

This, like the Short Term Rental situation, is a bit of a running joke at Town Board meetings. There’s a new tree code. Dennis Fordham has been working tirelessly on it. Supervisor Cardone continues to kick the can, probably to the benefit of developers he’s friendly with like Monroe Commons’s Lipa Deutsch.

Councilwoman Richardson tried to move things along by scheduling a workshop meeting. Cardone got snippy, but it sounds like Councilwoman Richardson will be scheduling a workshop soon where every Town Board member is able to participate instead of just Cardone, the alleged antisemite, and the Rubber Stamp, Sal Scancerello.

Sewer System Revisions

I’ve sent a request to Councilwoman Bingham for more information on this discussion.

As already covered by your favorite local news outlet, Orange County Sewer District 1 (Monroe-Woodbury-Chester-Blooming Grove-South Blooming Grove-Palm Tree) is at capacity. In Monroe’s case, the Town is OVER capacity.

Here is the sewer law that Councilwoman Bingham is trying to shepard through. The key point to look at is the unlawful discharge language that says:

§ 41-19. Discharge of sewer prohibited.

It shall be unlawful to discharge into any receiving waters within the sewer districts, either directly or indirectly, any sewer, industrial wastes or other polluted waters, except where said discharge is permitted by a current SPDES permit issued by NYSDEC.

§ 41-56. Disposal on public or private property.

It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Town of Monroe or in any area under the jurisdiction of said town any human or animal excrement, garbage or other objectionable waste.

§ 41-57. Discharge to natural outlet.

It shall be unlawful to discharge to any natural outlet within the Town of Monroe or in any area under the jurisdiction of said town any sewer or other polluted waters except where suitable treatment has been provided in accordance with subsequent provisions of this Part 1.

Given the sewer situation, these three rules are going to be specifically important for people to keep an eye on.

WTBQ Comes Up … Again

In a statement sent in to The Monroe Gazette, Councilwoman Bingham shared the following about concerns that were raised about the Supervisor’s questionably legal invoices and reimbursements for appearances on WTBQ. This is something I’ve covered ad nauseam, so let’s hear from the Councilwoman:

Mr. Mendelson,

I felt it important to bring up on Monday as there were three vouchers submitted by the Supervisor for mileage to WTBQ for payment which lacked important information.  These vouchers were lacking any details as to topics discussed during the radio show.  In addition for the months of February and March, it appears the Supervisor was at WTBQ on Tuesday as well as Wednesday of the same week.  My understanding was the show that the Supervisor participated in took place on Tuesday, and there would be no need for him to then drive to WTBQ on Wednesday. 

As a councilperson, I have a fiduciary responsibility to the residents of Monroe.  It is part of my responsibilities to ensure the residents of Monroe receive the full benefits of any monies expended by the Town.  If there is insufficient documentation,  I have an obligation to question any voucher.

As The Gazette already covered, Monroe taxpayers are getting taken advantage of by Supervisor Cardone with these WTBQ invoices.

The Supervisor claims his time on WTBQ is beneficial to Town residents, as well as the Village of Monroe and Village of Harriman. Both villages declined to comment on whether or not they agreed with the Supervisor. So, take that for what you will.

You can listen to this clip here to decide for yourself whether or not Tony Tuesday on WTBQ is beneficial to these municipalities.

Cardone basically threw a giant fit during this section of the meeting and, at one point, threatened to not do the WTBQ show if these reimbursements were not processed.

No. Not that. Anything but that …

He later threw a similar fit during the Millennium Strategies Service agreement. Basically, Councilwoman Richardson would like to make use of this service for her constituents and Supervisor Cardone once again doesn’t want to share his toys. Cardone allegedly told Millennium not to work with Maureen Richardson, which she has recordings of to concern. Cardone then denied this statement and then, wrongly, claimed he was the liaison to Millennium.

On the WTBQ front: There might be something more going on here.

WTBQ is almost entirely a pay to play operation these days.

Frank Truit, the station owner, claims Cardone appears as part of the station’s public service requirement.

But it’s not known if Cardone is slipping the money he’s being reimbursed to Mr. Truit in return for having him on the air. Since this is taxpayer money, people have the right to ask if Mr. Cardone is kicking the reimbursements back to Mr. Truit in exchange for this “valuable” air time.

Given the sketchy history of WTBQ’s station manager, Joy Taylor aka “Taylor Sterling”, further investigation is required.

I’ve reached out to a representative at the FCC for comment. If a show airs as part of a public service requirement, they shouldn’t be paying for that air time then, yeah?

I also reached out to both the NYS Comptroller’s office, and Town Attorney Brian Nugent about the questionable processing of these invoices. The Comptroller’s office stated, “No comment” upon reviewing Mr. Nugent’s email.

Here’s what Mr. Nugent said. His responses are in block quotes. I’ve added links where appropriate.

Mr. Nugent,

I have been in touch with the NYS Comptroller's office concerning Mr. Cardone's WTBQ Invoices, and the fact that he already receives a travel stipend for work done in his official capacity as supervisor.

I am not familiar with the travel stipend you are referring to in your email, but if you can identify what you are referring to more specifically regarding the travel stipend, we can follow up with the Town. 

Can you clarify how the supervisor is legally allowed to cast the deciding vote for invoices that he himself submitted for the Town Board to approve at these meetings?

The conflict if interest provisions in state law do not apply to expense reimbursements. There is no statute prohibiting a Town Board member from voting on the allowance of their expense reimbursement voucher.  See, e.g., Opns St Comp, 1981 No. 81-169 (N.Y.St.Cptr.)

Can you also clarify whether or not three signatures are required for an invoice or reimbursement to be fulfilled or not?

The Town may establish rules for auditing of claims.  I have not been provided with any Town of Monroe rules regarding the auditing of claims involving a signature requirement.  There is no other statute that requires signatures or initials in an audit of a claim. Sections 118, 119 of NYS Town Law address the audit of claims, but neither section describes the manner in which the Town Board is to indicate its approval of claims. However, the Town Board may indicate its approval of claims by voting at a Town Board meeting. The NYS Comptroller's office has issued an opinion confirming the foregoing information.  See, e.g. Opns St Comp, 1980 No. 80-417 (N.Y.St.Cptr.),

Both I and the Comptroller's office would be interested in hearing your answer. 

I believe the Comptroller's office already knows these answers as they have issued opinions on these questions, but I am more than happy to discuss it with them if they have expressed to you that they would like my opinion on these issues. 

Ok. Maybe I was more interested than the Comptroller.

What was disgusting here, if we’re being honest, was how both Cardone and Houle processed legitimate questions about the Supervisor’s invoices into personal attacks on themselves.

Houle declared this whole discussion “retalitory.”

Great contribution, Dorey.

Totally can’t wait to see how she’d represent all of you in the State Senate.

Usually, when people react like that, you know they’ve been caught doing something they’re not supposed to.

It’s a guilty person’s tell.

So, when the Supervisor closed this segment by saying, “It’s appalling that you even brought this up” that was hilarious.

He’s the one that asked for the discussion just a few minutes earlier.

P.S. I would love to see an audit of how many people are actually listening to WTBQ on Tuesday mornings at 9:30am.

The odds are, more people are watching these YouTube videos of the Town Board.

Moving on …

Lake Sapphire

The Town Supervisor owns property on Lake Sapphire. He should have recused himself from a vote concerning the creation of Lake Sapphire Dam Drainage District.

That is a fact.

He ALSO should have recused himself from this meeting’s vote on reimbursing the town for last year’s expenses related to the creation of that district.

This is also a fact.

So, just to stress: The Town Supervisor has now voted twice on an issue that he directly benefits from as a property owner in the Lake Sapphire Dam Drainage District.

Both times, he did not mention the property that he owns there, and both times, he did not recuse himself from these votes.

Here’s where we get into allegations from residents around Lake Sapphire, that I have yet to independently verify. This is part of a larger investigation that I’ve been working on involving Lake Sapphire, Arrow Park, and Supervisor Cardone.

Why can’t I verify everything at this time?

The Town of Monroe has not released documents concerning Lake Sapphire to either The Monroe Gazette — 90 day FOIL policy implemented — or to Councilwoman Richardson, despite numerous requests to do so.

I suspect, and I shared this with more than one attorney, that the 90 Day FOIL policy exists because of Lake Sapphire.

Here’s some of what I’m investigating:

Cardone is alleged to have relatives operating the Arrow Park Home Owners Association surrounding Lake Sapphire. Together, they’ve enacted a plan that financially benefits the Supervisor.

This includes building a road, again allegedly, with Town equipment that would increase the property value of the land he owns at the Lake. There is at least one source that has stated observing Town equipment involved with the construction of this road, but I can’t confirm this.

There are also allegations that Supervisor Cardone may be looking to sell the water from his portion of Lake Sapphire to developers south of it.

Of all the stories in the Town of Monroe involving potential criminal corruption involving the Town Supervisor, this is the one that authorities with investigative power should examine.

I’m a bit limited on what I can do when the Town refuses to provide information to both an elected official and to media organizations, short of an Article 78.

If I’m going to do an Article 78, it’s going to be involving South Blooming Grove.

But maybe someone out there reading this would like to file an Article 78 concerning Lake Sapphire and how — if at all — the Town Supervisor and alleged relatives have benefited from the creation of this drainage district; and whom exactly the Town Supervisor is interested in providing water to from the lake.

Community Garden Plots are Available

There’s a community garden outside of Town Hall now. Many of you have seen it (it’s right out in front of where the Town Board meetings are held on Reynolds Road.)

You or anyone in the community can file a Community Garden Packet and Application for $35 per plot. These plots are available on a first come, first serve basis. There’s a mandatory Gardner meeting coming in June. People interested in the plots are encouraged to sign-up to the Town’s mailing list to find out when that meeting will be held.

The Duck Boats Are Being Sold … Why?

Round Lake has choppier water than people thought when the duck boats were first purchased. I believe buying them was originally a Doles decision. Either way, the heads of the duck and swan boats, coupled with the rough water and fact that they can’t paddle backwards is why they were taken away.

Also: Not enough life guards to patrol Round Lake and protect visitors who might not be prepared for the rough water currents.

It’s too bad. I thought the Duck Boats were nice. Hopefully there’s a replacement forthcoming to give the public access to Round Lake so everyone can (safely) enjoy it.

I’m not 100% sure where these Duck Boats are going in Woodbury, but they are now on their way.

And Now … Public Comment

It’s crazy to me that Public Comment is held for the end of these near three-hour biweekly meetings.

It’s crazier that public comment is restricted to three minutes, making the Town of Monroe one of very few municipalities in the State of New York with a time limit and a limited public comment opportunity.

These are both things that could be fixed at any time, but Supervisor Cardone has yet to do so.

To be blunt: The Town of Monroe is the least representative, least responsive, and least democratic municipality in Southern Orange County.

John Deschner was the first public comment. He spoke about voting and the need for people to not be complacent. A huge problem in Southern Orange County is not enough people get out to vote. We saw that recently with the Village of Monroe Trustee elections. We saw that previously with elections in South Blooming Grove. And Trustee James Freiband and Trustee Fabbro in Woodbury basically owe their existence to people not coming out to vote in Woodbury.

I’m a big believer in making it easier to vote in New York State. That means automatic mail ballot voting, which — despite far-right hysteria — has proven again and again to be safe and secure.

Dan Burke, former Town Board member, spoke next about bipartisanship. He again asked for the Town Board members to work together. He correctly pointed out that Cardone could have recused himself on the issues involving WTBQ, but he didn’t.

He suggested an amendment to the public comment rule. If someone from the Board attacks a member of the public, that member of the public should receive time to respond to that attack.

It’s a good thought. I’d like to see Public Comment totally reformed at these meetings. The Gold Standard in New York State is to have a maximum of ten minutes for someone to speak (but preferably no time limit at all.)

Public comment should also be held before the meeting gets underway and also at the end.

We should strive to have that gold standard implemented here in Southern Orange County.

And finally …

If you are registered as part of the Conservative Party here in Orange County, there is a primary on June 25th for the New York State Senate race.

Tim Mitts will be on the ballot squaring off against Dorey “That’s Retaliation” Houle.

The following letter is circulating on behalf of the New York State, and Orange County, Conservative Party. Someone sent me this screenshot.

Long story short, the Conservative Party claims that Mr. Tim Mitts is a convicted felon. They also claim he has associated with Senator Schumer.

Now, I’m not going to get into the weeds on this one.

Instead, I’m simply going to share with you a photo of another convicted felon, also currently running for office, that has previously associated with Chuck Schumer.

In the name of bipartisanship, I want to let my Conservative and Republican friends know that I think Chuck Schumer sucks too.

All I’ll say is that the Conservative Party of Orange County shouldn’t insult the intelligence of their voters.

Being a convicted felon doesn’t seem to be a problem for the head of the ticket.

Why should it be a problem for the bottom?