Low and Moderate Income Housing
Development Task Force
Tuesday, February 24, 2026 - 11:00 am
Ken Hughes - Chairman
Chairman Hughes called this task force to
order at 11:00 am with the following in attendance: Clayton Barber, Timothy
Follos, Ken Hughes, Tracie McGill, Clayton Menser, Terri Morse (11:09), Matt
Stanley, Davina Thurston, Adam DeSantis, Dan Kelleher, Angie Allen, and Nicole
Justice-Green. Alan Jones, Carol Calabrese, James O’Bryan, Joe Pete Wilson and
Caitlyn Wargo had been previously excused. Matt Brassard was absent.
Also present: - Dina Garvey, and Renee
Bruno
HUGHES: Okay, good morning, everybody,
the time is 11:00ish on the 24th of February. Welcome to the Low and
Moderate Income Housing Task Force. I want to get going, because many of us
have been sitting here for 35 minutes, just kind of chit-chatting and I know we
all have a lot of things to do.
You should have an agenda in front of
you for this month and I just want to kind of go over a couple of topics on the
agenda. It won’t be in a specific order and as I continue to work on this, I
really am beginning to feel like the activities and the initiatives that are
going to come out of this Task Force are really going to be driven by the Task
Force and I feel like my job as the Chairperson is to kind of steer the ship
and kind of keep us in the certain lane of what we need to do. It is truly
going to come from you, as participants and your knowledge of what you’re doing
and your networks and, in your towns, and with the organizations that you’re
part of. That’s why, in #2 here, that I want to make sure that we’re very clear
about who are housing partners are. I neglected to leave out ACAP, Alan Jones,
the Executive Director, reminded me in a very nice, kind way and so I
appreciate his communication. ACAP is a really important partner when it comes
to the housing conversation. So, again, this is the line that I have and I put
it in alphabetical order, this time, I’m learning. So, if there’s any other
organization that you feel needs to be added to this list, please let me know
and I put this on here, because truly, it takes the partners that we have in
Essex County to help us do what needs to be done and we, I think want to help
them in what they’re doing in their own spheres.
This morning we’ll talk about this,
briefly, but North Country Public Radio did a really nice lead story at that
8:00 North Light Program about the Land Bank and again that partnership is
successful because of what we’re doing with the North Country Rural Development
Collation. So, that partnership and it was Pride of Ti, that partnership
allowed that whole initiative to be super successful. So, it’s the partnerships
that we have with people and organizations in this County and I just want to
make sure that we’re reminded of that on a monthly basis, so if you’re aware of
somebody that should be added or if you know of something that is going on
really, really well, please let me know so that we can talk about it and figure
out ways to support their work.
And #3, I am trying to think about what
we can do to be actionable. It’s good to talk, but I want to take theory and
put it into practice and so actionable items are a big deal, because that means
we actually have to do something and test some theories and put ourselves in
maybe some uncomfortable positions and unfortunately, so more work on top of
what we’re already doing in our respective towns or organizations. So, that’s
the hard lift, it’s like we can think about things and talk about great ideas,
but then we’ve got to actually do it and so these are just some ideas that I
think about and I have extrapolated from our conversations here and I am not
saying that any of these will be done in the short or long term, but I am
saying that there are things that we might want to think about and we should be
thinking about to support towns and/or support the county in how we want to
accomplish the mission of this Task Force and again, the mission is at the
bottom of this first page, to just continually remind us of what we’re working
towards and then on the back page, these are the ongoing efforts.
Then #4, these are the things that I
hear about on the radio or read about in the newspaper or hear about from
colleagues about things that are happening. It’s great to celebrate the
successes and hopefully has those successes move along, we can remove them from
the list, because they’re often running and doing their own thing. So, these
are just, again, things that I hear feedback that you’ve provided to me. I put
it on here, as kind of like a brain dump, so that we are aware of what is going
on. If there is something that you see that you want to latch onto or that you
want to be a part of or that you want to take initiative on, that’s how we’re
going to get stuff done here. That’s how we’re actually going to effectuate
change for housing in Essex County.
Our next meeting is going to be March
30, 2026, after Ways and Means and we aren’t adjourned yet, I just wanted to
kind of go through the whole thing. That would be an amazing meeting.
Something that did come across my plate,
on Page Two, I don’t know if other Supervisors received this or not, but I
learned about this in New York City at the Association of Towns, Governor
Hochul, was there, I unfortunately missed her speech, but there was a lot of
good discussion about this Express NY initiative and if you take a look at the
first bullet, it says, speed up housing and infrastructure development and so,
what I will do, because it is an embedded link where it says, new portal, I
will share out that link to this Task Force through Dina and if you can take an
opportunity to fill out, I think it’s a fairly short form, fill out what our
ideas are for cutting red tape, bureaucracy, not just for housing, but for
maybe other areas that are brought up in that form. I think New York State
Government is looking to find out ways to eliminate the bureaucracy and red
tape that sometimes hinders our abilities and town’s abilities, local
government ability to do the things that taxpayers and voters want done. So, I
provided that in case you hadn’t received it and I’ll make sure that that link
is shared out.
STANLEY: So, one of the things that she
had mentioned in her address to the conference was, one of the things they
wanted to stop was the State redoing similar like, and I am going to use SEQR
as an example, but I don’t think that was it. Like some municipalities do their
own type of SEQR and then the State does SEQR on top of it. So, they’re trying
to remove that State level, if a local jurisdiction already does it. It will
check the box for the State, as well.
HUGHES: That’s great, that’s great
feedback.
So, that’s our conversation in a
nutshell, today, I know that Nicole, is here from the North Country Rural
Development regarding the 60-unit building, Regan Development, I don’t know if
you want to talk about that a little bit or if there’s something that anyone
wants to talk about initiatives. When it comes to #3 on the agenda, it’s kind
of an open forum, right now and if no one wants to speak I am going to dive
into something that I think we can dive into, but I am putting it out to you
guys, first. Do you want to lead off on the great news?
JUSTICE-GREEN: It’s an amazing deal, I
mean it’s massive. I mean this is what we talked about having multiple tools in
our toolbox. So, this toolbox is that one in which a private developer, Regan
Development, approached Ticonderoga, right around that time I started my job,
about replicating a similar development that they’ve done in North Elba,
successfully, a 60-unit with workforce housing, commercial space, potentially
daycare at the bottom, some of those units, Terri, isn’t here, but a number of
those units, I think at least 10 are for supportive housing, so there’s ESSHI
grant leverage, there’s some Land Bank initiative funding leverage and about
24-18 months ago, they approached us to be their non-for-profit partners, which
is a requirement for the application and we thought about it for awhile and
then ultimately decided to work with them. The first application was
unsuccessful and the reason it was unsuccessful was because the return on
investment in years, like 10-12 they were underwater and our cost of living
actually went up in the County, this past year, so the AMI changed, which fixed
some of those funding issues and then we were also able through the Land Bank
initiative funding to get them additional gap funding, but it was so small
compared to the over $30 million total development, but it did make a
difference. So, I am very excited for
it. I am also very excited that, besides helping with some State regulatory
work, we are actually not putting shovels in the ground for them. They’re
leading this project; we’re just a supportive compliance partner on the State
side of this. Since the announcement, we’ve had dozens of calls to our office
to be added to a waitlist, which doesn’t even exist, yet. This development is
so far out, so it just goes to show how very needed this sort of housing is and
it’s solidly rental housing, which is something that the Land Bank does not do
and does not want to do and so I think it’s a great example of partnership. I
know that we’ve had the conversation earlier on in this Task Force about other
ways to bring developers like this in other towns around Essex County. The big
reason why this worked in Ticonderoga, which it almost did not, compared to
Lake Placid, is we have the hospital, which is a State criteria, it’s walking
distance to Walmart, so they can get food and grocery and pharmacy. There is
some public transportation, and our wastewater and public water infrastructure
could support it, with that being said, they had to leverage additional funding
in this development to increase the capacity of Ticonderoga’s water system,
because it’s already kind of at max, which is also one reason why the first
application was not successful. So, finding a developer who was willing to do
that and go through the extra hoops where we are is difficult, so I am very
proud of Regan for sticking it out, but that also does mean that we want to
continue to send them spaces in Jay or someplace else where this may
potentially work, those are all going to be some logical things to work out and
to market appropriately.
HUGHES: It’s super amazing, for new
Supervisors and maybe anybody else in the room, you mentioned ESSHI, for Empire
State Supportive Housing Initiative, so I just want to make sure that that
acronym is understood. Thank you for that update, continued success as you
begin to move in through all of it and please, certainly keep us in the loop
and if you want to know more about the project, there is not one new outlet
that has not covered it. So, there has been a lot of really positive press
about it, so definitely check in on that and I am sure we’ll be hearing a lot
more about it in the months and years to come. So, that’s really wonderful.
MORSE: And Mr. Hughes
HUGHES: Yes, welcome, Terri.
MORSE: I did reach out to Valerie
Answorth, at MHA, who is the recipient of the ESSHI
Grant to attend this meeting, maybe not every month.
HUGHES: Yeah, if course
MORSE: And she is going to come in
March.
HUGHES: Wonderful, we would love to have
her.
JUSTICE-GREEN: How many units was it?
MORSE: I think it was 12.
HUGHES: MHA is Mental Health
Association.
MORSE: So, what the ESSHI funding will
support is wrap around service for mental health and other kinds of
disabilities. So, there will be a person, a beefed up care management, high
intense care management and also part of that funding will include some rental
assistance support for those 12 individuals, for 5-years, at least 5-years.
HUGHES: Great, thank you.
If you have also been listening to the
news, you probably heard about Fox Hill, the APA just did an approval of this
housing development, new homestead, up in North Elba. They’re taking the same
model that they previously had and they’re going to replicate it, but with a
different twist in terms of how the homes are set up and established in the
neighborhood that they’re working at, so there is some press on that and
they’re kind of operating independently. I don’t think they contacted us at
all, but that is what’s going on up in North Elba, which is another place where
workforce housing is really needed. So, nice to see something in the
southeastern part of the County and nice to see something happening in North
Elba, as well.
Does anybody see anything on here that
they want to talk about, either on the first or second page?
STANLEY: So, you have on, as your C
bullet point, Pro Housing Communities, it was brought up a lot during the
Association of Towns meetings that Pro-Housing Communities are going to become
a requirement to apply for some housing grants. So, for communities that
haven’t done the pro-housing community, yet should really get onboard, because
it’s not just going to a thing to add points, it’s going to be the thing that
allows you to get some housing grants or not housing grants.
HUGHES: So, I’ll admit publicly and on
the record, that the Town of Essex is not a Pro-Housing Community and I’ve had
a really, and I know many of my colleagues are, and towns are Pro-Housing
Communities, and it seems kind of weird that the Chairman of the Housing Task
Force is not a Pro-Housing Community and I have actually spoken to a couple of
people about this and to use the phrase, for me, at least for me in Essex, is
the juice worth the squeeze? I don’t know, I’ve been troubled to be convinced
that it would benefit the Town of Essex, because I don’t know what type of
housing grants I would be going for in the Town of Essex, as the Town doesn’t
own any properties that could potentially become eligible for housing grants
and I am waiting for someone to convince me otherwise and maybe I just need to
know some more information about this.
THURSTON: I do believe, in order to
apply for certain water or other infrastructure, you also have to be a
Pro-Housing Community, regardless of that. So, I highly recommend, if there are
any Supervisors that are not a Pro-Housing Community, get on it, immediately,
because it’s not just housing grants that are requiring it now, it’s other
infrastructure, including water, sewer, roads, culverts, stormwater, you know,
they really want us to take this initiative and move forward with it, so I
highly recommend it.
HUGHES: Understand, that helps move the
needle, thank you.
JUSTICE-GREEN: As well as, all of New
York Main Street, DRI, New York Forward, most economic development grants,
require it and we actually had to hire two interns to help with getting Lewis,
Ticonderoga and Jay, Pro-Housing Community certified, because of the
litigiousness of taking written permitting data, like none of this was digital,
on our part and making it digital and getting it to the State and so it is a
heavy lift for local towns. I know that since the Lake George/Lake Champlain
Regional Planning Board is offering technical assistance, which is highly
recommend you take them up on, because I am not going to do anymore, but I had
to do that, because I had multiple housing grants and economic grants that
would have been ineligible for, if we didn’t get that done in a timely manner.
So, we have about like 7 months until most of these grants are due, it’s a 7
month onramp for those communities who might be considering making those
applications to get to it.
HUGHES: What is, does anybody in the
room know, once you do become a Pro-Housing Community, what are you required to
do annually in order to keep that?
THURSTON: So, I did the heavy lift,
personally, for St. Armand and did all the paperwork to become a Pro-Housing
certified community and then on top of it, annually, you basically just have to
update. They’re really interested in looking, it’s code enforcement
information, it’s basically any new single family dwellings, whether they or
not they’re in the water/sewer district or outside, you just, it’s actually not
that bad for the recertification process. It’s actually not that bad, as long
as you have quick access to all of your code documents. I am kind of like the
secretary for my Code Enforcement Officer, I think Matt, knows that, we share a
Code Officer and in my town, apparently I am a controlling person and I have to
know what is going on with our codes, it has bitten me before, so I will not
let go of that. So, I am intimately aware of exactly what’s going on with our
code officer, so I think that’s why it was okay for me to do, because I know
everything that we do.
HUGHES: Sure
THURSTON: So, if you’re not a
controlling person for your code officer, you might need a little assistance
there, for me it was okay.
HUGHES: I just struggle, because I don’t
want to set myself up for something I can’t fulfill.
THURSTON: I bet you can do it.
HUGHES: I am sure I probably could but
is it the right thing for my town and I know there are other towns in the
County who are not, but it’s a small number. The pressure is growing on me.
BARBER: It is a Pro-Housing Community
and my Planning Board Chair, and my Code Officer got together and go through
the zoning laws and the Town passed a resolution to become a Pro-Housing
Community.
JUSTICE-GREEN: Yeah, if you don’t meet
the metric of showing growth, you just pass a simple resolution. I will say for
a State program, if everything is already digitized, it is not difficult and
neither is the recertification. What the State is really looking at is to
actually get data, totally across the State, real data, as to what our housing
growth is and is not and then have the information to look at, why is the Park struggle,
and the Catskill Park isn’t and have the requisite zoning data attached the
permitting data. It is unfortunate that we have to do that to get grant
funding, but otherwise communities would not do it, it would not incentivize
them to do it. So, it is helping the State develop on the ground, real
projects, efficiency grants and other things that I have seen come out of her
office, which Express New York is directly related to that Pro-Housing
Community Initiative.
HUGHES: And I do like that idea, because
if it is feeding a database for either the Adirondacks, Essex County or the
larger North Country Region to help identify housing trends, that is a positive
thing.
FOLLOS: In Wilmington, I guess, probably
two years ago, we passed a resolution, the Town Board, so we thought we were a
Pro-Housing Community, but as Nicole said, the resolution is kind of a backup
plan. So, Adan, held our hand through the process of dealing with the Code
Enforcement Officer of getting the paperwork to Adam, getting the necessary
paperwork and I went to the Code Enforcement Officer’s office and he said, I
hate you.
HUGHES: Great start.
THURSTON: You’re doing your job.
FOLLOS: But I think it took him less
than a week to get it.
DESANTIS: We were able to turn it around
relatively quickly and we completed the submission for the Town of Wilmington
and the Town of Keene, last week. So, they should, barring any issues,
certification within the next 90-days.
HUGHES: Awesome, thank you for that.
Adan, did you have something else?
DESANTIS: Yeah, I was going to add that
as an update. Both Wilmington and Keene have now submitted.
HUGHES: Awesome
FOLLOS: And thank you for helping us
with that.
HUGHES: And Adam, while we got you, can
you talk a little bit about what’s happening on March 5th, down at
the Lodge at Schroon Lake?
DESANTIS: Sure, the Adirondack Community
Foundation is hosting a media focused
event that was opened to their fund donors, local officials and other
interested parties to make an announcement that I won’t speak prematurely
about, today, but they’ve assembled a
panel of stakeholders who are working in and around housing issues throughout
the Adirondacks to talk about, what work and process that has been made over
the past several years and then to make an exciting announcement that should
help fuel additional development throughout Essex County and other regions in
the Adirondacks, as well.
HUGHES: That’s really, really great. I
think our own Chairman McNally, will be…
DESANTIS: He will be introducing the
guests and that’s going to take maybe 15-20 minutes to kind of lay the
landscape, as an update.
HUGHES: Perfect, perfect. Well, I signed
up for it, if you’re able to attend, hopefully, you can sign up. It is at the
Lodges at Schroon Lake on March 5th, 10:00-12:00. So, looking
forward to being there and hopefully some of you can attend that event, should
be nice.
I want to go back on the 1st
page, because something that I am personally impassionate about and my
colleagues to the left here, your right, is also on record of being passionate
about, at least on North Country Public Radio, this morning is the conversation
about blighted properties and I just want to have a short conversation around
this, because there was a brief conversation at one of our committee meetings
in February about blighted property and laws regarding blighted properties and
this is probably more for my Supervisor colleagues, here. I’m wondering, I don’t know, 18 towns, I don’t
know which 18 towns have blighted property laws on the books. I personally feel
that blighted properties are a great opportunity to make solid improvements to
our communities, our neighborhoods, to assessment values, to all of those
things that we’re looking to do to improve quality of life in our towns and in
the County. I think I have spoken about how in Essex, locally, I have written
letters to all of the owners of those blighted properties, informing them of my
desire, in a very nice and non-governmental way to support any opportunities
that might exist for them to get out of that blighted property, to help,
potentially through grant funding, potentially through the Land Bank,
potentially through town ownership to just help them, especially if it was an
heir’s property, where the home was owned by great-grandmother, 40-50 years ago
and she passed away and nobody cared about for that last 50 years. I received
either no communication, a hell no communication or not for sale communication,
so I tried. My question is, do we want to take a look at supporting towns who
don’t have a blighted property law and maybe working with our County Attorney’s
office to develop language that might support the towns to create a template of
a law that they could consider locally, at their own town?
STANLEY: Are we talking about an unsafe
structure law or blighted property?
HUGHES: So, that’s a great question and
I was corrected a couple of weeks ago, that an unsafe structure law is
different than a blighted property law.
JUSTICE-GREEN: And also, nuisance
properties, another name for the laws that you’re describing.
HUGHES: Blighted or nuisance property,
is that what you’re saying?
JUSTICE-GREEN: Yeah, and nuisance
property can also be a catchment phrase for unsafe structures and blight.
HUGHES: Okay, I was told they were
different entities. I am not an attorney, so I know Essex, has an unsafe
structure law, but I don’t think we have a blighted property law and I am just
wondering if we’re looking to address blight in our towns, how can we use local
government levers to support the reduction, elimination or redevelopment of
blighted properties through code enforcement or local zoning or things like
that? Because these properties, they’re going to languish there.
JUSTICE-GREEN: Yes
HUGHES: They’re going to languish there,
and I feel like if they’re going to languish there and my issue is, I’ve got 10
properties, if you come into my office, you’ll see 10 pictures of 10 blighted
properties, the taxes are paid on all those properties. So, I really can’t
touch them, but I would love to use local code enforcement, because some of
those properties have good bones, some of those buildings still have good
bones, they’re just blighted and I feel like something needs to be done about
that, but I don’t want to go it alone, I want to bring it up to the Task Force
to see, is this a low hanging fruit that we might be able to take advantage of?
BARBER: I believe I was the one that
brought it up at the last, and asking other towns.
HUGHES: I think you did.
BARBER: And I misunderstood, because I
thought it was the County, the County had to pass the law first and then the
town would piggyback off that procedure. I can tell you that the Town of
Chesterfield and I am talking mostly burnt houses and so, by all means, I’m
confused, you know, unsafe structure, but yet, blighted property. I have been
talking about this for a year and half at my Town Board Meetings, it’s brought
up every month, especially when you do a revalue of assessed properties. People
come in and say, you’re raising my taxes and I’m stuck to a burnt, next to a
burnt house.
HUGHES: Yup
BARBER: How can you do this? I’ve been
living there for the last 10 years, and you haven’t done nothing to the people
that own this property.
HUGHES: Yup
BARBER: So, by all means and I talked
about, because I was told by Mr. Manning, if it’s a residential, you can charge
them $1-$2,500 and he’s just speaking of what he thinks you can do and I talked
about it at my meetings and just talking about it, I’ve had two people that
have actually cleaned up their property, because they we’re afraid of adding
that to their taxes every year. So, I think it’s a big, I’m glad you brought it
up, because I think it’s something that needs to be addressed here, in Essex
County and soon.
HUGHES: Well, I brought it up, because
you brought it up.
BARBER: Well, I will be the first one to
adopt that law.
HUGHES: Mutual admiration society, right
there.
TANSEY: I am not smart enough to go
through the details and differences between blighted properties, unsafe
structure and nuisance. Unsafe properties or unsafe buildings certainly are
code related, whether you don’t have the right wood, or you got steel, exposed
floors or whatever. Blighted properties, nuisance properties affect the
neighbors and health and hazardous, but I can put a diagram or some kind of a
thing together to compare those three, bring in some fines, some elements at
the next meeting.
HUGHES: I would like to take a two tier
approach to this, at least two, if someone can think of another tier, then
let’s do it. If you can do that, that
would be great to help educate the Task Force from the legal perspective on
what each one of those areas and how they are or are not related. I am going to
reach out to my colleagues and find out
who has a blighted property and/or unsafe structure law or nuisance property
law on the books, so that we can identify who has what and who doesn’t have
what, so we can figure out potentially, if we move forward on this, how we can
help those towns to adopt something that would help them locally, because
clearly, we can’t do it at the County level, but we can use this Task Force to
support the local effort, like you’re talking about to help with the general
housing crisis that we have in the County.
FOLLOS: This sounds like eminent domain,
is this a species of eminent domain or is this something different?
HUGHES: I’m not thinking eminent domain
on this, there could potentially be issues of eminent domain, but that’s not
mine, eminent domain from all the things that I’ve ever experienced, especially
when I went to St. Louis for that National Housing Event, eminent domain is the
last, the absolute last way to do it and so you’ve got to jump through a bunch
of hoops and then go through them again, because you actually pull the trigger
on eminent domain. So, that is not what I am looking to do here, for the record.
I want to help people through communication and through conversation and
through the levers that we have to figure out what we can do with those
blighted properties.
FOLLOS: Thank you
WOOD: I know that all our towns are very
different, but they’re similar and they’re small. I would suggest that you also
have conversations with your local justice about how the procedures would go
and make sure that everyone is on the same level of agreement, but you don’t
just get a scolding and be told whatever.
I think that’s really important.
HUGHES: Thank you
THURSTON: So, Clayton, St. Armand just
recently went through this, and I have had many conversations about this. We
have an unsafe structure local law. We have a building that was damaged by
fire. It was owned by a gentleman that died almost 10 years ago. The heirs have
just been living there; they had been paying the taxes. It was burned, that had
to move out. No one agreed to do anything. The town ended up using our unsafe
structure to have that property demolished. It did go on the tax bill, sorry,
Mike. I got permission to do it before.
MASCARENAS: I appreciate you bringing
that up.
THURSTON: Yup, so my plan is, when we
get paid back for that, putting it on the tax bill, I plan on putting the money
aside and it’s going to take 3 years before it will be foreclosed upon, but we
are using that mechanism to get that unsafe structure. Now, it’s a vacant lot
and it looks a lot better and we aren’t worried about people breaking in and
getting hurt, but certainly if you have an unsafe structure and a burned out
building, game over. You’ve got exactly what you need to make that go away.
BARBER: Okay, so did they eventually
donate the property?
THURSTON: No, the heirs won’t agree to
anything, so they’re going to stop paying the taxes and we put the entire
demolition onto the tax bill.
BARBER: Okay and so, in my circumstances,
these people are paying the taxes.
THURSTON: That’s fine, but if they don’t
fix that unsafe structure, you can make them demolish it and if they will not
demolish it, you can demolish it.
MASCARENAS: Correct
HUGHES: And bill them, that is correct,
100% correct.
MASCARENAS: Yeah, just for some clarity.
The way that all works, sometimes blighted properties can be unsafe structure
properties, sometimes the two intermingle, just so everybody understands, not
always, not never. One thing that I will tell you, 30-year old Mike was really
passionate when it came to blighted properties, 50-year old Mike has worked on
blighted property for 20-years and hasn’t gotten real far and there’s a lot of
barriers to that and Davina, just explained a few. Meg was getting to a point
that is really relevant. The County can absolutely help you write language. The
County can absolutely work with you on what you want to get accomplished,
accomplished. What I am not interested in doing is telling 18 towns on how they
need to respond to issues. I believe that’s a little out of my lane and I would
never do that. I think it is up to all of you to drive what the future of your
communities look like and giving you the tools to do that and adopt or not
adopt and I know we hear Mr. Hughes be apprehensive about being Pro-Housing,
well, the County is not going to tell him, you have to become Pro-Housing,
that’s a decision for the Town of Essex, so I think we can get there. The way
it works is just as Davina explained. If you have an unsafe structure, the Town
through code enforcement has the ability to remove that. We also have a Board
of Health that some of on your Town Boards act as your Board of Health, some
have appointed Board of Health. I am not sure which individual town has, but
you have that capacity. If you were to remove that structure, it then gets
placed on the warrant. The County then makes that warrant whole, if the taxes
aren’t paid. So, if you go in and you spend $10,000.00 to remove a property
under someone else that owns it, the County is going to make that warrant whole
or the taxpayer is going to pay it. If the taxpayer pays it, that’s an absolute
win-win, that’s what you prefer to happen, not likely what’s going to happen. What’s
going to happen is the latter, the latter is it’s going to be placed on the
warrant, eventually you get to foreclosure, a little more quickly and those
properties, because there’s a higher amount owed and blighted property laws act
mostly in the same way, they offer fines and those types of things that people
can impose locally than then fall back to the warrant, which is always paid by
the County, just so everybody understands and hopefully you get that back at
auction or you don’t.
HUGHES: I just want to support what you
just said. I see us as an advisory, if it involves the towns, we are advisory
only to the towns, I want to be clear from my voice to all of you about that.
BARBER: So, one last question on this,
did the town actually hire somebody to actually remove?
THURSTON: Yeah, we went to bid, we had
to have K&S go in and do asbestos and lead, it was one of the oldest homes
in Bloomingdale. So, we had to, it was a lot of money, I believe, Mike, it was
$79,000.00 at the end of the day.
MASCARENAS: Yeah
THURSTON: Because we had to have
asbestos, we had to have lead, it had a barn, it had RV camper, it had all this
stuff that was unsafe. So, basically there were three heirs to the property,
nobody wanted to take any accountability for it. It had stayed in the dead
person’s, the grandfather’s name. So, again, the County made the Town whole, I
promise, I am going to set that money aside, but I am hoping, eventually,
either someone will buy it and a new home will be built there or the Land Bank
will get it and put up some form of housing, eventually, it’s going to take
years, but at least the unsafe structure is gone, the burned out, scary
building is gone.
BARBER: One last comment, I see the
difference between a blight property and burnt out house, I would still
consider them in the same category.
THRUSTON: They may well be.
STANLEY: A burned out house is
definitely going to be an unsafe structure. You can definitely take care of
that with your unsafe building law. A blighted structure could be something
that’s not lived in, it’s not structurally unsafe, it just looks bad.
JUSTICE-GREEN: The structural integrity
is what’s that clear delineating point there, is if you can have the
certificate of occupancy fully revoked. A property can be blighted and people
can still be living in it. People don’t live and should not be living in unsafe
structures or it becomes a legal issue for your town and your code enforcement
office, because ultimately you can be held liable if somebody gets injured on
that property.
I know somebody else is in front of me,
but one thing that I brought up to this committee, about 3-4 months ago was a
receivership law. A receivership law is being very effectively used across the
county with land banks in which properties like Davina just described, the land
bank is legally appointed by your local court to be receiver of the property
and instead of adding the money for the demolition onto the county’s levy, the
land bank comes in, performs a demolition, and places a lien on the property
and this is something that has to happen town by town, but what happens with
this either the property owner pays the lien or then we with the local court
foreclose on the property and we have already done the work and the county and
the town have had to pay for it. That gives us site control. The reason why we,
as the land bank, cannot go in and see a blighted property and demolish it, is
because the State will not allow me to use my demolition funds for something
that I don’t have site control over and then that owner could then be like, oh,
you fixed the problem for me, I’m going to put it on the market and make a
bunch of money. So, that is something with the Chairman’s permission, I would
like to also email out to the committee and the Board. It is something that I
have been trying to work with the Town of Ticonderoga on, because they did
actual use their nuisance property law really effectively for, lack of a better
term, a drug den, in our town recently and got it boarded up, it’s CO revoked,
but, the home has now sat there for 12-months and there’s a mortgage and
they’ve been demanding the town, the bank that holds the mortgage to actually
do the improvements on the property and they haven’t and so if we do get receivership,
we would go in, do the rehab, get it fully done and then it would be behooving
to that bank to basically pay for the work that they should have done to begin
with.
HUGHES: I support that, thank you.
STANLEY: So, I wanted to actually, at
the beginning of all this is to save us from going down a rabbit hole, which we
went down and recommend that Mr. Tansey come back next month with good legal
advice for towns to be able to do. I like the receivership, my fear is a lot of
towns are going to do and no offensive to St. Armand, but we have 10-20
properties across the county that we go and demolish and $75,000.00 is pretty
much the going rate. The Land Bank did one in our town for $70,000.00. I know
another property, which was small, it wasn’t even a house, was $30,000.00.
You’re starting to look at these properties at the County and I will say this
for Mike, you’re going to leave the County holding a lot of money for a long
time that could quickly, I’m not going to say bankrupt the County, but we can
have the County hold a lot of money for the towns, when we got to look at other
options to go through. Whether it’s the receivership, I rather a lien be placed
on something that the County’s not holding the checkbook for. So, I would
suggest that Mr. Tansey come back next month with a lot more legal advice for
the county and towns to go through and be able to do this through the court
system a lot quicker and better than putting the burden on the County.
HUGHES: And that will be the counter,
Mr. Stanley, between our accelerator in this conversation, the brake is going
to be how much money is the County going to, you know, we want to make sure we
aren’t bankrupting anybody in this process.
WOOD: I agree with what you say, I also
like the idea of us getting our legal ducks in a row. In Schroon Lake, we had
an issue for well over 15 years in a very open area approaching the downtown
and the problem was the people could pay the taxes, they weren’t local, they
owned distressed properties in Glens Falls and elsewhere and we were also nice
and we were always told, oh, we’ll take care of it and different Boards and
different codes people just let it ride, until we finally didn’t and by the
time we had the asbestos people coming to take out the asbestos and we sent
them all the costs that were going to go on the taxes, which they paid, they
just went and did it themselves and if we had probably done that 10 years
earlies, the mess would have been cleaned up, but we went through people dying
and inheritance, the whole nine yards.
HUGHES: Yup
WOOD: If we had a real definite set of
steps to take and we’ve started and we followed through, I believe we wouldn’t
have had that heartache so long, right as you approach our downtown.
ALLEN: So, just a clarification
question, this is not my area of expertise. Nicole, what you’re proposing with
whatever words you just used.
HUGHES: Receivership
ALLEN: Versus going on the town way, isn’t
it still true that with the tax auction, anywhere money that is made off the
sale goes to the original buyer, correct?
THURSTON: The owner, the original owner.
ALLEN: Yeah, so the person can actually
make money after not paying their taxes.
JUSTICE-GREEN: Not if a land bank…
ALLEN: Correct, I just want to make
sure.
JUSTICE-GREEN: The amount of money that
it costs to remediate, abate or demolish the property prior to foreclosure is
not considered in the calculation of proceeds. It is actually taken off the
value of the home, which is something that we have been working with Bill and
Dan, on for a few years, is we were trying to work out bringing properties into
the Land Bank of how to get, for these vacant lots that take on or we demolish,
the fact that we’re going to pay $70,000-$80,000 to demolish it off of the
proceeds, because the owner, it’s not worth that. They shouldn’t be getting any
proceeds if we’re having to do that work. So, if we do it ahead of foreclosure
through receivership, we fix the issue and that’s what I learned at the
National Land Bank conference, because I asked my other colleagues. How are you
all dealing with this and receivership with the answer for specifically
blighted properties. Properties that are blighted but are gut rehab, not
demolitions, is a little bit tricker, which we have been slowly working out
with the County, and I am going to talk to Mike after this, because I need to
follow up with him on a few things about that.
ALLEN: So, just so I’m clear, because I
am sure that there are other people in the room that may not be clear. Going
through your receivership, the original owner that did not pay the taxes, could
not make money?
JUSTICE-GREEN: Yes
ALLEN: That to me is a pretty important
detail.
JUSTICE-GREEN: But the judges have to
work with us.
ALLEN: Correct
THURSTON: I just want to say that Matt
is absolutely correct. I was sickened to have to do this, Mike will tell you. I
talked to him several times, but there was literally people still going in the
house, so I really didn’t have a choice and if you look at the Board Meeting
minutes, there were tons of people that were coming every single Board Meeting
and saying, when are you going to demolish this house? I saw so and so, in
there this morning. So, it was a very dangerous situation, and I needed to
rectify it quickly and I was crystal clear. So, anything that we can do to not
do that I am all for and I welcome the receivership idea, and I hope we can
make that work for us.
STANLEY: And I just want to say, I
didn’t want to throw you under the bus, because there are extreme circumstances
where we do have to go that route.
THURSTON: Yeah, absolutely. I didn’t
want to, but I didn’t have a choice.
STANLEY: I totally understand.
HUGHES: Awesome discussion, is there
anybody else that would like to contribute anything before we adjourn.
FOLLOS: Just backtracking, Pro-Housing
Community designation; sounds nice, makes people feel good, but doesn’t
actually require the town to do anything does it? Maybe I am not understanding
something?
HUGHES: It does, that’s why I am
hesitating, because it does.
FOLLOS: What am I missing then? What
does it require the town to do?
THURSTON: Well, each year, you basically
have to update your certification as a Pro-Housing Community. So, basically,
they just want to have data, so your data from your code enforcement officer,
any new building applications, any new certificates of occupancy, that’s the
data that you input into the form. It’s Excel spreadsheet, it’s not hugely
cumbersome. It takes a few hours after you gather all your data to recertify,
but that’s pretty much it. They just want to see that you’re showing growth and
single family and apartment buildings and anything that is showing growth
moving forward is what you’re submitting that data for.
WOOD: And that includes the $10 million
second homes that looks like you’re growing for your local people.
THURSTON: It doesn’t matter, any single
family. They don’t ask for the value of the home.
WOOD: That’s what I am saying, it looks
like you’re doing stuff, when you’re not for the locals.
THURSTON: Well hopefully, we are. So,
that’s the point.
FOLLOS: Even if you, let’s say you don’t
meet that benchmark for the growth of housing in town and then the town board
just passes a resolution, declaring the town a pro-housing, it seems very airy.
THURSTON: It is pretty airy, Tim.
HUGHES: Hence, my is the juice is worth
the squeeze from my Town.
JUSTICE-GREEN: And maybe it isn’t for
Essex, as much as I love getting ice cream in your town, a few times a summer.
I have only done one project in Essex in 4 ½ years, that’s not the case for
Wilmington and so if Wilmington would like the Land Bank or NRDC or even my
colleagues at Adirondack Roots or anyone to do meaningful large scale housing
work in your community, you do need to become Pro-Housing Community certified
or I can’t use my funding there and that’s going to be for any colleague that
is going to try to use any funding from HCR, Department of State and DASNY and
so it’s a worthwhile endeavor and if Adam just helped you do it, then you
should be set, except for your review and the renewal process is hopefully very
easy, that your code enforcement officer can just literally set up a Zoom
meeting with Karis Rasmuson. Karis is who manages for Housing Community registration,
and she’ll walk you thought it. She was really great with our interns and our
code enforcement officers when we led that process for Lewis, Ticonderoga and
Jay.
THURSTON: And Adam is an expert; I am
sure he’ll help.
FOLLOS: No, we’re doing it. I have no
objection. We’re supposed to do and we will be helpful and we will do it. It
just seems like to something that makes people feel good, it sounds nice, but
it doesn’t require the Towns to do anything.
WOOD: Welcome to our world.
THURSTON: It’s data, I mean it’s a data
driven program. That’s what they’re looking for.
JUSTICE-GREEN: The State is a rock and
we are a river that flows it and you have to learn to jump through the silly
hoops to get the money to help our communities and as Mike told me, 4 ½ years
ago, sometimes if it doesn’t make sense don’t think about it too hard, just do
it, because that’s just what you have to do. You know with some of these forms
that you have to do 3-4 times, but before we end, Ken, one of the things that
you have on our list is code enforcement which is directly related to what we
just spoke about with receivership and blighted property and just cohesive code
enforcement. I know we brought it up with last year and the Housing Task Force.
I still would like to continue the discussion, maybe we can discus this next
time, about the feasibility of having more uniformed code enforcement
countywide or shared services and I say this as your partner at a high level in
policy, as well as the person on the ground, dealing with your individual code
enforcement officers across 18 towns, including those who are doing multiple
towns at once. There is a really important project that we’re doing in the Town
of Moriah, right now and there’s been a number of weather delays and we have a
lot of pressure from the Department of Health and the State to get this family
moved into this home. The code enforcement officer in that town is currently
only available one day a week and due to weather and other issues, trying to
schedule this walk through to get a certificate of occupancy, which at the end
of the day, because my colleague, Mike, is cc’d on all these emails, he knows,
you know, I take the heat for this not happening, it doesn’t matter all these
other issues, but this is one example where is family, it is taking an
additional 3 ½ weeks to get this family into their home. Weather delays,
contractor delays, but then we are ready, no code enforcement, another issue
with the sharing up in the Town of Newcomb, poor Colin is everywhere. He is one
of the code enforcement officers that I enjoy quite a bit, but trying to schedule projects, Regan
Developers, increase our housing supply and deal with blighted properties when
your code enforcement officer is on your town once a week and doing double duty across the
board, it is not a smart business model and it is very frustrating,
professionally and personally for myself and my staff, because we are chasing
code enforcement officers in Essex County. I do not do that in Washington
County. They have plenty of issues there, you know, because I serve three
counties, but they have countywide code enforcement. I also get calls and
requests for you, the Supervisors to come and do work in your towns and to
spend time to do technical assistance and
a lot of that partnership, even more so than that partnership with the
Supervisor, the person I work with on a regular basis is your code enforcement
officer or your planning and zoning board and if they’re not there and able to
help, those projects just do not move forward and there’s nothing that I can
do, it is out of my hands and I know, I can’t speak for all of my colleagues
here, but I know that Adirondack Roots experiences the same thing and anyone
who does direct client work like we do experiences this. So, I would really
implore upon you, as my colleagues, on a policy and an actual project delivery
level to really think about this, this year. I would really love to something
to be done.
HUGHES: So, we’re going to talk this
conversation until March, because we’re coming up on the hour, but I will say,
that I had a conversation with Colin, the code enforcement office for 6 of the
18 towns in Essex County and I told him I was having these thoughts about this
and he pulled back the layer and shared with me about 8-9 different feasibility
challenges that I never thought about in respect to this. It wasn’t a no, but
it was a have you thought about this, have you thought about this, have you
thought about this and I was like, oh man, it is not just as simple as shifting
the burden to the County, because when you bring it to the County, you’re
upping your game. So, I am going to be sitting with him, hopefully over the
next month and jotting down and leaving what those feasibility challenges are,
so I can pass that on to you in a turnkey way. So, that we can have an honest
conversation about this and identify those challenges that I can promise you
are not being all thought of that Colin is thinking about, because he’s in it
every day for 6 different towns. So, if we can table that if that’s okay and I
can bring something back to you for March.
I do want to finish up, we will start 1,
2.
DESANTIS: For the next meeting, if we
could add a bullet, either #3 or #4, I would like to provide an update on how
we’re looking to support communities that are interested in pursuing APA map
amendments and also addition GIS work, primarily around water and wastewater
infrastructure and getting those layers into the public database and how that
would support residential development and commercial development.
HUGHES: I’ll add that, absolutely, thank
you and Angie.
ALLEN: I just want to go under Nicole’s
thought, because we are of the same brain. So, in terms of the code
enforcement, on a DSS child welfare perspective, from individuals that work
with the homeless and situations, we often need the assistance of codes in
various towns; right. Because my caseworkers need to assist safety of a child
and we’re not trained in the codes. So, we often call the town supervisor and
work with the code enforcement officer, sometimes they’re great, sometimes they
are not very helpful. I have been told that my code enforcement doesn’t go
insider trailers. So, I do think and I can understand, because every town,
everything is different and I get it, but I don’t work for a town, I work for a
county, right. And so, when we talk about code, I would just like some
clarifications or some consistency of expectations around the code officer so I
can educate my staff on what to expect, what not to expect, because it is so
easy to expect, to assume. This is my motto, without mutual understanding, it’s
hard to have mutual respect. So, it is very easy for my staff to say, oh,
they’re not doing their job, when maybe they’re hitting a ceiling that I don’t
know about. So, I would just like to have a part of that be a part of the
conversation in terms of safety checks, welfare and how DSS can better partner
with either the supervisor or the code enforcement officer, so when we need
their assist to assess safety, not child wellbeing, safety, how we can improve
those relationships.
STANLEY: I was going to save this for
next month, but I can’t. When we all have, as Supervisors, have a code
enforcement officer, we love our code enforcement officer. When we don’t have
one, we’re also looking to the County to say, help us with a code officer. So,
if we all, during the good times, tackle all the issues, that is would be to
make a countywide system, when and if we lose our loved code enforcement
officer, we have somebody that we can have as a code enforcement officer. So, I
think it’s a great conversation to have next month.
HUGHES: And we are having it and the
final word from Mr. Michael Mascarenas.
MASCARENAS: So, all I want to say is if
we can put on a future agenda that we reviewed the studies that we’ve had.
Admittedly, I have lost track, in my mind, all the different studies. ROOST had
provided one, Anna had provided another one, I believe Beth Gillis, has
something out there on all of our studies. We have some new members on this
committee, learning the demographics and some of the challenges, I think, would
be a worthwhile approach, at a meeting. Considering a future study, whether we
go after Smart Growth Funding or something like that would really target some
of the specific things that you spoke about a little bit earlier. What are some
of the boundaries? What type of housing is pertinent to our individual
communities? One thing that we’ve talked an awful lot about, but haven’t really
gotten town on paper, yet. Is well there’s not a one sized fits all approach to
Essex County, we have 18 towns that have very different needs. Well, when you
spoke to and I know this, I’ve done a lot of water/sewer throughout my previous
life, but capacity, if you did have a developer come in, how do you get site
preparation, some of those things ready ahead of time to prepare you for those
long-term housing, what are missing in our communities and that type of study
will put us in a strong position to obtain funding, for not only housing, but
for your water/sewer projects and those types of things down the road. So, I am
not against paying for some of that and recommending that in future budgets
and/or through Smart Growth applications, but I want to see what we got and
kind of get something that ties it all together, because right now we’ve got
several different documents that all had different missions geared toward
something different. I think, we’ve got a 60-unit in Ticonderoga, but what unit
works in Willsboro? Maybe it’s not a unit, maybe they need X amount of single
family dwellings, I don’t know. But if we have a roadmap to look at and then
base our work on that on an annual basis, not just shelf a plan, but have a
working document that we can check these items off the list as we go and show
meaningful results. I think that would help us an awful lot.
HUGHES: Terrific conversation,
everybody. Thank you so very much for sticking around and we’ll see you on
March 30th at 11:00.
THERE
WAS NO FURTHER BUSINESS TO COME BEFORE THIS TASK FORCE WAS ADJOURNED AT 12:02 PM.
Respectively Submitted,
Dina Garvey, Deputy Clerk
Board of Supervisors