HUD Director

New York Area OfficeUS Department or Housing and Urban Development

26 Federal Plaza

New York, NY 10278

Dear Director and Commissioner;

I write in opposition to the release of HUD Funds for this project. The Fairview Fire District is a small district that is understaffed and has insufficient capacity to handle the additional project demands for fire and related services. Adding a project of this size severely increases the health and safety risk to an already stressed emergency system.

I strongly disagree with the “Findings by Dutchess County Planning” because of flawed and inaccurate comments and conclusions in the Public Safety-Fire and Emergency Medical section and the Summary of Findings and Conclusions section. In addition, these comments demonstrate a lack of understanding of the conditions and emergency services within the Fairview Fire district.

County Planning has not contacted the Fairview Fire District in any form including letter, phone or email in regard to this project.

Town and County Planning would like you to believe that the issue is money and “that the increased taxes would add the needed capacity”. Nothing could be further from reality.

Both Town and County Planning have stated that workforce and senior housing is needed. Then in a rush to judgment, did not take a real and serious look at the negative health, safety and quality of life impacts to the Fairview Fire district.

I do not disagree that low income housing is needed in the County but we should not substitute the health and safety of the residents to achieve a goal.

The Public Safety-Emergency Medical section the County’s Finding states: ”Nature of project is such that it will have minimal impact on public safety and medical services. Property will pay taxes and these taxes will allow the Town to increase capacity to offset the modest increase in demand anticipated due to this project.”

This statement is flawed, inaccurate and misleading for the following reasons:

1.      The Fairview Fire District would provide the emergency medical service for this proposed project, not the Town.

2.      A Town cannot fund or operate a Fire and/or Emergency service company or district.

3.      Fairview is a Fire District and financed by a property fire tax only. The district receives no Town revenue or County revenue/sales tax.

4.      The Fairview District’s Fire Chief is on written and public record that there is insufficient capacity to handle the additional projects demands for fire and related services.

5.      With regards to forever paying taxes:

a.       As currently proposed, property ownership will be transferred to a "legal owner" that is a not-for-profit corporation-Pendell Commons Housing Development Fund Company Inc..

b.      The agreement that the property will forever pay full taxes or a payment equal to is not a condition of the SEQRA negative declaration by the Town Planning Board.

c.       A unsigned agreement between Town of Poughkeepsie and Pendell Commons Housing Development Fund Company Inc. was approved on 1/20/2010 by the Town of Poughkeepsie Town Board.

d.      The Fairview Fire District is on record with concerns about this above proposed agreement and that it appears to be inappropriate for the future protection to the Fairview Fire district. The Town or County has not contacted the Fairview Fire district on these concerns.

The Public Safety-Fire section the County’s Finding states: “Project will have a modest impact on the Fairview Fire District.  There are existing financial pressures on the district and its taxpayers due to a large number of tax-exempt properties in the district.  This property will pay taxes as required by NYS Real Property Tax Law and these taxes will allow the District to increase capacity to offset the modest increase in demand anticipated due to this project.  As such, we expect this project will have minimal impact on this district.”

1.      The property’s "legal owner" is proposed to be a not-for-profit corporation-Pendell Commons Housing Development Fund Company Inc..

2.      If the district does receive the proposed promised modest estimated $60,000 fire tax income, it would not increase the district’s service capacity with its 24-7 operation and a $3.1 million budget used mostly to service 2 colleges and a hospital and many other tax-free properties.

a.       This modest increase in district revenue cannot even hire and equip one-half a firefighter for one shift.

b.      A Fairview resident with a $250,000 home pays $1,265.00 and the county average for a home of the same value would pay $263.00.

3.      The Fire district is under staffed (by accepted standards) and has increasingly depended upon mutual aid (backup) to handle the normal emergency service load of the district.

a.       An Example: If a emergency call comes in from a college-then Fairview rolls and engine and ambulance. Each by law must have two men aboard. A Fairview staff is four firefighters per shift, leaving zero firefighters left in the firehouse to respond to a second call. Mutual aid will have to respond and there is always some delay when backup is called.

b.      When the burden on emergency services increases on an already overburdened emergency system it becomes not will but when will a tragedy happen.

c.       If mutual aid fails to respond quickly you can have a life threating condition and who will be the causality; the heart attack victim, the person trapped in car accident, the person trapped in a burning building or the fireman?

Summary of Findings and Conclusions, the County Planning states: “Project will have no significant adverse effects on the area.  The most significant issue affecting this project are existing financial pressures on the Fairview Fire District and its taxpayers due to a large number of tax-exempt properties in the district.  This property will pay taxes as required by NYS Real Property Tax law and these taxes will allow the District to increase capacity to offset the modest increase in demand anticipated due to this project.  As such, we expect this project will have minimal impact on this district.  Additionally, due to concerns about sale of this property to a tax-exempt entity the Town is requiring that the developer enter into an agreement promising that should be sell the property to a tax-exempt entity that it will continue to pay taxes as required by NYS Real Property Tax Law. 

Property will have positive benefit in that it will address the need for senior and workforce housing clearly identified in the recently completed Regional Housing Needs Assessment.”

1.      The problems and concerns for the above “Summary of Findings and Conclusions” have already been stated earlier in this letter.

2.      The need for Low Income and Senior Housing in the community is not questioned.  The location and the safety, health and quality of life impact on the immediate community is the reason that the project should not be funded.

3.      The needs for additional low cost housing should not and must not take priority over the critical health and safety needs of the residents of the Fairview Fire District.

4.      To use an analogy:  if this project was within a Sewer District that has insufficient capacity to handle the additional project demands in its collection system and treatment facility and posed a health, safety and quality of life problems, that project would receive a Positive Declaration and would be put on hold or downsized. The project would not be allowed to proceed and HUD would not release these funds.

          **** Why is this same standard not applied to the critical life safety of the public?

Respectfully,

Robert Gephard

Resident Fairview Fire District