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.
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