Lloyd Councilman Joe Mazzetti asked Building Department Director Dave Barton what housing units in the Mountainside Woods development project have been set aside as Affordable Housing, a required provision in the Town Code. Barton only acknowledged that, “they have a plan, so that’s sorta my answer to you,” but he offered no specifics.

Mazzetti pointed out that, “housing is so tough right now and the whole idea of that [code provision] is so that local residents, and especially employees of the town, can stay here and live here. The price of real estate is going through the roof and I think that might be a nice incentive for some of our people...who might be able to buy a home.” Barton promised to follow up but suggested that, “this is something the Town Board should consider. There is no government agency that manages Affordable Housing in the Town of Lloyd. It is a whole other department and a whole other level of government and there is no one to manage that. I know the Town Board, once upon a time, decided that you were going to name me to the contrary advice of (land use attorney) Terresa Bakner at that meeting; I’m not the guy to do it. I don’t have any experience in it, I don’t have the resources for it.”

Barton said RUPCO [Rural Ulster Preservation Company] was once considered to manage the program for a fee, “and there has been no movement on it.”

Mazzetti recalled that meeting, “but as of right now you are the person, unfortunately, and we designated you.” Barton protested, “I’m not, I’m not, you can name me all day long...” Councilwoman Claire Winslow came to Barton’s defense, pointing out that the Building Department and the Planning Board have recently been extremely busy.

Barton said he is a Civil Servant and has job descriptions and running the Affordable Housing program, “is not one of them.”

Mazzetti said the full board may have to revisit and fix this issue, “but as of right now it did appoint somebody and you [Barton] can grieve it if you think it is not part of your job, but you can’t not do it because that’s insubordination.”

Barton responded, “So what you’re saying Joe is that it’s not my job and I should grieve it and say it’s not my job.” Mazzetti corrected Barton’s argument, “I didn’t say that, I said if you don’t believe its your job.”

Winslow again cut in, insisting that running the Affordable Housing program is not Barton’s responsibility. Mazzetti pointed out, however, that Winslow voted with the rest of the board to appoint Barton to handle the program in Lloyd. She took another tact after the reminder.

“Well, we can re-vote then, because right now Dave has a lot on his plate. Joe, I sit in on those meetings and it’s insane [busy] right now and I know you know that,” she said.

Mazzetti said when this issue came up he favored having RUPCO administer the program but the board did not want to do that. He conceded that Barton does have a point, but when a person is appointed to manage a program they do not have the option to do nothing with it.

“So if it is too much for him the board needs to revalue and re-look at it because what good is having a law if we’re not enforcing it; then let’s get rid of the law,” Mazzetti said.

Supervisor Fred Pizzuto said he would reach back out to Guy Kempe of RUPCO to see if he can provide some direction and guidance on how to administer this program.

The Affordable Housing code provision, which is about 10 years old, stipulates that developers seeking to construct 10 or more units must set aside 10% of them as affordable, which is determined by a detailed formulae through Ulster County. When a developer is before the Planning Board seeking site plan approval they must at that time submit an affordable housing plan for their project as per Sec. 10-36 [F] in the town code.

Barton has stated publicly at a Town Board meeting that the housing project that is presently being built behind the Dollar General would comply with the Affordable Housing provisions in the code. However, when the Southern Ulster Times submitted a Freedom of Information request to Barton for a copy of the required housing plan, he responded in writing that, “no such plan exists,” calling into question whether the developer will provide the required number of affordable units. At the June 21, 2018 Planning Board meeting, project architect Richard Tompkins stated to then Planning Board chairman Peter Brooks that they would comply with the Affordable Housing provisions in the code.
Prior to the approval of this project the Ulster County Planning

Board sent two letters to the Planning Board pointing out that an affordable housing plan was not provided. In a Required Modification the county board stated that, “Details are needed as to how the project will meet the affordable housing requirements of the Town of Lloyd. Any approval of the residential component should include the affordable housing requirements.”