MAMAKATING – A proposed amendment to the town code in the Town of Mamakating that would allow emergency services to move forward with critical communications equipment left some residents scratching their heads during the amendment’s public hearing session Tuesday night.

Creating a narrow exception to an existing law, the amendment to town code section 172-11 would lift the prohibition on issuing building permits for properties with unpaid taxes. The change came about following a request from Hatzolah Ambulance, which is looking to modify an antenna on an Eagle’s Nest Road property to be used as part of its emergency radio system.

Town Supervisor Peter Goodman provided details on the amendment, which is designed to address a specific situation in which emergency services are leasing property and are affected by a property owner’s unpaid taxes.

“The board got together [with Town Attorney Benjamin Gailey] … and the easiest and cleanest way to do it was to carve out a very small exception in our local law,” Goodman explained.

During the public hearing session, several residents voiced concerns about the amendment’s potential implications, particularly regarding enforcement of existing laws and overall fairness.

D & H Canal Bicentennial Committee Co-Chair and Mamakating resident Janet Lybolt questioned the scope of the proposed amendment, noting that the language could be broadly interpreted and lead to future issues.

“My concern here is what happens when this parcel next year goes into tax foreclosure by the county or is sold; how does this affect this tower?” Lybolt asked. “How do we go about getting this entity to pay the funds that they owe the town?”

She also suggested that, given the issue involves money owed to the town, decisions on such exceptions should be handled by the town board rather than the building inspector.

The board later agreed with that sentiment and moved to remove the building inspector from the amendment, placing decision-making authority solely with the town board.

Mamakating resident Ronald Weathers emphasized the importance of consistency in enforcing town laws.

“The law is the law. You’ve got laws on the book? Use them!” Weathers said. “Be fair, firm, and consistent.”

Lybolt also raised questions about whether alternative infrastructure could be used, such as pre-existing neighboring towers, rather than modifying the Eagle’s Nest site.

Resident Chris Leser expressed concern that the town board was moving too quickly on the amendment and urged officials to take more time to consider public input before making a final decision.

Following public comment, Goodman clarified the scope of the project, explaining that the antenna is not a large telecommunications tower, but rather a smaller installation connected to a repeater system used for emergency communications.

He added that the antenna plays a role in maintaining reliable radio coverage in the area, and that service gaps could impact response capabilities.

“[With] emergency services, anything that could happen could be a life-or-death situation,” Goodman said.

Councilman Matt Mordas noted that the amendment is intended to address a “unique situation,” emphasizing that the exception being considered is narrow in scope.

Councilman Michael Robbins added that the issue of unpaid taxes on the Eagle’s Nest property remains separate and ongoing.

“We are separating it,” Robbins said, distinguishing between enforcing tax-related violations and addressing public safety concerns. He added that “the problem is not this tower and not Hatzolah. The problem is Eagle’s Nest … [who’s running Eagle’s Nest] should be paying their taxes.”

Mordas noted that withholding permits due to unpaid taxes is typically used as a form of leverage, but acknowledged that such an approach may not be appropriate in cases involving emergency services.

The town board ultimately voted to approve the amendment with revisions, including the removal of the building inspector from the decision-making process, following a motion by Councilman Tyler Wood and a second by Councilman Jim Post.