Steven Barshov Direct Dial: (646) 378-7229 sbarshov@sprlaw.com

February 10, 2014 To the Citizens of the Town of Monroe - I write today as counsel to the property owners who have petitioned for annexation into the Village of Kiryas Joel. As someone who has practiced local government law both in New York and in New Mexico, litigated cases involving annexations and incorporation of municipalities, taught this area of the law to government officials and law school students, I am saddened by the absence of civility and by the vitriol and hate that was the instant reaction by a rather vocal minority to the filing of an annexation petition by property owners. These property owners have the right under the laws of New York State to petition for annexation, no matter their race, national origin, or religion. That threats appear to have already been made is the predictable consequence of what happens when people -- even good people -- lose sight of the fact that public debate is not who can yell the harshest insult. Government by intimidation is not government, it is rule of the mob. And that is why we have government, with public meetings, public hearings, and CIVIL debate -- so that everyone can be heard respectfully and we have a democracy that we can hand down to our children. I have no illusions that there are strong feelings about this annexation. And whatever they are, there will be ample opportunity at the public hearing on the proposed annexation for all people to express their opinions. But even before the process has begun, what we see is an unabashed effort to intimidate the Town Board of the Town of Monroe. And why? Because voters from Kiryas Joel cast more votes than others in the Town and elected these candidates. Isn’t that how democracy works? And, even more to the point, what is wrong with like-minded people voting as a block? Democrats do, and so do Republicans. So do African-Americans and Hispanic voters -- indeed the voting rights laws in this country assume that they will vote as a block. So do people in favor of abortion rights, so do those who are pro-life. So, tell me, what is it that causes such hatred when Hasidic Jewish families vote together? Although people will deny it, it is anti-Semitism. And it is as ugly as ever. The most recent fuel for this fervor is the press release issued yesterday by United Monroe in which false accusations of corruption are recklessly thrown about by people who did not take the time to understand the two agreements they were given. The first is an agreement by the property owners who petitioned for annexation to jointly hire MKC to coordinate the annexation petition filings and perform all of the steps needed to accomplish annexation. This should come as no surprise. There is no mystery that the annexations were filed all at one time, that the petitions were witnessed by one person, and the group of property owners proposed annexation collectively. The agreement with MKC is a routine consulting agreement in which property owners retain an expert consultant to handle a government application. Nothing more, nothing less. How this equates to “corruption” when it is an agreement between property owners and a consultant is beyond anything rational.

The other accusation of corruption arises from agreements between the Village of Kiryas Joel and various property owners in which the Village agrees to supply water to property owners outside the Village boundaries. Such agreements are allowed by law and also are entered into routinely. Pursuant to one of these agreements, water is being providing to a development in the Town of Monroe right now: Vintage Vista. And these agreements are hardly some secret conspiracy as has been claimed. They are recorded documents. They require approval of the NYS Dept. of Environmental Conservation if water is to be supplied -- an approval which the DEC issued regarding Vintage Vista. And, yes, the agreements require payment on a per-unit basis to the Village if the Village is to supply water. And that is how it should be and how it normally is. If a Village is going to provide the water infrastructure, including the extension of water lines and provision of sufficient water supply, it is the property owner receiving the benefit who should pay. Hardly corruption; more like responsible government and the way things are done every day in municipalities across New York State. I hope that this provides a more complete picture. I look forward to a robust debate on annexation. I have no doubt that, if given a fair chance, that the local officials in the Town and the Village will be able to consider annexation rationally, evaluate the facts, evaluate the potential impacts, and make a decision based on the factors that the New York State Legislature mandates are to be the basis on which annexation decisions are made. Until that time, while people will no doubt harbor strong feelings, it is my sincere hope that everyone will treat one another with respect and give the process dignity. It is my hope that a respectful dialogue will be possible even with the most vitriolic opponents. No one has a corner on the market of wisdom. By sharing legitimate concerns and listening, perhaps there is common ground which can be found. I would welcome the opportunity to engage in such a dialogue. Respectfully, Steven Barshov Sive, Paget & Riesel, P.C. Attorney for Property Owners Petitioning for Annexation into The Village of Kiryas Joel