Concern over lack of information on Housing Resources' plans

NORTH EAST — The dialogue on the long-discussed Housing Resources affordable housing development in Millerton took a decisive turn Thursday evening, Sept. 9, at the Town Board monthly meeting after the council members came out of a mid-meeting executive session that included Attorney to the Town Warren Replansky.

Town Supervisor Dave Sherman announced the gist of what was discussed in the session when the board reopened the regular meeting, citing pending litigations against the town, then turned the floor over to Replansky. The attorney offered clarification of discussions on Housing Resources of Columbia County, Inc., the not-for-profit agency that has been working on the proposed affordable housing development, Millerton Overlook, since 2003.

“There was a meeting on June 18 with Dave Sherman, myself and representatives from Dutchess County and Housing Resources to discuss the future of the project,� Replansky said. “After that, we expected to receive information on the status of and viability of the project. We did not.�

When the information did not arrive within several weeks, Replansky said he sent a letter, on July 15, to Scott Longstreet, the attorney for Housing Resources, asking for general information on plans for the property and for the project, what finances exist now to support the project and whether with any changes in plans the project will remain affordable according to the requirements previously agreed upon for the project. The letter asked if the project would remain financially viable, what the plan is for the sewer systems and asked for any other information needed to show that the project is complying with standing grant agreements.

Then, on Aug. 11, Replansky said he received a letter in reply that stated that the information he had requested would not be provided. In the letter, Housing Resources expressed the opinion that the request for the information was an effort to exhaust them and put an end to the project. They also gave no response to a request for a public meeting for open discussion of the project.

Replansky said he continued to discuss the project with the county, and had confirmed that because of cuts at the state level, Housing Resources would not be receiving the New York state money it had anticipated over the next year. He had a conference call with the county on the project, and reiterated that the town strongly wishes to obtain the requested information. The town needs to have the information in order to judge the best action to take in the face of default, he said.

Replansky said the county will now undertake a review of the project feasibility. The results of the review will be a part of the public record. Threats of litigation by Housing Resources against the town in reference to violations of the Fair Housing Act are of some concern to Replansky.

“The board should move prudently to avoid such litigation,� Replansky said. He also noted that the county has no interest in the board declaring the project in default.

Members of the board agreed that the board could wait to take further action until the county completed its review. However, the board opened for discussion the possibility of having  Replansky draft a resolution declaring Housing Resources to be in default with its commitment to the town.

Sherman agreed that Replansky should draw up such a resolution, then open it to a vote upon completion. Councilman Carl Stahovec asked if the board  members should compile their concerns and forward them to the town’s attorney.

“No,� Replansky said. “I think I’ve got the flavor of why the board would take this step.�

He said he would draft the written resolution within the following two weeks, then send it out to board members for their comments.

“But just respond to me, not to all the board members, with any comments you have. Otherwise, you would be in violation of the open meeting law,� he said.

The board set a special meeting to take place at the Town Hall on Thursday, Sept. 23, at 5 p.m. to review and vote on Replansky’s draft resolution.

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