HomeMy WebLinkAbout2016_12_19 Town Board Minutes
December 19, 2017
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN
BOARD OF THE TOWN OF MAMARONECK HELD ON DECEMBER 19, 2016,
BEGINNING AT 5:00PM AT THE VETERNAS OF FOREIGN WARS POST 1156, 1288
BOSTON POST ROAD, LARCHMONT, NEW YORK
PRESENT: Supervisor Nancy Seligson
Councilman Ernest C. Odierna
Councilwoman Abby Katz
Councilwoman Jaine Elkind Eney
Councilman Thomas A. Murphy
ALSO PRESENT: Christina Battalia, Town Clerk
Stephen V. Altieri, Town Administrator
Connie Green O’Donnell, Assistant Town Administrator
William Maker, Jr., Town Attorney
CALL TO ORDER - WORK SESSION
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Work Session was
unanimously opened at 5:00PM.
1.Review – Title VI Plan and Limited Proficiency Plan – Civil Rights Act of 1964
Additionally Present: Ann Danoy, Director of Community Services and Housing
The Board reviewed documents prepared by Ms. Danoy “to address the requirements of multiple
federal funding sources to ensure that the Town of Mamaroneck’s programs and services are in
compliance with the Title VI Civil Rights Act of 1964, as amended. The impetus to complete these
documents relates to a requirement of the Federal Transit Administration and the NYS Department of
Transportation which has awarded the Town of Mamaroneck a grant to purchase a new bus for
senior citizen transportation.” Ms. Danoy noted that the documents have been prepared generically
so they can be used by all Departments.
The Town Board discussed the documents, and it is noted that approval of these documents is on the
regular agenda for this evening.
2.Discussion – Tree Law and Site Plan Law
Councilwoman Elkind Eney addressed the Town Board with comments from the Planning Board upon
their review of the draft Tree Law Amendment. Specifically, the Planning Board suggests that appeals
be directed to the Zoning Board and not the Planning Board, that adherence to the Open Meetings
Law be addressed, that Section A. (3) the period of 10 days from receipt should be changed to 14 days
from mailing, and the process for resident objecting be clearer. The Town Board noted that if the law
will be redrafted to reflect the change to the Zoning Board for hearing of appeals, than the new draft
should be sent to the Zoning Board for review. Supervisor Seligson added that it seems to make sense
that the Zoning Board, as the already existing appellate Board, should hear the tree appeals.
The Town Board also noted that there seems to be a potential conflict in criteria in the Tree Law and
the Site Plan Law. Additionally, there needs to be review of the law in regards to tree removal in
Town right-of-ways.
With respect to the Residential Site Plan Law, John Landi, Town Building Inspector and Anthony
Oliveri, the Town Consulting Engineer, interpreted the Residential Site Plan Law to provide that after
an initial site plan review, any changes, even years later, will need to go back for site plan review.
This may not have been the intention of the Town Board.
The Planning Board also suggested that a public hearing be opened early in the approval process for
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December 19, 2017
site plan review, as this allows for public comment earlier in the process, allowing for application
changes earlier in the projects process, potentially saving applicants from time and from expending
unnecessary funds.
3.Discussion – Fire Arms Law
The Board reviewed a proposed local law that would outlaw possession of certain weapons on Town-
owned or leased property. The draft will be forwarded to the Police Department for review. It is
anticipated that at the first meeting in January the Town Board would set a public hearing.
4.Review – Traffic Committee Recommendations
The Board reviewed a memo from Mr. Altieri dated December 16, 2016, outlining the
recommendations from the Traffic Committee for parking restrictions on Thompson Place and Laurel
Avenue, and the addition of an accessible parking space on Copley Road. Mr. Maker was asked to
draft appropriate legislation, and Mr. Altieri was asked to review whether the Alden Apartment
Building was in compliance with respect to accessible parking.
5.New Business
Supervisor Seligson reported on additional conversations with County Legislator, Catherine Parker,
regarding anti-Semitic inserts in local newspaper deliveries. Ms. Parker is frustrated by the lack of
communication from the County, and she is concerned that the County is not doing the job it is
supposed to be doing. The Town Board reiterated the reasoning behind abolishing the Town’s Human
Rights Commission, and allowing it to be reformed as a Committee. The Town is being asked to
consider reinstating a Town Commission.
Supervisor Seligson also noted that she, Mr. Altieri and Mr. Maker, met with a developer and viewed
renderings of a proposal for Gjokos Salon on Myrtle Boulevard. It was suggested that they come in to
discuss this proposal with the Board in January.
Supervisor Seligson noted that NYS DEC, through its Clean Energy Communities program, is offering
$100,000 to communities that have completed four out of ten specific environmental actions. The
Town has already accomplished 7 of the actions, but at least two of the actions have to have been
completed after August 15, 2016 in order to be eligible for the $100,000. Supervisor Seligson is
working to see if the last post-August 15, 2016 item can be accomplished through the Town building
department.
On motion of Councilman Murphy, seconded by Councilwoman Katz, the Board unanimously agreed
to enter into an Executive Session to discuss sale of real estate.
EXECUTIVE SESSION
Sale of Real Estate
On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, 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
8:15 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 welcomed to attend.
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December 19, 2017
SUPERVISOR’S SUMMARY REPORT
Tonight we will continue the public hearing for the 2017 budget and hold a public hearing for
the sewer rent rate. The 2017 budget calls for a tax levy increase of 4.8% due to State
mandated cost increases for workers compensation and health care, as well as increased debt
costs for investment in infrastructure. The budget will allow the Town to continue to provide
a high level of services to the residents. Leaf collection will end this week, Friday December
rd
23. The Town will be sending out a revised and new sanitation brochure in early January.
Most importantly, Merry Christmas, Happy Hanukah and Happy New Year!
CITIZEN’S COMMENTS
Supervisor Seligson asked if anyone in the audience would like to address the Board, and there
was not.
PUBLIC HEARING (S) – Sewer Rent Rate Hearing
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 December
7, 2016 a Public Hearing will be held on Wednesday, December 19, 2016 at 8:00 PM or as
soon thereafter as is possible at the Town Center, 740 W. Boston Post Road, Mamaroneck, New
York to consider the 2017 Sewer Rent Rate.
Section 1 – Purpose.
Article 14-F of the General Municipal Law authorizes the imposition of sewer rents as a means of
raising funds (a) to operate, maintain and repair a municipal sanitary sewer system, and (b) where
not prohibited by General Municipal Law § 453 (3), to expand such system. This law creates a sewer
rent to be imposed upon the properties that discharge sewage into the Town of Mamaroneck’s
sanitary sewer system. The rents will be used to operate, maintain and repair that sewer system and
if deemed appropriate by the Town Board and not prohibited by General Municipal Law § 453 (3), to
expand such system. The Town Board finds that a sewer rent more equitably distributes the cost of
the sanitary sewer system because it is a function of usage computed based upon water consumption
and is charged to all the users of that system, including tax exempt properties.
The full text of this law 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
CHRISTINA BATTALIA
TOWN CLERK
Published: December 13, 2016
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was
unanimously opened.
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December 19, 2017
Supervisor Seligson asked if anyone wished to comment on the proposed sewer rent rate, and
there was not.
On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the Public Hearing was
unanimously closed.
On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve and set the Sewer Rent
Rate
for 2017 at $.00065/gallon.
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
PUBLIC HEARING (S) – Continuation – 2017 Preliminary Budget
The following Notice of Public Hearing is entered into the record as follows:
NOTICE OF PUBLIC HEARING
ADJOURNED
PUBLIC HEARING
PRELIMINARY 2017 TOWN BUDGET and
PRELIMINARY TOWN OF MAMARONECK FIRE DISTRICT #1 BUDGET
TOWN OF MAMARONECK, NEW YORK
NOTICE IS HEREBY GIVEN, that the Public Hearing held by the Town Board also serving as
the Board of Fire Commissioners of the Town of Mamaroneck, New York on Wednesday,
December 7, 2016 at 8:00 PM, was ADJOURNED until December 19, 2016 at 8:00 PM, in
the Court Room of the Town Center, 740 West Boston Post Road, Mamaroneck, New York
to consider the Town’s Preliminary Budget and the Mamaroneck Fire District Preliminary
Budget for the calendar year commencing January 1, 2017 and ending December 31, 2017.
All citizens are invited to attend and provide written and oral comments and ask questions
concerning the Preliminary Budgets. The Preliminary Budgets can be inspected by the
public from 8:30 AM to 4:30 PM, beginning Thursday, December 1, 2016 in the Town Clerk’s
Office, Town Center, 740 West Boston Post Road, Mamaroneck, New York. The 2017
Preliminary Budget may also be viewed on the Town’s website
www.townofmamaroneck.org
PLEASE TAKE FURTHER NOTICE, that the proposed salaries of the members of the Town
Board are as follows: Supervisor, $38,637; Town Council (4) $6,182 each and the proposed
salary for the Town Clerk is $94,517 and the Town Justices (2) $21,636
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Stephen V. Altieri
Budget Officer
To be published: November 30, 2016
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December 19, 2017
On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, the Public Hearing was
unanimously re-opened.
Supervisor Seligson stated that the Town Board spent a considerable amount of time at the
December 7, 2016 Town Board Meeting discussing and presenting the 2017 Budget. It does call for a
tax levy increase of 4.8%. This is based on increases in debt expenses for infrastructure investments
and for State mandated increase in Workers’ Compensation and medical expenses. At the last
meeting the Town chose to keep the Public Hearing open to allow for additional public comment, and
for the Town to adopt the Sewer Rent Rate.
Supervisor Seligson asked if the Board Members wished to make any comments. The Board
members thanked Town staff, specifically Mr. Altieri and Mr. Siligato for preparing a responsible
Budget that meets the Town’s needs. Supervisor Seligson stated that this Budget allows us to keep
the high level of services that the Town provides, and allows the Town to pay for the debt on the
infrastructure investments, adding that borrowing was done at a very favorable rate of 1.96%.
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, the Public Hearing was
unanimously closed.
The following Transmittal Letter is entered into the record as follows:
ATTACHMENT A
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it is
RESOLVED, that the Mamaroneck Town Board does hereby adopt the 2017 Preliminary
Budget as submitted by the Town Budget Officer, as the 2017 Town Budget.
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
BOARD OF FIRE COMMISSIONERS
The Meeting was called to order by Commissioner Seligson, and then on motion of Commissioner
Elkind Eney, seconded by Commissioner Odierna, the Board of Fire Commissioners was unanimously
declared open.
Present were the following Members of the Commission:
Commissioner: Nancy Seligson
Commissioner: Ernest C. Odierna
Commissioner: Abby Katz
Commissioner: Jaine Elkind Eney
Commissioner: Thomas A. Murphy
1. FIRE CLAIMS
On motion of Commissioner Elkind Eney, seconded by Councilman Odierna, 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:
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December 19, 2017
The above resolution was put to a roll call vote:
Commissioner Murphy Aye
Commissioner Elkind Eney Aye
Commissioner Katz Aye
Commissioner Odierna Aye
Commissioner Seligson Aye
2. Authorization – Financial Advisor Agreement – Capital Market Advisors
On motion of Commissioner Elkind Eney, seconded by Commissioner Odierna, it was
RESOLVED, that the Board of Fire Commissioners, does hereby approve the Agreement
between the Fire District and Capital Market Advisors to provide financial services to the Fire
District, and
BE IT, FURTHER
RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on
behalf of the Commission.
The above resolution was put to a roll call vote:
Commissioner Murphy Aye
Commissioner Elkind Eney Aye
Commissioner Katz Aye
Commissioner Odierna Aye
Commissioner Seligson Aye
3. Commissioner Elkind Eney, congratulated the newly elected Officers, Chief Paul Tortorella,
and Deputy Chiefs’, Joe Russo and Shawn Hughes.
There being no further business to come before the Commission, on motion of Commissioner
Odierna, seconded by Commissioner Murphy, the Commission unanimously adjourned and the Town
Board reconvened.
AFFAIRS OF THE TOWN
1.Authorization – Contract of Sale – Sheldrake Station Development
On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the following was
approved,
WHEREAS, on July 18, 2016 the Mamaroneck Town Board approved the sale of a
small parcel of land located in the Village of Mamaroneck, designated as Block and
Lot 829-1000, for the amount of $125,000.00, to the developer for the Sheldrake Loft
Project.
NOW THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby approve the Purchase and
Sale Agreement between the Town of Mamaroneck and Sheldrake Station
Development, LLC, to sell for the price of $125,000.00, the parcel of land designated
as Block and Lot 829-1000, with the following amendments to the Agreement:
In paragraph 2 change “on December 7, 2016” to “on December 20, 2016”,
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December 19, 2017
In paragraph 4 (d) change the word “any” that appears in the line beginning “satisfy
or discharge” to “all”,
In paragraph 6 (a) (6) omit the words “Seller or”
Omit paragraph 16 (b) in its entirety and change the letters of the succeeding
subparagraphs accordingly, and
BE IT FURTHER
RESOLVED, that the Town Administrator is authorized and directed to execute and
deliver the Purchase and Sale Agreement and the documents necessary to close title
to the Purchaser.
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
2.Authorization – Transfer of Funds – Recreation
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds in
the amount of $12,000.00, for the purchase of an outdoor movie system, as outlined by the
Town Comptroller in the following schedule:
FY 2016 BUDGET TRANSFER - GENERAL TOWNWIDE FUND
12/19/2016 TOWN BOARD MEETING
GENERAL TOWNWIDE (FUND A):
BUDGET TRANSFER:
FROM A.7310.4169 TEEN ESCAPE $ (12,000.00)
TO A.7310.2102 MISCELLANEOUS EQUIPMENT $ 12,000.00
* REPRESENTS FUNDS TO BE REALLOCATED FOR PURCHASE OF OUTDOOR
MOVIE SYSTEM (MEMO FROM RECREATION SUPT.)
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
3.Authorization – Transfer of Funds – Senior Center
On motion of Councilwoman Elkind Eney, seconded by Councilwoman Katz, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds in
the amount of $16, 200.00, for the replacement of flooring in the Senior Center, as outlined
by the Town Comptroller in the following schedule:
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December 19, 2017
FY 2016 BUDGET TRANSFER - GENERAL TOWNWIDE FUND
12/19/2016 TOWN BOARD MEETING
GENERAL TOWNWIDE (FUND A):
BUDGET TRANSFER:
FROM A.6772.4005 HEATING FUEL $ (5,700.00)
A.6772.4104 SENIOR CENTER RENT $ (10,500.00)
TO A.6772.4012 BUILDINGS/GROUNDS REPAIRS & MAINT. $ 16,200.00
* REPRESENTS FUNDS TO BE REALLOCATED FOR FLOORING INSTALLATION
AT SENIOR CENTER (SEE EMAIL FROM COMM. SVCS. DIRECTOR)
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
4.Authorization – Transfer of Funds – Highway Fund
On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds in
the amount of $1,000.00, for permanent repairs for the stairwell landing in the Town Parking
Lot No 1, as outlined by the Town Comptroller in the following schedule:
FY 2016 BUDGET TRANSFER - GENERAL TOWNWIDE FUND
12/19/2016 TOWN BOARD MEETING
GENERAL TOWNWIDE (FUND A):
BUDGET TRANSFER:
FROM A.5650.4047 SNOW REMOVAL $
(1,000.00)
TO A.5650.4144 GENERAL REPAIRS $
1,000.00
* REPRESENTS FUNDS TO BE REALLOCATED FOR PARKING LOT #1 STAIRWAY LANDING
PLATFORMS REPLACEMENT (MEMO FROM HIGHWAY SUPT.)
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
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December 19, 2017
5.Authorization – Transfer of Funds – Unclaimed Land Use Fees
On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Mamaroneck Town Board does hereby approve the transfer of funds
from unclaimed balances in the deposit accounts of the Wetlands, Erosion Control, Tree
Maintenance Bond and Rent Security, as outlined by the Town Comptroller in the following
schedule:
FUNDS TRANSFER - AGENCY FUND DEPOSIT AC'S TO GENERAL TOWNWIDE
& GENERAL PART TOWN FUNDS
12/19/2016 TOWN BOARD MEETING
AGENCY FUND (FUND TA):
LIAB. TA.0000.0030 WETLANDS DEPOSITS $ (8,110.35) (A)
LIAB. TA.0000.0032 EROSION CONTROL BOND $ (22,565.03) (B)
LIAB. TA.0000.0041 TREE MAINTENANCE BOND $ (9,975.46) (C)
LIAB. TA.0000.0085 RENT SECURITY $ (24,124.42) (D)
GENERAL TOWNWIDE (FUND A):
REV. A.0000.2770 MISCELLANEOUS $ 24,124.42 (D)
GENERAL PART TOWN (FUND B):
REV. B.0000.2770 MISCELLANEOUS $ 40,650.84 (A, B, C)
(A) Transfer interest income $3,610.35 (1998-2001) & $4,500 unclaimed balance prior to 1993.
(B) Transfer interest income $22,565.03 (1998-2001).
(C) Transfer interest income $5,415.46 (1998-2001) & $4,560 unclaimed balance prior to 1993.
(D) Transfer $24,124.42 unclaimed balance prior to 2001.
(Six year statute of limitations on claims will apply)
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
6.Approval – Title VI Plan and Limited Proficiency Plan – Civil Rights Act of 1964
On motion of Councilwoman Elkind Eney, seconded by Councilman Murphy, it was
RESOLVED, that the Mamaroneck Town Board does hereby adopt and include as part of the
Administrative Manual, the Title VI Plan and the Limited English Proficiency Compliance
Policy.
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December 19, 2017
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
7.Authorization – Financial Advisor Agreement – Capital Market Advisors
On motion of Councilwoman Katz, seconded by Councilwoman Elkind Eney, it was
RESOLVED, that the Mamaroneck Town Board, does hereby approve the Agreement between
the Town of Mamaroneck and Capital Market Advisors to provide financial services to the
Town, 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:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
8.Report of Bids – TA-16-13 Furnish Police Department Uniforms
Deferred
9.Report of Bids – TA-16-14 Cleaning of Police Uniforms
On motion of Councilman Odierna, seconded by Councilwoman Elkind Eney, the following was
approved,
WHEREAS, on December 9, 2016 the Town publically opened and read one (1) bid for
Contract
TA-16-14 Cleaning of Police Uniforms.
NOW, THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby award Contract TA-16-14 –
Cleaning of Police Uniforms, to the only bidder meeting all of the Town’s requirements, First
Class Cleaners, for 2017 and 2018 as follows:
2017 2018
Trousers $3.50 $3.50
Shirts $1.50 $1.50
And
BE IT, FURTHER
RESOLVED, that the Town Administrator is hereby authorized to execute said contract on
behalf of the Town.
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December 19, 2017
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
10.Consideration of Certiorari
On motion of Councilman Odierna, seconded by Councilman Murphy, it was
RESOLVED, that the Town Board hereby authorizes the settlement of the
following tax certiorari on the following terms:
Rova Corp.
101 Rockland Avenue
Section/Block/Lot: 9-16-161
Town of Mamaroneck/Village of Mamaroneck
Year Assessment Amount of Reduction Reduced Assessment
2010 $ 23,000 $ 1,790 $ 21,210
2011 $ 23,000 $ 1,840 $ 21,160
2012 $ 23,000 $ 1,740 $ 21,260
2013 $1,500,000 $ 100,000 $1,400,000
2014 $1,500,000 $ 100,000 $1,400,000
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
On motion of Councilman Odierna, seconded by Councilman Murphy, it was
RESOLVED, that the Town Board hereby authorizes the settlement of the
following tax certiorari on the following terms:
805 Boston Post Road LLC
805 Boston Post Road
Section/Block/Lot: 9-20-486
Town of Mamaroneck/Village of Mamaroneck
Year Assessment Amount of Reduction Reduced Assessment
2016 $2,410,000 $1,260,000 $1,150,000
The above resolution was put to a roll call vote:
Murphy Aye
Elkind Eney Aye
Katz Aye
Odierna Aye
Seligson Aye
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December 19, 2017
WRITTEN COMMUNICATIONS
None
REPORT OF COUNCIL
The Town Board Members reported on their various activities and meetings since the last Town
Board Meeting.
ADJOURNMENT
On motion of Councilman Murphy, seconded by Councilwoman Elkind Eney, the meeting was
unanimously adjourned at 9:00 PM
________________________________
Submitted by
Christina Battalia, Town Clerk
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