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HomeMy WebLinkAboutLL 2010 #09SOUTHOLD TOWN BOARD PUBLIC HEARING August 24, 2010 4:35 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 4:53 PM COUNCILMAN TALBOT: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of July, 2010, a Local Law entitled "A Local Law to Adopt the 2010 Retirement Incentive Pro,,ram, Part A". RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of August, 2010 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part A" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive ProRram, Part A". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. This local law is being enacted in accordance with §10 of the Municipal Home Rule Law and pursuant to Chapter 105 of the Laws of 2010 for the purpose of making the 2010 Retirement Incentive Part A available to employees of the Town of Sonthold. ll. Part A - Chapter 105~ Laws of 2010. 1. The Town of Southold hereby elects to provide all of its eligible employees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the Retirement Incentive Program shall be September 1, 2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 45 days in length. 2010 Retirement Incentive Program, Part A 2 August 24, 2010 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under this Local Law. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court o£ competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereo£other than the pan so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. In the first part we have the copy of the posting in the Suffolk Times dated August 12, 2010 and the notice that it was posted on the Town Clerk's bulletin board. And the copy of the law that I just read. SUPERVISOR RUSSELL: Does anyone want to come up and address the Board on incentive retirement? Town participation in the early incentive? It tmfortunately doesn't extend to Supervisor's, so I don't qualify. (No response) Hearing none, let's close this hearing. This hearing was closed at 4:56 PM Southold Town Clerk DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 RUTH NOEMi COLON ACTING SECRETARY OF STATE Lynda M Rudder Town of Southold Town Hall 53095 Main Rd PO Box 1179 Southold NY 11971 September 2, 2010 RECEIVED SEP - 7 2010 Southold Town Clerk RE: Town of Southold, Local Law 9 & 10. 2010, filed on 911/10 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.ny, us. Sincerely, Linda Las~h Principal Clerk State Records and Law Bureau (518) 474-2755 W~V.DOS. STATE . NY.US E-MAIL; INFO,DOS.STATE.NY. US Express US Airbill 8663 9461 6530 t 08,'7-7029-8 Address 53095 ROUTE 25 0 ~ pt,4Hoor/~urre~oom c~ySOUTHOLD State NY zip 11971 2 Your Internal Billing Reference 3 To NameReCicerr~s L'~,~ LU~ q ~?olo. LL?IO Address 0384625653 lulea pickup at fedex, com ,-,, 0215 4a Express Package Service ~ Ex Prioriw Ovemight FedEx Staflda rd Overnight FedEx 2Day FedEx Express Saver LI~P?Ex ~ FedEx Pek* · FedEx [] FedEx [~ Other Special Handling SAIURDAY Oelivmy i~J~S~nsecu~n Reo,p,ent ~ Third Parh/ ~ CredltCard bd Cash/Cheek RESOLUTION 2010-679 ADOPTED DOC ID: 6152 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-679 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 24, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of July, 2010, a Local Law entitled "A Local Law to Adopt the 2010 Retirement Incentive Pro~ram~ Part A"~ and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part A" reads as follows: LOCAL LAW NO. 9 of 2010 A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. This local law is being enacted in accordance with § 10 of the Municipal Home Rule Law and pursuant to Chapter 105 of the Laws of 2010 for the purpose of making the 2010 Retirement Incentive Part A available to employees of the Town of Southold. II. Part A - Chapter 105~ Laws of 2010. 1. The Town of Southold hereby elects to provide all of its eligible employees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the Retirement Incentive Program shall be September 1, 2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 45 days in length. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under this Local Law. IlL SEVERABILITY Resolution 2010-679 Board Meeting of August 24, 2010 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 8/24/2010 3:22 PM by Lynda Rudder Page 2 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 31, 2010 Fed Ex RE: Local Law No. 9 & 10 of 2010 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231-001 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 9 & 10 of 2010 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY~ NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. [21 County [] City [] Town of [] Village SOUTHOLD Local Law No. 9 of the year 2010. A Local Law entitled, "A Local I,aw to Adopt the 2010 Retirement Incentive Program, Part A' I Be it enacted the Town Board of the: [21 County [] City [] Town of [] Village SOUTHOLD 1. Purpose. This local law is being enacted in accordance with §10 of the Municipal Home Rule Law and pursuant to Chapter 105 of the Laws of 2010 for the purpose of making the 2010 Retirement Incentive Part A available to cmployees of the Town of Southold. II. Part A - Chapter 105, Laws of 2010. 1. The Town of Southold hereby elects to provide all of its eligible employees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the Retirement Incentive Program shall be September 1, 2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 45 days in length. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be detelmined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under this Local Law. Ill. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 9 of 20 10 . of the (Ceu:.~')(C!ty)(Town) ('.r~zgz) of SOUTHOLD was duly passed by the TOWN BOARD on August 24 ,20 10 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ora (mandatory)(permissive) referendum, and received the affirmative vote ora majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor ora city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. $ 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __ became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) 1 further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph . I , above. Clerk ofthe~unty le~islativ~ body. City. Town ~r (Seal) Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: August 31~ 2010 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed ~ Signa~re J( Mart D.~egan, Town Attorney Jennifer Andaloro~ Esq.~ Assistant Town Attorney Title Town of SOUTHOLD Date: August 31~ 2010 4 RESOLUTION 2010-679 ADOPTED DOC ID: 6152 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-679 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 24, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of July, 2010, a Local Law entitled "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part A"~ and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part A" reads as follows: LOCAL LAW NO. 9 of 2010 A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. This local law is being enacted in accordance with § 10 of the Municipal Home Rule Law and pursuant to Chapter 105 of the Laws of 2010 for the purpose of making the 2010 Retirement Incentive Part A available to employees of the Town of Southold. II. Part A - Chapter 105~ Laws of 2010. 1. The Town of Southold hereby elects to provide all of its eligible employees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the Retirement Incentive Program shall be September 1, 2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 45 days in length. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under this Local Law. III. SEVERABILITY Resolution 2010-679 Board Meeting of August 24, 2010 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the pan so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 8/24/2010 3:22 PM by Lynda Rudder Page 2 RESOLUTION 2010-581 ADOPTED DOC ID: 6077 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-581 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 27, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of July, 2010, a Local Law entitled "A Local Law to Adopt the 2010 Retirement Incentive Program, Part A". RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of August, 2010 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part A" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. This local law is being enacted in accordance with §10 of the Municipal Home Rule Law and pursuant to Chapter 105 of the Laws of 2010 for the purpose of making the 2010 Retirement Incentive Part A available to employees of the Town of Southold. II. Part A - Chapter 105~ Laws of 2010. The Town of Southold hereby elects to provide all of its eligible employees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. The commencement date of the Retirement Incentive Program shall be September 1,2010. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 45 days in length. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one lump sum, or in five Resolution 2010-581 Board Meeting of July 27, 20 l 0 annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under this Local Law. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED IUNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 7/27/2010 2:30 PM by Lynda Rudder Page 2 9887 STATE OF NEW YORK) ) SS: COUNTY OF' SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 12th day of August, 2010. Principal Clerk Sworn to before me this | ,..; day of ~ by the r~oara ~ the. Town of Southold ~s ~oilows: ! L Purl~se ~S j~al la~ is being:enacted m, ac:e~,'y~l.~nce with 610 Of ~,Munici~ te~ 105;of ~e ~ of 2~0~ foz t~e p~ p0se~bf ~fig ~e2Ol~et~nt ~QVe P~j ~gv~lab~ t6 ~plOyees ~; te;~'~fill of ils eH~ble ~mployees . ~ ~O~?¢~Cfft ~at~ pf the ~ ~nt' ~ Program sfi~li be NOTARY PUBLIC-STATE OF NEW YORK No. 01-V©6i 05550 Qualified in Sut,~otk County sented to the Town Board of the Town of Southold, Sa on the 27th da entitled ,, shall lie hearing on the at the Sou~-old ~own '~ ali ~ 1~, ~ ~ esteo pe~ ~I be ~ven me'ate h ~n ~ ~ th ~. ~m,~,~ d~.u.~ , ..... ~ p g e &creme. STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 12th day of August ,2010, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. PH Notice LL in relation to Retirement Incentive, Part A d~lizabeth ~. Ne'vil-le Southold Town Clerk Sworn before me this 12th day of August. ,2010. '-' ' INotary Public LYNDA M ....... NOTARY PUBLIC, State of New York No. 01J~O6020932 Qualified in Suffolk County Term Expires March 8, 20 ~ WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of July, 2010, a Local Law entitled "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part A". RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of August, 2010 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part A' reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program, Part A". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. This local law is being enacted in accordance with § 10 of the Municipal Home Rule Law and pursuant to Chapter 105 of the Laws of 2010 for the purpose of making the 2010 Retirement Incentive Part A available to employees of the Town of Southold. 11. Part A - Chapter 105~ Laws of 2010. The Town of Southold hereby elects to provide all of its eligible employees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. The commencement date of the Retirement Incentive Program shall be September 1, 2010. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 45 days in length. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Southold tbr each employee who receives the retirement benefits payable under this Local Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid, IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: July 27, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON August 12, 2010, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suftblk Times TC's Bulletin Board Town Board Members Accounting Dept. Town Attorney RESOLUTION 2010-581 ADOPTED DOC ID: 6077 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-581 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWTq BOARD ON JULY 27, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 27 day of July, 2010, a Local Law entitled "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part A". RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of August, 2010 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part A" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Prolgram~ Part BE 1T ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. This local law is being enacted in accordance with §10 of the Municipal Home Rule Law and pursuant to Chapter 105 of the Laws of 2010 for the purpose of making the 2010 Retirement Incentive Part A available to employees of the Town of Southold. II. Part A - Chapter 105~ Laws of 2010. 1. The Town of Southold hereby elects to provide all of its eligible employees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the Retirement Incentive Program shall be September 1, 2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 45 days in length. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one lump sum, or in five Resolution 2010-581 Board Meeting of July 27,2010 annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under this Local Law. IIL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the pan so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 7/27/2010 2:30 PM by Lynda Rudder Page 2