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.