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HomeMy WebLinkAbout2018_09_26 Town Board Minutes September 26, 2018 MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON SEPTEMBER 26, 2018, BEGINNING AT 5:00PM IN CONFERENCE ROOM A AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Nancy Seligson Councilwoman Abby Katz Councilwoman Jaine Elkind Eney Councilwoman Sabrina Fiddelman Councilman Jeffery L. King ALSO PRESENT: Christina Battalia, Town Clerk Stephen V. Altieri, Town Administrator Connie Green O’Donnell, Deputy Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER - WORK SESSION On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the Work Session was unanimously opened at 5:00PM. ADDED ITEM Update - Recent Rain Event Supervisor Seligson asked Mr. Altieri for an update on yesterday’s rain event. Mr. Altieri stated that there was heavy flooding in the areas of Myrtle Blvd, Echo Lane, Colbert Drive and Fenimore Road. On Colbert Drive a large piece of asphalt came up. There was also a tree down from the Leatherstocking Trail that landed in the stream behind a house off Rockland Avenue. Update – Community Solar Program Mr. Altieri stated that four firms have responded to the RFP. Mr. Altieri stated that Section 8 Tenants who pay for their own utilities could be targeted to benefit from this program. Frank Owens has drafted 80% of the RFP, a significant effort on his part, and he will help evaluate the proposals. The Town is looking to do interviews in November on the four solar companies. Mr. Altieri will have more details for the Town Board in October. Traffic Committee Recommendations The Town Board reviewed a memo from Connie Green O’Donnell outlining the Traffic Committee recommendations. The three areas for consideration are Murray Avenue near Forest Avenue, Winthrop Avenue and Palmer Avenue near Carleon Avenue. Mr. Maker has prepared three draft legislations for the Town Board to consider setting for public hearings. The Town Board reviewed the draft legislations and will proceed this evening to set these hearings. The Town Board has instructed the Traffic committee to defer traffic restrictions related to commuter parking until after the comprehensive plan unless there is a safety issue, and the Traffic Committee asked for clarification as to how to handle that, specifically a more standardized response. Supervisor Seligson asked Councilwoman Katz to let the Traffic Committee know that this will be a specific focus of the Comprehensive Plan. Discussion – Sewer Rent Law According to the provisions outlined in the Sewer Rent Law, Winged Foot Golf Club has submitted an appeal of sewer rent charges for a portion of the water used by the Club. In the Club’s appeal, they make the case that a significant amount of their water used for irrigation and treating pools, does not enter the sanitary sewer system, but rather discharged into a septic system. Additionally, Mr. Altieri is suggesting that instead of a system user submitting an annual application, proving water consumption does not enter the sanitary sewer system, they do so every three years. Mr. Altieri will discuss how this could be 1 September 26, 2018 maintained and ‘flagged’ within the Municity software. This change from annual to every three years would require an amendment to the legislation. Discussion – State and Local Tax Deductions Supervisor Seligson presented to the Board a proposal by State Assemblywoman Amy Paulin to respond to the Internal Revenue Service’s response to New York State’s legislation allowing for a real property tax credit, enacted in response to the Federal Tax Cuts and Jobs Act of 2017. The Town Board reviewed an extensive and detailed memorandum from Assemblywomen Paulin, as well as a PowerPoint prepared by Baker McKenzie titled IRS Proposed Regulations on Contributions in Exchange for State and Local Tax (SALT) Credits; Setting the Battlefield for a Successful Regulatory Challenge. Assemblywoman Paulin is asking for funding to pursue litigation; specifically $1,000 is being suggested. Mr. Maker stated that this is essentially a class action suit that he sees no negatives to with respect to Town participation, but added that the monetary contribution may be problematic as not being a proper public purpose. Adoption of the resolution in support of the challenge was added to the regular agenda for this evening. NEW BUSINESS Review of Management Construction Services This item is on the regular agenda for this evening. The Town Board asked Mr. Altieri if he was pleased with the work the firm provided the Town with respect to the Police Station renovation and the Fire House. Mr. Altieri responded, yes, very happy with them. Supervisor Seligson noted that she was asked by a resident if the Town could provide a robo call announcing the upcoming primary and general election. The Town Board thinks this is a conflict of interest, adding that this kind of notification should not come from the Town. Supervisor Seligson will let the resident know of the Town Board’s response. The Town Board discussed resident dissatisfaction with the level of cell service around the Town, and what the Town might be able to do about it. Councilwoman Fiddelman noted that she read in a resent NYLink magazine about Town wide broadband. The Town Board asked Mr. Altieri to look into broadband as well as adding an additional cell tower. Supervisor Seligson noted that the Sustainability Collaborative is moving forward with the reusable bag initiative. The organization of Mothering Mother has donated bags for Town distribution. Supervisor Seligson reminded the Board that they held a design contest for a reusable bags logo. The Town may want to investigate the cost of adding the winning design to these donated bags. Funds could be used from the Sustainability Collaborative budget. Councilwoman Elkind Eney asked if the County is moving forward at all with this initiative, and Supervisor Seligson stated no. Supervisor Seligson gave the Board an update on her recent attendance at the Army Corp of Engineers’ presentation of their proposals to strengthen New York Harbor should there be another ‘storm of the century’. One proposal to build a 5-mile barrier across New York Harbor seems to be on the fast track for support. Supervisor Seligson stated that many municipalities find this proposal unacceptable and lacking in a comprehensive evaluation of its potential negative effects throughout the region. Supervisor Seligson th stated that the Army Corp has extended the comment period to November 14 and she would like the Town to provide a response. Supervisor Seligson will prepare a draft for the Board to review at the next worksession. Supervisor Seligson asked Councilwoman Katz if there was any additional feedback from the Traffic Committee with respect to Garit Lane. Councilwoman Katz responded that there appears to be a lone vocal resident, the same resident who originally brought this issue to the Traffic Committee. There were no residents at the recent Traffic Committee meeting. Councilwoman Katz informed the Traffic Committee of the Town Board’s decision to leave things as there are. Supervisor Seligson noted that there will be a follow up meeting on October 16 regarding Con Edison’s performance last year, adding that she will forward the meeting invite to the Town Board. 2 September 26, 2018 Councilwoman Elkind Eney noted that the Town has received architectural renderings from the firm that the Town hired for the proposed new locker rooms with showers at the Hommocks Park Ice Rink. Councilwoman Elkind Eney noted that a proper presentation will take place at a subsequent worksession. Councilwoman Katz asked if there has been a cost analysis of the food waste program. Supervisor Seligson responded that there has been no additional costs. Mr. Altieri responded that although the volume has increased the Town has not received any added dumping charges. There are discussions with the Village of Larchmont with respect to the Sanitation Commission as to how this program should proceed. Mr. Altieri stated that the Town Board will receive the Tentative Budget on October 17. Mr. Altieri asked the Town Board to reflect on what is important to them as we begin the budget process. On motion of Supervisor Seligson, seconded by Councilwoman Fiddelman, the Board unanimously agreed to enter into an Executive Session to discuss the purchase of land and the employment history of a particular employee. EXECUTIVE SESSION Purchase of land Employment History of a Particular Employee On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Board unanimously agreed to resume the Regular Meeting. CALL TO ORDER - REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Seligson at 8:00 PM, she then pointed out the location of the exits. Supervisor Seligson noted that the Town Board met for a worksession beginning at 5:00 o’clock this evening, adding this is an open meeting that all residents are welcome to attend. SUPERVISOR’S SUMMARY REPORT The County held a vote on the proposed Shared Services Plan developed over the past few months and required by the State. All municipalities voted in favor of supporting the plan. When implemented, the actions should save up to $27 million in the County. The TMFD had their annual BBQ, this year held under the tent and it was a wonderful event for Firefighters and their families. th The Town hosted the WMOA monthly dinner on September 13 at Winged Foot Golf Club. Representatives of Sustainable Westchester talked about the renewal process for Westchester Power’s community choice aggregation. WMOA holds dinner events with speakers each month in different municipalities around the County. Each municipality hosts once every 7 or 8 years. It was a nice opportunity to welcome fellow local officials to our Town. The Town held a Coastal Cleanup at th Hommocks Conservation Area on Saturday September 15. We had over 50 people participate from students to parents and Lions Club members. Thank you to everyone who participated and to Sue Odierna, Sustainability Coordinator and to Liz Paul, Environmental Coordinator, for organizing the event. Thank you to Trader Joes for providing snacks and water. We picked up 10 bags of recycling material and 100 pounds of trash. 3 I had the opportunity to talk about the Town at the last Summit breakfast meeting on Tuesday th September 18. One of my favorite things is talking about the Town so I had fun. We celebrated the nd One Year Anniversary of the Food Waste Recycling Program, last Saturday September 22. Thank 3 3 September 26, 2018 you to superstar volunteer Karen Khor and others for organizing the event and to the Down to Earth Larchmont Farmers Market for hosting it. Congratulations and farewell to Lou Martirano, the head of the Highway Department who retired. We wish him good luck and thanks for his 10 years of service to the Town. The Town staff is in full budget preparation mode and the Town Board will start its review very soon. All Budget Review meetings are open to the public and we welcome your comments. CITIZEN’S COMMENTS Supervisor Seligson asked if anyone in the audience would like to address the Board, and there was not. PUBLIC HEARING – “Restriction on Parking on a Portion of the East Side of Murray Avenue from its Intersection with Forest Avenue” Law The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, and pursuant to a resolution of the Mamaroneck Town Board adopted on September 5, 2018 the Public Hearing to consider: “Restriction on Parking on a Portion of the East Side of Murray Avenue from its Intersection with Forest Avenue” Law, will be adjourned until Wednesday, September 26, 2018 at 8:00 PM or as soon thereafter as is possible at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York Purpose The parking of automobiles on the east side of Murray Avenue within one hundred fifty (150) feet of its intersection with Forest Avenue raises safety concerns. Preventing parking along this length of the east side of Murray Avenue will improve safety for automobiles and pedestrians. The full text of this document can be viewed on the website or copies can be obtained at the Town Clerk's office during regular hours, Mon-Fri, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, NY PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: August 29, 2018 On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the Public Hearing was unanimously reopened. Supervisor Seligson stated that after the previous public hearing regarding this legislation modifications were made to the law to reflect consistency with the opposite side of Murray Avenue. Therefore, the Town Board would like to close this hearing and set a new public hearing on a newly drafted legislation. On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, the Public Hearing was unanimously closed. 4 September 26, 2018 BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner Elkind Eney, seconded by Commissioner Fiddelman, the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Nancy Seligson Commissioner: Abby Katz Commissioner: Jaine Elkind Eney Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King 1. FIRE CLAIMS On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was RESOLVED that this Commission hereby authorizes payment of the following Fire Department Claims as approved by the Fire Chief and audited by the Comptroller’s Office: VENDOR DESCRIPTION Streamlight Vulcan for rented ladder 19, Soap for gear wash AAA Emergency Supply Co. machine, Scott Pak hydro & refill 947.00 AAA Emergency Supply Co. 549.06 Scott Pak repair, Scott Voice module repair, Blowhard Fan repair to cord AAA Emergency Supply Co. 617.00 Calibration Gas, Electric Reel Junction Box for loaner ladder Amazon.Com 375.33 Angel Soft toilet paper, trash bags, HDMI Extender for Iron Compass, bulbs for high hats, Career staff bedding, Ajax cleaner,Zep floor cleaner, staff bedding - Hecker Amazon.Com 1,199.58 Part for John Deere Lawn Tractor, HP Laserjet Pro M402dw Alarm Room Printer, AmazonBasics Shredder for Dept Secretary, Nec 50" Monitor for Iron Compass display in bays Atlantic Westchester, Inc. 1,254.93 Repairs to AC condensers Aubry, Nicholas EMT course fee 1,104.00 Aubry, Nicholas Books for EMT Class 362.25 Cablevision Cable Services for 8/23-9/22/18 210.55 CIT Finance LLC Xerox copier contract 8/22/18 296.68 Con Edison Fire HQ Gas SVC 7/30-8/28/18 86.86 Fire-End & Croker Corp Calibration kit for Sensit meters 401.60 Goosetown Communications Alarm Radio parts for repair and L19 Radio install parts 292.60 Goosetown Communications Power cables for Alarm Room Radio repair 90.00 Grainger Trash bags 106.32 Home Depot Plywood for repairs 52.97 Iron Compass OnScene Explorer Software Subscription 9/18-8/19 1,950.00 KVI Uniforms & Equipment, Inc Career Staff uniforms 1,174.42 Minerva Cleaners Turnout gear repairs 485.40 New England Uniforms Hat and Breast badges for Career Staff 906.00 Replace GFCI Outlets, emergency repair of 100amp Circuit Nick Bruno Electrical, LLC Breaker 455.00 Proftech LLC Copy paper - Letter and Tabloid 137.09 Rickerts Lock & Safe 10 Day Room keys 25.00 R.G. Brewer Inc. Fuses for sump pumps 9.87 R.G. Brewer Inc. Blind and Detectors, fuses for battery charges 96.80 Ready Refresh Water Cooler rental for 7/19-8/18/18 122.96 Sound Shore Pest Control Exterminating Services on 7/23/18 65.00 Sound Shore Pest Control Exterminating Services on 8/28/18 65.00 Equipt. Lease - ladder for Fire Dept. (Sep 2018), 2 months Seagrave Fire Apparatus, LLC Security Deposit on Lease 22,500.00 The Flower Bar Flowers & wreath for 911 Ceremony 162.00 Tony's Nursery Inc. Propane, hay bales for live fire drill 151.98 5 September 26, 2018 Tony's Nursery Inc. Hay bails for live fire drill 59.96 Town of Mam'k Fire Dept. UCVIEW Sign edge 50 - Sign Board replacement 972.00 Town of Mam'k Fire Dept. Navy T-Shirts for volunteers 345.00 UniFirst Corp. Cleaning supplies 7/27, 8/3, 8/10, 8/17, 8/24/18 465.57 UniFirst Corp. Cleaning supplies 8/31, 9/7, 9/14/18 210.43 Verizon Fire HQ SVC 8/10/18 - 9/9/18 252.26 Villa Maria Pizza Food for Department Drill 8/14/18, Fast Drill 8/27/18 191.27 Villa Maria Pizza Food for Explorer Drill/ New Members 8/1/18 101.47 Food for Explorer Drill/ New Members 9/5/18, Food for Villa Maria Pizza Special Rescue Drill 9/12/18 141.64 Fire Hose Testing, Pump Tests (Eng 51, 37, 36), Ground Waterway Long Island Ladder Test 5,305.30 Westech Elevator Services, Inc. Maintenance for month of August 2018 175.00 Westech Elevator Services, Inc. Maintenance for month of September 2018 175.00 WJWW 205 Weaver St. charges 7/25-8/24/18 141.62 0.00 Total: 44,789.77 The above resolution was put to a roll call vote: Commissioner King Aye Commissioner Fiddelman Aye Commissioner Elkind Eney Aye Commissioner Katz Aye Commissioner Seligson Aye There being no further business to come before the Commission, on motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN 1. Report of Bids – TA-18-03A Hommocks Ice Rink & Highway HVAC Equipment On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the following was approved; WHEREAS, on Wednesday, July 25, 2018 the Town publically opened and read one (1) bid for Contract TA-18-03A Hommocks Ice Rink & Highway HVAC Equipment, and WHEREAS, the bid received is significantly higher than the estimated budget for this project. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby reject the lone bid for Contract TA-18- 03A Hommocks Ice Rink & Highway HVAC Equipment. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 2. Report of Bids – TA-18-06 Path Reconstruction – Gardens Lake On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, the following was approved; WHEREAS, on September 19, 2018 the Town publically opened and read two (2) bids for Contract 6 September 26, 2018 TA-18-06 Path Reconstruction – Gardens Lake NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-18-06 Path Reconstruction – Gardens Lake to the lowest responsible bidder, meeting all of the Town’s requirements, Peter Landi, Inc., to provide improvements at the Gardens Lake, for a total amount of $87,875.00, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said contract on behalf of the Town. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 3. Report of Bids – TA-18-07 Hommocks Ice Rink Snack Bar Improvements On motion of Councilwoman Katz, seconded by Councilman King, the following was approved; WHEREAS, on September 19, 2018 the Town publically opened and read one (1) bid for Contract TA-18-07 Hommocks Ice Rink Snack Bar Improvements, and WHEREAS, there was a second bid whose form of proposal failed to comply with the any requirements of a competitive bid in New York State, and WHEREAS, the bid opened is significantly higher than the estimated budget for this project. NOW, THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby reject the lone bid for Contract TA-18- 07 Hommocks Ice Rink Snack Bar Improvements. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 4. Set Public Hearing – Parking Restrictions – East Side of Murray Avenue at Forrest Avenue On motion Councilwoman Katz, seconded by, Councilwoman Elkind Eney, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Restrictions on a Portion of the East Side of Murray Avenue from its Intersection with Forrest Avenue” Law, for Wednesday, October 17, 2018 at 8:00PM at the Town Center, 740 West Boston Post Road, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said Notice, be posted. 7 September 26, 2018 5. Set Public Hearing – Parking Restrictions – Winthrop Avenue On motion Councilwoman Katz, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Restriction on Parking on a Section of Winthrop Avenue” Law, for Wednesday, October 17, 2018 at 8:00PM at the Town Center, 740 West Boston Post Road, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said Notice, be posted. 6. Set Public Hearing – Parking Restrictions – Palmer Avenue near Carleon On motion Councilwoman Katz, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby set the date for a Public Hearing on the “Prohibition on Parking on a Section of the East Side of Palmer Avenue” Law, for Wednesday, October 17, 2018 at 8:00PM at the Town Center, 740 West Boston Post Road, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said Notice, be posted. 7. Authorization – Construction Management Services – Town Center Project On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Mamaroneck Town Board does hereby accept the proposal from Smith and Pucillo Architects for design and other related work for the renovation of the Town Center restrooms, and BE IT, FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 8. Authorization – Transfer of Funds – Road Resurfacing On motion of Councilwoman Elkind Eney, seconded by Councilman King, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the Budget Transfer for Road Maintenance, in the amount of $10,000, as detailed by the Town Comptroller in the following schedule: 8 September 26, 2018 FY 2018 BUDGET TRANSFER - HIGHWAY FUND 9/26/2018 TOWN BOARD MEETING HIGHWAY (FUND DB): BUDGET TRANSFER: FROM DB.5110.4232 PATCHING $ (10,000.00) TO DB.5110.4233 SIDEWALKS $ 7,000.00 TO DB.5110.4234 CURBS $ 3,000.00 * REPRESENTS FUNDS TO BE REALLOCATED FOR ADDITIONAL SIDEWALK & CURB REPAIRS IN 2018. The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 9. Consideration of Certiorari On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Hilmar Realty, LLC 1421-1425 Mamaroneck Avenue Section/Block/Lot: 8-13-187 Town of Mamaroneck/Village of Mamaroneck Year Assessment Reduction Resulting Assessment 2012 $ 63,000 $ -0- $ 63,000 2013 $5,640,000 $1,140,000 $4,500,000 2014 $5,640,000 $ 940,000 $4,700,000 2015 $5,640,000 $ -0- $5,640,000 2016 $5,640,000 $ 490,000 $5,150,000 2017 $7,200,000 $1,800,000 $5,400,000 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 9 September 26, 2018 On motion of Councilman King, seconded by Councilwoman Elkind Eney, it was RESOLVED, that the Town Board hereby authorizes the settlement of the following tax certiorari on the following terms: Marpa Realty Corp. 437-441 Mamaroneck Avenue Section/Block/Lot: 9-1-126 Town of Mamaroneck/Village of Mamaroneck Year Current Assessment Reduction Resulting Assessment 2011 $ 15,500 $ 1,148 $ 14,352 2012 $ 15,500 $ 1,928 $ 13,572 2013 $1,170,000 $330,000 $840,000 2014 $1,170,000 $300,000 $870,000 2015 $1,170,000 $290,000 $880,000 2016 $1,170,000 $260,000 $910,000 2017 $1,275,000 $325,000 $950,000 The above resolution was put to a roll call vote: King Aye Fiddelman Aye Elkind Eney Aye Katz Aye Seligson Aye 10. Authorization – Resolution SALT On motion of Councilwoman Fiddelman, seconded by Councilwoman Elkind Eney, the following was unanimously approved WHEREAS, in response to the Federal Tax Cuts and Jobs Act (TCJA), the State of New York has enacted legislation as part of its FY2019 Budget that authorizes counties, local governments, and school districts to establish a charitable gifts reserve fund that may be used to defray some of the costs related to public education, healthcare, or other public service provided by that entity; and WHEREAS, the State of New York has also enacted legislation which allows counties, local governments, and public school districts the option to authorize by means of resolution a real property tax credit of up to 95% of the amount of a property owner’s monetary contribution(s) to an established charitable reserve fund during the “associated credit year”; and WHEREAS, individual taxpayers may be incentivized to contribute generously to these charitable funds out of the expectation that the pairing of an increased charitable deduction at the federal level combined with a real property tax credit at the local level may mitigate the effects of the new $10,000 cap on state and local tax deductions imposed by TCJA; and WHEREAS, the Internal Revenue Service (IRS) issued on August 23, 2018 proposed regulations providing rules on the availability of federal charitable contribution deductions when the taxpayer receives or expects to receive a corresponding state or local tax credit; and WHEREAS, the proposed regulations rules that a taxpayer who makes a contribution to a charitable reserve fund and subsequently receives a state or local tax credit that exceeds 15 percent of the contribution must reduce his or her charitable deduction by the amount of any tax credit he or she received at the state or local level; and WHEREAS, state, county, and local entities have expressed confusion, doubt, and skepticism on the draft regulations and have raised questions as to whether they constitute an arbitrary and capricious interpretation of federal tax law, particularly in the context of the treatment of existing state tax credit programs that pre-date the TCJA and the stated preservation of the deductibility of contributions made by businesses; and 10 September 26, 2018 WHEREAS, the IRS has invited the public to submit comments on the proposed regulations no later than October 11, 2018; NOW, THEREFORE BE IT RESOLVED, that the Town of Mamaroneck believes the proposed regulations issued by the IRS on August 23, 2018, dramatically impair the incentives for individual taxpayers to make contributions to these charitable reserve funds as established by law in the State of New York and, in doing so, impair the mission of these funds, namely providing high- quality public services to all residents of the Town of Mamaroneck; and BE IT FURTHER RESOLVED, that the Town of Mamaroneck believes the proposed regulations issued by the IRS on August 23, 2018, provide insufficient clarity on many topics as well as arbitrary and unfair distinctions between deductions for individuals compared to deductions for businesses, and contributions to support public education compared to contributions to support private education; and BE IT FURTHER RESOLVED, that the Town of Mamaroneck finds it necessary and appropriate to propose changes to the proposed regulations issued by the IRS to provide additional clarity for the taxpayers of the Town of Mamaroneck and to explain and remove any arbitrary distinctions that would effectively and unfairly disadvantage the taxpayers of the Town of Mamaroneck; BE IT FURTHER RESOLVED, that the Town of Mamaroneck shall submit public comments on or before October 11, 2018 that shall reflect the concerns outlined above; and BE IT FURTHER RESOLVED, that the Town of Mamaroneck shall seek to collaborate with other like-minded state, county, municipality, or school district agencies or organizations to express these concerns publicly and to advocate for fair regulations and equitable and principled interpretation of federal tax law that recognizes and rewards the value of contributions in support of public services, no matter whether the contributor is an individual or a business, or whether the charitable entity is public or private. APPROVAL OF MINUTES – August 22, 2018 On motion of Councilwoman Elkind Eney, seconded by Councilwoman Fiddelman, it was unanimously RESOLVED, that the Mamaroneck Town Board does hereby approve the Board Minutes from the meeting of August 22, 2018. REPORT OF COUNCIL The Town Board Members reported on their various activities and meetings since the last Town Board Meeting. Mr. Altieri announced upcoming paving on Myrtle Boulevard from Weaver Street to Gardens Lake, and asked residents to avoid this area if possible. ADJOURNMENT On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney the meeting was unanimously adjourned. ________________________________ Submitted by Christina Battalia, Town Clerk 11