Trying to stop the theater sale
MONROE — Community organizers of the grassroots group “Save the Monroe Movie Theater” are expected to file legal action against the Town of Monroe by week’s end for what it alleges is the town’s violation of the New York State Open Meetings law relating to the town’s Nov. 16 auction win of the empty theater building.
“The more we’re gathering, the more confident we’re feeling,” said Emily Convers, one of the group’s lead organizers on Tuesday night. “We strongly believe the town violated the open meetings law. “We think they intentionally hid their decision to purchase the theater. Without public notice, they created an ‘emergency’ scenario under which their actions would be hidden.”
Convers added: “In order to vote on the purchase of a building at a budget meeting, it would have to appear to be a last minute, urgent scenario, as opposed to forming a committee to review and discuss. In this scenario, it looks as if they are getting their cultural center without forming a committee or getting any public response.”
Disclosure
The group’s decision to move ahead with the legal action was based on a review of known facts by its attorney Joseph McKay of Tarshis, Catania, Liberth, Mahon and Milligram in Newburgh.
Partner Steven Milligram is one of the Town of Monroe town justices, and his relationship with the firm was disclosed to the group by the firm as part of its ethics review prior it retaining McKay, Convers said. Milligram will have no involvement in the legal action.
“Open meetings laws are created to provide the public with an opportunity to voice their opinion over matters of public concern,” said Convers. “It’s clear from viewing the minutes they want the public to believe the decision to purchase the theater was an emergency action.”
Draft minutes
Convers shared with The Photo News the minutes - marked as draft minutes - of the town board’s Nov. 15 budget meeting, the evening before the auction took place.
After several budget line items and salary issues were discussed, town officials went into “attorney client session” to “discuss purchase of property.”
Those minutes, obtained by Convers through a Freedom of Information Law (FOIL) request, show that after the return to meeting’s open public session, three resolutions were unanimously approved by the board.
The first is: “That the Town of Monroe Town Board hereby declares its intent to be lead agency (under SEQRA) for the purpose of offering the purchase and purchasing (if winning at auction) the Monroe movie theater at 34 Millpond Parkway, Monroe, NY.”
The second resolution is: “that the Town of Monroe Town Board hereby issues a negative declaration under part 617 of the General Regulations of the NYS DEC (SEQRA) for the bidding and purchase of the Monroe movie theater at 34 Millpond Parkway, Monroe, NY and directs the filing of the attached Short form Environmental Assessment Form.”
The third resolution states: “that the Town of Monroe, by and through the Town Board hereby authorizes Richard Colon, a member of the Town Council of Monroe, to offer a purchase price of up to $1 million (through bidding) for the purchase of the Monroe movie theater at 34 Millpond Parkway, Monroe, NY.”
These minutes are not currently posted on the town’s Web site, www.monroeny.org.
“People knew about this (auction) at least a week, if not more, in advance,” said Convers, noting there was a banner on the building noting the auction date and location as well as advance notice of its sale by auction in the daily newspaper. “We feel they deliberately made the decision in the final hour to avoid public comment. We’re pursing legal action as a result of some of our findings. The town will be made aware of our actions by Friday.”
Supervisor awaits chance to report
Town of Monroe Supervisor Sandy Leonard again declined to comment this week on the sale and the anticipated mid-December closing date, upon advice of the town’s legal counsel.
But she did say the public rumor of a Dec. 17 closing date was false, adding: “There is no date attached to that.”
As of Wednesday afternoon, Leonard added, there was no closing date set for this week either.
And Leonard also reinforced that she and the other board members looked forward to the opportunity when they could discuss the purchase in great detail.
Town Board has supporters
The issue continues to keep the community’s attention on high alert. The number of people who have “liked” the group’s Facebook page, “Save the Monroe Movie Theater” has grown to 902 as of this past Wednesday. The group’s petition drive on www.change.org continues as well.
However, there are many others who support the town’s plans.
“Understandably, some of us can be nostalgic about the movies, and other things we did when we were teenagers,” wrote Lorraine Loening, who supports the decision, in a letter to the paper. “But nostalgia should not cloud the decision making process.”
In a blog comment posted on The Photo News’ Web site, Richard Troiano wrote: “There was a more than fair representation of people for the purchase of the building, I spoke at the meeting. There were many good reasons put forth and I feel that your paper should reflect all sides, so the town can have the facts in front of them.”
In the meantime, Convers said, community members are showing their support of the grassroots group’s efforts to stop the sale by donating to a legal fund to cover attorney expenses.
“I received five checks in the mail today (Tuesday),” she said. “People are rally really passionate about this issue and are eager to help. We have over 1,700 signatures on the online petition. That’s a big percent of the voting public.”
Convers said anyone interested in supporting the legal effort can learn more by e-mailing to: savethetheater@yahoo.com .
By Nancy Kriz