The petition of Polo Fields Investment Limited Partnership complies
with the requirements of Article 17 of the General Municipal Law and
is found to have been properly executed by qualified persons.
The public hearing on this petition reveals
no credible evidence that the annexation is not in the overall public
interest.
Both the City of Beacon and the Town of Fishkill
find the annexation to be in the overall public interest and in the
interests of the City and the town respectively, and of the owners
of the lands that are the subject of the annexation petition in that:
A. The annexation will facilitate the connection of Polo
Fields to Beacon water and sewer services, which utilities would not
be available to the Polo Fields absent the annexation.
B. The annexation will facilitate the construction of
new water and sewer improvements beyond the boundaries of the Polo
Fields in the Dutchess Junction area, which is an area presently in
need of such improvement.
C. After the annexation of the Polo Fields property and
the associated annexation of the property owned by Eastone Associates
nearby, property tax revenues will remain substantially the same for
the City and the town, with the town experiencing a small loss of
$6,322. This loss will be offset by a $22,500 payment of recreation
fees in the town. Moreover, notwithstanding any loss of property tax
revenue to the town, the benefit to the public arising from the availability
of sewer and water to areas as a result of this action is significant
and offsets the loss of taxes estimated on record.
D. The construction of the Polo Fields project will result
in the construction of a new firehouse for the Dutchess Junction Fire
Company at no cost to the taxpayer.
E. When the Polo Fields Development is occupied, residents
of the development will spend money in both the City of Beacon and
the Town of Fishkill, which will increase Dutchess County sales tax
revenues and is anticipated to increase the share of sales tax revenues
to each municipality.
F. It is anticipated that many of the residents of the
Polo Fields project will work outside Dutchess County, meaning the
money spent by these residents in Dutchess County will be earned elsewhere.
G. Annexation of part of Polo Fields into the City of
Beacon will increase property tax revenues to the City of Beacon,
and will permit the improvement of the area of Polo Fields that remains
in Fishkill, resulting in increased assessments overall.
Beacon and Fishkill shall execute agreements
for the provision of water and sewer to the entire Polo Fields Development.
The findings contained herein are subject to these agreements being
fully approved and executed by the City Council and the Town Board.
This local law and the annexation are contingent on the execution
of these agreements.
Property taxes due to the City and the town
will be adjusted pro rata to account for the change of taxable status
after the taxable status date as that term is defined in the Real
Property Tax Law.
The town will continue to maintain Slocum Road.
Pursuant to § 714 of the General Municipal
Law, a public hearing is not required prior to the enactment of this
local law. A referendum is not required, since there are no owner-residents
in the area being annexed.
This local law will become effective upon the
execution of the aforesaid water and sewer agreements between the
City and the town and the filing of this local law with the Secretary
of State.
The zoning designation of this annexed area
shall be set forth in a separate local law enacted by the City Council
of the City of Beacon.
The annexation described in the petition (Exhibit
A) is approved; and it is ordered that the consent and approval of
the City Council of the City of Beacon is hereby granted to the annexation
of the area described in the petition (Exhibit A).