From http://article78.com/primer/2.shtml
An Article 78 is a type of lawsuit. It was created by the New York legislature in 1937. Generally, Article 78 proceedings are used to challenge action (or inaction) by agencies and officers of state and local government. Sometime even the actions of private corporations are subject to Article 78 review. If you feel that an agency has screwed up your administrative case, filing an Article 78 will bring your case into a New York Supreme Court. There, a judge will review your administrative case, scrutinize the agency's actions and decisions, and if necessary reverse an agency's decision. If you are concerned that you will be harmed by the agency's action while you are waiting for the judge to complete his review of the case, the judge can prevent the agency from taking any further action until the Article 78 has been resolved.
Sunday, June 29, 2008
Town Sues Over DCC Dorm Plan (Pok. Journal 6/29/08)
June 29, 2008
Town sues over DCC dorm plan
Action cites failure to seek environmental review
By Michael Valkys
Poughkeepsie Journal
The Town of Poughkeepsie has initiated legal action that will likely delay Dutchess Community College's plan to open a dormitory complex next year off Cottage Road in the town.
The town, in court papers, claims the project failed to undergo the environmental review process known as SEQR, or state environmental quality review. The town argues that review should have been triggered when the county Legislature in March voted to pursue a lease agreement needed for the dorm project to proceed.
Town special counsel Rich-ard Cantor filed what is known as an Article 78 proceeding in state Supreme Court in Westchester County, asking it be heard in the court's Environmental Claims Part. Article 78 actions allow plaintiffs to challenge decisions by governing bodies or agencies.
A judge would eventually decide whether the town's case has merit.
The town, and three residents, are challenging the March vote by the Legislature that supported entering into a long-term lease agreement with the Dutchess Community College Association regarding county-owned land where the 450-student dormitory would be located.
Cantor said the town wants the Legislature's resolution nullified because it "required an environmental review before its adoption."
In court papers, the town asserts it is "an involved agency" for a SEQR review because the dorm project is subject to town land-use laws.
Residents join petition
Along with the town, residents Kenneth and Cheryl Rose and Karin Hanson are listed as petitioners in the action. Court papers said the residents live near the proposed dorm site and could be adversely affected if the complex is constructed.
Named as respondents in the town's case are the county, the college and its association.
County Attorney Ronald Wozniak did not immediately return a call Friday seeking comment, nor did college spokeswoman Ann Winfield.
While the Legislature ap-proved moving forward with a lease agreement, no final proposal from the college has been sent to that body for approval and no lease has been signed.
But in court papers filed June 20, Cantor argues the March vote indicates the agreement is essentially a done deal and "practically determinative" of a future course of action.
"Barring unforeseen circumstances," Cantor wrote, "the lease has for all practical purposes been approved."
Legislature Chairman Roger Higgins, D-New Hamburg, noted that body discussed many issues, including questions about environmental effects, before the March resolution was approved by a single vote, 13-12. He said approval of a final lease agreement is far from certain.
"To me it's very presumptive to think it's a done deal," Higgins said of the town's argument that the March vote was tantamount to final approval. "It would seem to me they are on somewhat shaky legal ground."
Court papers indicate the matter is due to be heard July 31 in White Plains.
2009 opening was sought
College officials have said they hoped to have the dorm complex open by fall 2009, which appears unlikely with the matter tied up in court.
The dorm proposal has also sparked concern from residents in the Fairview Fire District. Many are worried over rising fire taxes in a district dominated by tax-exempt properties.
To help ease the crunch on taxpayers and offset costs, the college association agreed to pay the fire district $75,000 next year. The payment would increase 3 percent each year until 2012, when the deal would be renegotiated.
Critics of the deal have said the payments will not be enough to cover increased costs the dorm might bring the fire district.
Town officials and residents are also concerned over traffic the dorm might generate, and its impact on safety in Fairview.
The dorm project faces other potential hurdles.
The town board is considering a nine-month moratorium on residential development in institutional zones. Such zones include land where local colleges and Saint Francis Hospital are located. A public hearing on the proposed moratorium is set for July 9.
Supporters of the dorm project have cited a 2005 study commissioned by the college association that found a need for affordable housing on campus.
College officials have said the complex would make DCC more attractive to students and eliminate commutes for many who live far from the school's Poughkeepsie campus.
Town sues over DCC dorm plan
Action cites failure to seek environmental review
By Michael Valkys
Poughkeepsie Journal
The Town of Poughkeepsie has initiated legal action that will likely delay Dutchess Community College's plan to open a dormitory complex next year off Cottage Road in the town.
The town, in court papers, claims the project failed to undergo the environmental review process known as SEQR, or state environmental quality review. The town argues that review should have been triggered when the county Legislature in March voted to pursue a lease agreement needed for the dorm project to proceed.
Town special counsel Rich-ard Cantor filed what is known as an Article 78 proceeding in state Supreme Court in Westchester County, asking it be heard in the court's Environmental Claims Part. Article 78 actions allow plaintiffs to challenge decisions by governing bodies or agencies.
A judge would eventually decide whether the town's case has merit.
The town, and three residents, are challenging the March vote by the Legislature that supported entering into a long-term lease agreement with the Dutchess Community College Association regarding county-owned land where the 450-student dormitory would be located.
Cantor said the town wants the Legislature's resolution nullified because it "required an environmental review before its adoption."
In court papers, the town asserts it is "an involved agency" for a SEQR review because the dorm project is subject to town land-use laws.
Residents join petition
Along with the town, residents Kenneth and Cheryl Rose and Karin Hanson are listed as petitioners in the action. Court papers said the residents live near the proposed dorm site and could be adversely affected if the complex is constructed.
Named as respondents in the town's case are the county, the college and its association.
County Attorney Ronald Wozniak did not immediately return a call Friday seeking comment, nor did college spokeswoman Ann Winfield.
While the Legislature ap-proved moving forward with a lease agreement, no final proposal from the college has been sent to that body for approval and no lease has been signed.
But in court papers filed June 20, Cantor argues the March vote indicates the agreement is essentially a done deal and "practically determinative" of a future course of action.
"Barring unforeseen circumstances," Cantor wrote, "the lease has for all practical purposes been approved."
Legislature Chairman Roger Higgins, D-New Hamburg, noted that body discussed many issues, including questions about environmental effects, before the March resolution was approved by a single vote, 13-12. He said approval of a final lease agreement is far from certain.
"To me it's very presumptive to think it's a done deal," Higgins said of the town's argument that the March vote was tantamount to final approval. "It would seem to me they are on somewhat shaky legal ground."
Court papers indicate the matter is due to be heard July 31 in White Plains.
2009 opening was sought
College officials have said they hoped to have the dorm complex open by fall 2009, which appears unlikely with the matter tied up in court.
The dorm proposal has also sparked concern from residents in the Fairview Fire District. Many are worried over rising fire taxes in a district dominated by tax-exempt properties.
To help ease the crunch on taxpayers and offset costs, the college association agreed to pay the fire district $75,000 next year. The payment would increase 3 percent each year until 2012, when the deal would be renegotiated.
Critics of the deal have said the payments will not be enough to cover increased costs the dorm might bring the fire district.
Town officials and residents are also concerned over traffic the dorm might generate, and its impact on safety in Fairview.
The dorm project faces other potential hurdles.
The town board is considering a nine-month moratorium on residential development in institutional zones. Such zones include land where local colleges and Saint Francis Hospital are located. A public hearing on the proposed moratorium is set for July 9.
Supporters of the dorm project have cited a 2005 study commissioned by the college association that found a need for affordable housing on campus.
College officials have said the complex would make DCC more attractive to students and eliminate commutes for many who live far from the school's Poughkeepsie campus.
Pomp Amid Protest (The Dutchess Beat 5/23/08)
The Dutchess Beat - May 23, 2008
Pomp amid protest
DCC graduates reflect as Fairview residents protest dorm building plan
By Greg Lucid
Almost 900 graduating students gathered at Dutchess Community College for the school’s 49th commencement on May 15 at George A. Strba Soccer Field in Poughkeepsie, while some residents turned out on a nearby road to protest the college’s plan to build dormitories.
Laura Newswanger of Hyde Park had a look of joy and determination on her face after completing two years of study at the college. With her tassel turned, Newswanger said she knows her education doesn’t end at DCC.
“It feels good, but it’s only the halfway mark,” she said, adding that she looks forward to attending the State University of New York at Oneonta, where she will major in nutrition.
Indeed, the overall message at the ceremony was clear: one’s education shouldn’t end at graduation.
“You can and must never stop learning,” said graduation speaker Anthony V. Campilii, a member of the Class of 1960, the first graduating class of DCC, who added to students that they should participate in charitable and civic activities beyond the classroom.
Shannan Sweeney of Wappingers Falls, a graduate from the business program at DCC, said her three years at the college were well-spent because of class size.
“It’s a lot smaller, and you learn more about yourself,” she said.
Some students reflected on their mentors, friends and teachers who they will miss. Peter Martin of Pawling, a liberal arts and humanities degree recipient, plans on attending the State University of New York at Binghamton and said he will remember the advice one of his professors, Richard Reitano, the ceremony’s faculty marshal, lectured to him.
“He (Reitano) said you should never make excuses about anything in life,” Martin said.
Unfair?
Following the ceremony, approximately 12 individuals from a disgruntled citizens group, Fairness for Fairview, chanted “No Dorms Needed” along Cottage Road on county property near DCC, in reference to the school’s proposal to build a 450-bed dormitory along the road as part of Phase I of a construction project.
Town residents such as Fairness member Virginia Buechele are angry that the county and DCC are moving ahead with plans to build the dorm, when DCC and Marist College, two colleges in the Fairview Fire District, are tax-exempt, and make up for the majority of calls to the district.
Buechele said Fairness for Fairview didn’t want to spoil the graduation, so the group waited until the end of the ceremony near one of the college’s exits.
“We have a right to assemble and protest,” she said, adding that the group had received approval to rally from the town attorney and police department.
“They didn’t disrupt the ceremony,” said Ann Winfield, director of community relations at DCC. “The college understands that the citizens wanted to get their concerns heard. We take the community’s concerns seriously.”
“We’ve got a lot of people’s attention. We wanted to do this in a respectful way. I think we did. We didn’t even come out here until 7:30 p.m. and by that point graduation was two-thirds done,” said Kurt Hornick, spokesman for Fairness for Fairview.
Buechele and several others also protested along Route 9 at Marist College’s commencement ceremony on May 17.
Hornick said Marist pays town police overtime for any events such as a college graduation ceremony.
“Fire and EMT calls are the ultimate cost passed on to the taxpayer,” Hornick said. “If Marist could pay for services they use, it would help homeowners.”
“Dutchess and Marist need to be aware of the gravity of the situation,” Hornick said. “People are losing their homes because the fire tax is out of control.”
The fire district responded to 247 incidents in 2007 at Marist College, and 109 incidents so far in 2008, while they answered approximately 49 calls in 2007 at DCC and 19 so far this year.
“The people of Fairview have a valid point in that they need help with high taxes,” said Tim Massie, Marist College spokesman. “Marist should not be the target.”
Pomp amid protest
DCC graduates reflect as Fairview residents protest dorm building plan
By Greg Lucid
Almost 900 graduating students gathered at Dutchess Community College for the school’s 49th commencement on May 15 at George A. Strba Soccer Field in Poughkeepsie, while some residents turned out on a nearby road to protest the college’s plan to build dormitories.
Laura Newswanger of Hyde Park had a look of joy and determination on her face after completing two years of study at the college. With her tassel turned, Newswanger said she knows her education doesn’t end at DCC.
“It feels good, but it’s only the halfway mark,” she said, adding that she looks forward to attending the State University of New York at Oneonta, where she will major in nutrition.
Indeed, the overall message at the ceremony was clear: one’s education shouldn’t end at graduation.
“You can and must never stop learning,” said graduation speaker Anthony V. Campilii, a member of the Class of 1960, the first graduating class of DCC, who added to students that they should participate in charitable and civic activities beyond the classroom.
Shannan Sweeney of Wappingers Falls, a graduate from the business program at DCC, said her three years at the college were well-spent because of class size.
“It’s a lot smaller, and you learn more about yourself,” she said.
Some students reflected on their mentors, friends and teachers who they will miss. Peter Martin of Pawling, a liberal arts and humanities degree recipient, plans on attending the State University of New York at Binghamton and said he will remember the advice one of his professors, Richard Reitano, the ceremony’s faculty marshal, lectured to him.
“He (Reitano) said you should never make excuses about anything in life,” Martin said.
Unfair?
Following the ceremony, approximately 12 individuals from a disgruntled citizens group, Fairness for Fairview, chanted “No Dorms Needed” along Cottage Road on county property near DCC, in reference to the school’s proposal to build a 450-bed dormitory along the road as part of Phase I of a construction project.
Town residents such as Fairness member Virginia Buechele are angry that the county and DCC are moving ahead with plans to build the dorm, when DCC and Marist College, two colleges in the Fairview Fire District, are tax-exempt, and make up for the majority of calls to the district.
Buechele said Fairness for Fairview didn’t want to spoil the graduation, so the group waited until the end of the ceremony near one of the college’s exits.
“We have a right to assemble and protest,” she said, adding that the group had received approval to rally from the town attorney and police department.
“They didn’t disrupt the ceremony,” said Ann Winfield, director of community relations at DCC. “The college understands that the citizens wanted to get their concerns heard. We take the community’s concerns seriously.”
“We’ve got a lot of people’s attention. We wanted to do this in a respectful way. I think we did. We didn’t even come out here until 7:30 p.m. and by that point graduation was two-thirds done,” said Kurt Hornick, spokesman for Fairness for Fairview.
Buechele and several others also protested along Route 9 at Marist College’s commencement ceremony on May 17.
Hornick said Marist pays town police overtime for any events such as a college graduation ceremony.
“Fire and EMT calls are the ultimate cost passed on to the taxpayer,” Hornick said. “If Marist could pay for services they use, it would help homeowners.”
“Dutchess and Marist need to be aware of the gravity of the situation,” Hornick said. “People are losing their homes because the fire tax is out of control.”
The fire district responded to 247 incidents in 2007 at Marist College, and 109 incidents so far in 2008, while they answered approximately 49 calls in 2007 at DCC and 19 so far this year.
“The people of Fairview have a valid point in that they need help with high taxes,” said Tim Massie, Marist College spokesman. “Marist should not be the target.”
Fed up Fairview Residents Protest (Hyde Park Townsman 5/29/08)
Fed up Fairview residents protest
By: Matthew Renda, Staff Reporter
05/29/2008 - Hyde Park Townsman
While students at Dutchess Community College and Marist College were flinging their caps into the air in a jubilant celebration of graduation, protestors from Fairness for Fairview were attempting to spread the word about the unfair taxes being levied against residents who make their homes inside the Fairview Fire District.
Fairness for Fairview is comprised of disaffected residents living within the Fairview Fire District who have organized in an attempt to disseminate their message regarding what they see as an unfair tax situation afflicting the area.
The Fairview Fire District, which straddles the border of Poughkeepsie and Hyde Park, is home to Marist College, Dutchess Community College, the Children's Home of Poughkeepsie and St. Francis Hospital, all of which are afforded tax-exempt status according to the constitution of the state of New York.
Thus, homeowners, who only constitute approximately 20 percent of the district, are responsible for paying 100 percent of the cost associated with operating a fire district.
To make matters even worse for taxpayers, all of the tax-exempt institutions within the district create a serious need for the services. Firefighters are required by law to respond to every alarm that sounds on a college campus, which includes a large number of false alarms in the dormitories, where a college student might burn popcorn in a microwave and set off alarms, for example.
Residents are furious that despite being a large burden on the fire services, these institutions have not financially contributed to the district operation.
The situation was recently exacerbated by the Dutchess County government's decision to sell a parcel of land to Dutchess Community College for the express purpose of constructing a dormitory.
Residents met at Violent Avenue Elementary last month in order to express their fury and demand that elected officials find a resolution to the tax problem.
"I have a quarter-acre parcel of land and my fire taxes were $1,100 this year," said Karin Hanson, one of the principal organizers of Fairness for Fairview. "I live in Poughkeepsie and I have been told by Hyde Park residents living in the district that their taxes have gone up by more than 30 percent."
Hanson said the Fairness for Fairview organization wanted to protest the graduations in order to spread the word about the unfair plight that she and her fellow residents have been saddled with.
"We are not anti-education," she said. "We just believe that Marist and Dutchess (Community College) are not paying their fair share of taxes. We hope that getting the word out will put pressure on government officials to respond to the situation."
During the recent meeting at Violet Avenue Elementary, representatives from the state government were lustily booed by hundreds of residents who had gathered for the event.
State Assemblyman Joel Miller (R,C,I-Poughkeepsie) promised he would contact County Executive William Steinhaus, who he identified as the primary culprit in the ongoing tax debacle.
State Sen. Steve Saland (R,C-Poughkeepsie) made a similar pledge.
According to Hanson, she had not heard of any progress from the government.
"We are still waiting to hear from Mr. Steinhaus," she said.
Until progress is made, Hanson said that she and her cohorts would continue to exploit every opportunity to spread the message regarding the unfair situation in the Fairview Fire District.
©Hyde Park Townsman 2008
By: Matthew Renda, Staff Reporter
05/29/2008 - Hyde Park Townsman
While students at Dutchess Community College and Marist College were flinging their caps into the air in a jubilant celebration of graduation, protestors from Fairness for Fairview were attempting to spread the word about the unfair taxes being levied against residents who make their homes inside the Fairview Fire District.
Fairness for Fairview is comprised of disaffected residents living within the Fairview Fire District who have organized in an attempt to disseminate their message regarding what they see as an unfair tax situation afflicting the area.
The Fairview Fire District, which straddles the border of Poughkeepsie and Hyde Park, is home to Marist College, Dutchess Community College, the Children's Home of Poughkeepsie and St. Francis Hospital, all of which are afforded tax-exempt status according to the constitution of the state of New York.
Thus, homeowners, who only constitute approximately 20 percent of the district, are responsible for paying 100 percent of the cost associated with operating a fire district.
To make matters even worse for taxpayers, all of the tax-exempt institutions within the district create a serious need for the services. Firefighters are required by law to respond to every alarm that sounds on a college campus, which includes a large number of false alarms in the dormitories, where a college student might burn popcorn in a microwave and set off alarms, for example.
Residents are furious that despite being a large burden on the fire services, these institutions have not financially contributed to the district operation.
The situation was recently exacerbated by the Dutchess County government's decision to sell a parcel of land to Dutchess Community College for the express purpose of constructing a dormitory.
Residents met at Violent Avenue Elementary last month in order to express their fury and demand that elected officials find a resolution to the tax problem.
"I have a quarter-acre parcel of land and my fire taxes were $1,100 this year," said Karin Hanson, one of the principal organizers of Fairness for Fairview. "I live in Poughkeepsie and I have been told by Hyde Park residents living in the district that their taxes have gone up by more than 30 percent."
Hanson said the Fairness for Fairview organization wanted to protest the graduations in order to spread the word about the unfair plight that she and her fellow residents have been saddled with.
"We are not anti-education," she said. "We just believe that Marist and Dutchess (Community College) are not paying their fair share of taxes. We hope that getting the word out will put pressure on government officials to respond to the situation."
During the recent meeting at Violet Avenue Elementary, representatives from the state government were lustily booed by hundreds of residents who had gathered for the event.
State Assemblyman Joel Miller (R,C,I-Poughkeepsie) promised he would contact County Executive William Steinhaus, who he identified as the primary culprit in the ongoing tax debacle.
State Sen. Steve Saland (R,C-Poughkeepsie) made a similar pledge.
According to Hanson, she had not heard of any progress from the government.
"We are still waiting to hear from Mr. Steinhaus," she said.
Until progress is made, Hanson said that she and her cohorts would continue to exploit every opportunity to spread the message regarding the unfair situation in the Fairview Fire District.
©Hyde Park Townsman 2008
Town Hires Lawyer, Preps For Dorm Fight (Pok. Journal 5/30/08)
Town hires lawyer, preps for dorm fight
Poughkeepsie Journal (NY) - May 30, 2008
Author: STAFF ; Michael Valkys
Preparing for a possible legal fight over a proposed 450-student dormitory they oppose near Dutchess Community College , Town of Poughkeepsie leaders have hired an attorney to handle any litigation that may arise.
The town board recently voted 7-0 to hire local attorney Richard Cantor as a special counsel at $175 per hour. No cap was placed on how much Cantor could eventually earn.
While town officials stopped short of saying they would definitely go to court over the dorm issue, Supervisor Patricia Myers said Cantor was hired "in case we need him" to represent Poughkeepsie.
Town officials have opposed construction of the townhouse-style dorm complex off Cottage Road near the college in the town's Fairview section.
The county Legislature in March approved a measure supporting a long-term lease agreement with the Dutchess Community College Association regarding the county-owned land where the dorm would be located. The lease proposal is still being developed, and any agreement must be approved by the Legislature. College officials hope to have the dorm open by fall 2009.
Myers said whether the town goes to court "depends on what the county Legislature does."
She said town leaders vehemently oppose the current dorm plan, citing safety concerns related to traffic and the impact on residents in the heavily taxed Fairview Fire District.
"We still remain adamant this is a town issue and the town should be in charge," Myers said.
Town officials and others contend the project should go through the town planning board for approvals. No such review would apparently be required under the current proposal, and may be an issue for a court to decide.
Legislature Chairman Roger Higgins, D-New Hamburg, said "I don't have any problems" with the town's decision to hire an attorney.
"They represent a certain constituency and they think it's important their position is represented," Higgins said of town leaders.
Taxes a worry for Fairview
The Legislature approved the lease measure, which gained bipartisan support, in a 13-12 vote.
Higgins, who voted for the measure, said college officials are finalizing a lease proposal for the Legislature to review. If that body approves it, the lease would then go to County Executive William Steinhaus for his approval.
College spokeswoman Ann Winfield said Thursday officials there had no comment on the town's decision to hire a lawyer, or on the status of the lease proposal.
College officials have said the dorm would reduce commutes of students living far from campus. A 2005 study commissioned by the college association reported a need for affordable on-campus housing.
Fairview residents have told legislators they are worried their taxes would rise due to the increased burden of emergency calls if the dorm is built. Most property in the fire district is tax-exempt.
The college association has agreed to pay the fire district $75,000 in 2009 in an effort to offset costs. That figure would increase 3 percent each year until 2012, when the payments would be renegotiated.
Some have questioned whether that money would be enough to cover increased costs the dorm complex would bring to the fire district.
Poughkeepsie Journal (NY) - May 30, 2008
Author: STAFF ; Michael Valkys
Preparing for a possible legal fight over a proposed 450-student dormitory they oppose near Dutchess Community College , Town of Poughkeepsie leaders have hired an attorney to handle any litigation that may arise.
The town board recently voted 7-0 to hire local attorney Richard Cantor as a special counsel at $175 per hour. No cap was placed on how much Cantor could eventually earn.
While town officials stopped short of saying they would definitely go to court over the dorm issue, Supervisor Patricia Myers said Cantor was hired "in case we need him" to represent Poughkeepsie.
Town officials have opposed construction of the townhouse-style dorm complex off Cottage Road near the college in the town's Fairview section.
The county Legislature in March approved a measure supporting a long-term lease agreement with the Dutchess Community College Association regarding the county-owned land where the dorm would be located. The lease proposal is still being developed, and any agreement must be approved by the Legislature. College officials hope to have the dorm open by fall 2009.
Myers said whether the town goes to court "depends on what the county Legislature does."
She said town leaders vehemently oppose the current dorm plan, citing safety concerns related to traffic and the impact on residents in the heavily taxed Fairview Fire District.
"We still remain adamant this is a town issue and the town should be in charge," Myers said.
Town officials and others contend the project should go through the town planning board for approvals. No such review would apparently be required under the current proposal, and may be an issue for a court to decide.
Legislature Chairman Roger Higgins, D-New Hamburg, said "I don't have any problems" with the town's decision to hire an attorney.
"They represent a certain constituency and they think it's important their position is represented," Higgins said of town leaders.
Taxes a worry for Fairview
The Legislature approved the lease measure, which gained bipartisan support, in a 13-12 vote.
Higgins, who voted for the measure, said college officials are finalizing a lease proposal for the Legislature to review. If that body approves it, the lease would then go to County Executive William Steinhaus for his approval.
College spokeswoman Ann Winfield said Thursday officials there had no comment on the town's decision to hire a lawyer, or on the status of the lease proposal.
College officials have said the dorm would reduce commutes of students living far from campus. A 2005 study commissioned by the college association reported a need for affordable on-campus housing.
Fairview residents have told legislators they are worried their taxes would rise due to the increased burden of emergency calls if the dorm is built. Most property in the fire district is tax-exempt.
The college association has agreed to pay the fire district $75,000 in 2009 in an effort to offset costs. That figure would increase 3 percent each year until 2012, when the payments would be renegotiated.
Some have questioned whether that money would be enough to cover increased costs the dorm complex would bring to the fire district.
Town Weighs Time-out; Dorm Plan May Stall (Pok. Journal 6/5/08)
Town weighs time-out; dorm plan may stall
Poughkeepsie Journal (NY) - June 5, 2008
Author: STAFF ; Christine Pizzuti
The Poughkeepsie town board could approve a temporary moratorium on residential development in institutional zones, affecting Dutchess Community College's plan to build dorms for 450 students.
The board Wednesday night voted to hold a public hearing on the subject July 9. The decision came after the board discovered it overlooked institutional properties' potentials when building the master plan, Supervisor Patricia Myers said.
"When we did the master plan, the new zoning, we overlooked the potential buildout in the institutional districts and whatever impact that would have on the community," Myers said. "We want to step back for a moment."
College President D. David Conklin could not be reached for comment Wednesday night.
The temporary moratorium would last nine months. It would apply to all institutional zones, including Vassar and Marist colleges and Saint Francis Hospital.
In 2005, the board enacted a temporary moratorium on large residential projects, but extended it several times in 28 months. It expired in September 2007.
In late March, the Dutchess County Legislature approved the development of a lease agreement between the county and the DCC Association to build dorms. Before the Legislature approved the agreement, the town board sent a letter asking it not to consider the lease, based on taxes and an overwhelmed fire department, among other reasons.
"Often, these not-for-profit entities need to pay their fair share of the fire and EMT services, which are being pushed on the backs of homeowners in the Fairview Fire District," said Kurt Hornick, who coordinates a group of concerned residents called Fairness for Fairview. "And Marist, DCC and Saint Francis are the biggest offenders of that."
Poughkeepsie Journal (NY) - June 5, 2008
Author: STAFF ; Christine Pizzuti
The Poughkeepsie town board could approve a temporary moratorium on residential development in institutional zones, affecting Dutchess Community College's plan to build dorms for 450 students.
The board Wednesday night voted to hold a public hearing on the subject July 9. The decision came after the board discovered it overlooked institutional properties' potentials when building the master plan, Supervisor Patricia Myers said.
"When we did the master plan, the new zoning, we overlooked the potential buildout in the institutional districts and whatever impact that would have on the community," Myers said. "We want to step back for a moment."
College President D. David Conklin could not be reached for comment Wednesday night.
The temporary moratorium would last nine months. It would apply to all institutional zones, including Vassar and Marist colleges and Saint Francis Hospital.
In 2005, the board enacted a temporary moratorium on large residential projects, but extended it several times in 28 months. It expired in September 2007.
In late March, the Dutchess County Legislature approved the development of a lease agreement between the county and the DCC Association to build dorms. Before the Legislature approved the agreement, the town board sent a letter asking it not to consider the lease, based on taxes and an overwhelmed fire department, among other reasons.
"Often, these not-for-profit entities need to pay their fair share of the fire and EMT services, which are being pushed on the backs of homeowners in the Fairview Fire District," said Kurt Hornick, who coordinates a group of concerned residents called Fairness for Fairview. "And Marist, DCC and Saint Francis are the biggest offenders of that."
Town Poised to Sue Over Dorm Plan (Pok Journal 6/13/08)
Town poised to sue over dorm plan
Poughkeepsie Journal (NY) - June 13, 2008
Author: STAFF ; Michael Valkys
The Town of Poughkeepsie will go to court to fight a proposal from Dutchess Community College to build a dormitory complex in the town's Fairview section.
The town board Wednesday authorized special counsel Richard Cantor to initiate what is known as an Article 78 proceeding, a type of lawsuit in which plaintiffs can challenge decisions by governing bodies or agencies.
Supervisor Patricia Myers said the town is seeking control of the approval process for the project, which apparently does not have to go through the town planning board.
"This piece of property is in the Town of Poughkeepsie," Myers said Thursday of the proposed dorm site off Cottage Road. "The Town of Poughkeepsie should be the one making the decisions. ... That's the crux of the matter."
The court action, and other moves by town officials, could delay construction of the dorm, which college officials hoped to open by fall 2009.
Anticipating a legal fight, the town last month hired the Poughkeepsie-based Cantor at a rate of $175 per hour. He did not return calls Thursday seeking comment.
It was not immediately clear what entities might be named as defendants in the town's case. The resolution approved Wed-nesday by the town board listed "Dutchess County et al."
Myers said potential defendants include the county, the college and its association.
"It could be everybody," Myers said, adding Cantor is expected to file the suit soon.
College spokeswoman Ann Winfield said officials there had no comment.
Lease deal sought
The county Legislature in March approved a measure supporting a long-term lease agreement with the Dutchess Community College Association regarding the county-owned land where the dorm complex would be located.
No final lease proposal from the college has been sent to the county Legislature for consideration.
Legislature Chairman Roger Higgins, D-New Hamburg, seemed perplexed by the town's decision to go to court, noting a final lease proposal has yet to be submitted to county lawmakers.
"I don't know how you can launch any legal action," Higgins said. "There's been nothing signed."
If approved by the Legislature, the lease would then go to County Executive William Steinhaus for his approval.
Judge could decide
With the town's pending court action, a judge could ultimately decide if county officials have acted properly regarding the proposal, and whether the town planning board should have the final say over the project.
The town's decision to challenge the proposal is the latest potential setback for the project, which has faced opposition from Fairview residents. Many there are concerned about rising fire taxes in a district laden with tax-exempt properties.
In an effort to ease the burden on taxpayers and offset costs, the college association has agreed to pay the Fairview Fire District $75,000 next year. That payment would increase 3 percent each year until 2012, when the deal would be renegotiated.
Some officials and residents have questioned whether the payments will be enough to cover increased costs the dorm might bring the fire district.
Town officials and residents have also expressed concerns over traffic the 450-student dorm might generate, and its impact on safety in the area.
The town board Wednesday also rehired consultant Neil Wilson, who helped develop the town's new master plan. Wilson will work with an engineer to review the college's dorm proposal and examine issues such as traffic, wastewater and other potential effects.
The dorm project faces another potential hurdle that could delay college plans to have the units open by next year.
The town board is considering approving a temporary moratorium on residential development in institutional zones, which includes land where local colleges and Saint Francis Hospital are located.
The proposed moratorium, which would last nine months, could be approved July 9 following a public hearing at town hall.
Supporters of the dorm project have cited a 2005 study commissioned by the college association that found a need for affordable housing on campus.
College officials have said the complex would make DCC more attractive to students, offering them an atmosphere similar to four-year schools, where dorms are common. The dorm complex would also reduce commutes for students who live far from the school's Poughkeepsie campus.
Higgins said he ultimately wants to see a finished project "that the community can be proud of," even if that means delaying work so various issues between the town and college can be resolved.
Poughkeepsie Journal (NY) - June 13, 2008
Author: STAFF ; Michael Valkys
The Town of Poughkeepsie will go to court to fight a proposal from Dutchess Community College to build a dormitory complex in the town's Fairview section.
The town board Wednesday authorized special counsel Richard Cantor to initiate what is known as an Article 78 proceeding, a type of lawsuit in which plaintiffs can challenge decisions by governing bodies or agencies.
Supervisor Patricia Myers said the town is seeking control of the approval process for the project, which apparently does not have to go through the town planning board.
"This piece of property is in the Town of Poughkeepsie," Myers said Thursday of the proposed dorm site off Cottage Road. "The Town of Poughkeepsie should be the one making the decisions. ... That's the crux of the matter."
The court action, and other moves by town officials, could delay construction of the dorm, which college officials hoped to open by fall 2009.
Anticipating a legal fight, the town last month hired the Poughkeepsie-based Cantor at a rate of $175 per hour. He did not return calls Thursday seeking comment.
It was not immediately clear what entities might be named as defendants in the town's case. The resolution approved Wed-nesday by the town board listed "Dutchess County et al."
Myers said potential defendants include the county, the college and its association.
"It could be everybody," Myers said, adding Cantor is expected to file the suit soon.
College spokeswoman Ann Winfield said officials there had no comment.
Lease deal sought
The county Legislature in March approved a measure supporting a long-term lease agreement with the Dutchess Community College Association regarding the county-owned land where the dorm complex would be located.
No final lease proposal from the college has been sent to the county Legislature for consideration.
Legislature Chairman Roger Higgins, D-New Hamburg, seemed perplexed by the town's decision to go to court, noting a final lease proposal has yet to be submitted to county lawmakers.
"I don't know how you can launch any legal action," Higgins said. "There's been nothing signed."
If approved by the Legislature, the lease would then go to County Executive William Steinhaus for his approval.
Judge could decide
With the town's pending court action, a judge could ultimately decide if county officials have acted properly regarding the proposal, and whether the town planning board should have the final say over the project.
The town's decision to challenge the proposal is the latest potential setback for the project, which has faced opposition from Fairview residents. Many there are concerned about rising fire taxes in a district laden with tax-exempt properties.
In an effort to ease the burden on taxpayers and offset costs, the college association has agreed to pay the Fairview Fire District $75,000 next year. That payment would increase 3 percent each year until 2012, when the deal would be renegotiated.
Some officials and residents have questioned whether the payments will be enough to cover increased costs the dorm might bring the fire district.
Town officials and residents have also expressed concerns over traffic the 450-student dorm might generate, and its impact on safety in the area.
The town board Wednesday also rehired consultant Neil Wilson, who helped develop the town's new master plan. Wilson will work with an engineer to review the college's dorm proposal and examine issues such as traffic, wastewater and other potential effects.
The dorm project faces another potential hurdle that could delay college plans to have the units open by next year.
The town board is considering approving a temporary moratorium on residential development in institutional zones, which includes land where local colleges and Saint Francis Hospital are located.
The proposed moratorium, which would last nine months, could be approved July 9 following a public hearing at town hall.
Supporters of the dorm project have cited a 2005 study commissioned by the college association that found a need for affordable housing on campus.
College officials have said the complex would make DCC more attractive to students, offering them an atmosphere similar to four-year schools, where dorms are common. The dorm complex would also reduce commutes for students who live far from the school's Poughkeepsie campus.
Higgins said he ultimately wants to see a finished project "that the community can be proud of," even if that means delaying work so various issues between the town and college can be resolved.
Letter to the Editor (Pok. Journal 6/25/08)
State politicians should help middle class more
This letter is for the taxpayers of the Fairview Fire District. State Sen. Steve Saland secured a $1.2 million grant for another private school. This is taxpayer money. I don't know why the Culinary Institute of America gets state money since they have a very large endowment fund.
We get $50,000 for a command vehicle, which will need to be maintained. Our tax burden is out of sight and the answer we get from our politicians is "we're working on it."
In the meantime, St. Francis is putting up more buildings, Dutchess Community College wants dorms and Marist continues to build more dorms. All their expansions mean more property will be taken off the tax rolls and these not-for-profits will receive 100 percent services at the expense of the Fairview taxpayer.
Saland and Assemblyman Joel Miller have been in office too long and favor the rich and powerful, not middle-class citizens. Is your life better off since they have been in office?
We need change. Remember this at election time.
Thomas Sutherland, Poughkeepsie
This letter is for the taxpayers of the Fairview Fire District. State Sen. Steve Saland secured a $1.2 million grant for another private school. This is taxpayer money. I don't know why the Culinary Institute of America gets state money since they have a very large endowment fund.
We get $50,000 for a command vehicle, which will need to be maintained. Our tax burden is out of sight and the answer we get from our politicians is "we're working on it."
In the meantime, St. Francis is putting up more buildings, Dutchess Community College wants dorms and Marist continues to build more dorms. All their expansions mean more property will be taken off the tax rolls and these not-for-profits will receive 100 percent services at the expense of the Fairview taxpayer.
Saland and Assemblyman Joel Miller have been in office too long and favor the rich and powerful, not middle-class citizens. Is your life better off since they have been in office?
We need change. Remember this at election time.
Thomas Sutherland, Poughkeepsie
Letter to the Editor (Pok. Journal 5/18/08)
Reverse mortgage comment insulting
After reading a recent article in the Poughkeepsie Journal ("Remark on Fairview spurs discord," May 3), I felt it necessary to send this letter to the editor.
D. David Conklin said he did not remember the date of the public meeting when a woman spoke about the reverse mortgage. It was March 25, and I was the lady at that meeting. I mentioned the reverse mortgage and my objections to that as a solution to our senior tax problem in relation to the excessive fire tax in Fairview.
I may be 85, Conklin, but I know what a reverse mortgage is. Please do not assume, as you stated, that I don't know what a reverse mortgage is since it wasn't explained to me. If I needed it because my husband or I were in failing health, I might consider a reverse mortgage to help us with our living expenses. But not so you can have a "feather in your cap" by having dorms for DCC .
If students want to live in dorms , we have many state universities to accommodate them. Dutchess Community College should stay a community college.
Catherine Faust
Poughkeepsie
After reading a recent article in the Poughkeepsie Journal ("Remark on Fairview spurs discord," May 3), I felt it necessary to send this letter to the editor.
D. David Conklin said he did not remember the date of the public meeting when a woman spoke about the reverse mortgage. It was March 25, and I was the lady at that meeting. I mentioned the reverse mortgage and my objections to that as a solution to our senior tax problem in relation to the excessive fire tax in Fairview.
I may be 85, Conklin, but I know what a reverse mortgage is. Please do not assume, as you stated, that I don't know what a reverse mortgage is since it wasn't explained to me. If I needed it because my husband or I were in failing health, I might consider a reverse mortgage to help us with our living expenses. But not so you can have a "feather in your cap" by having dorms for DCC .
If students want to live in dorms , we have many state universities to accommodate them. Dutchess Community College should stay a community college.
Catherine Faust
Poughkeepsie
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