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HomeMy WebLinkAboutLL 2010 #10SOUTHOLD TOWN BOARD PUBLIC HEARING August 24, 2010 4:40 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 Attomey Martin Finnegan This hearing was opened at 4:56 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 Program, Part B'. 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 4:40 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 B" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program, Part B". 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 B available to employees of the Town of Southold. Il. Part B - 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 October 1, 2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 90 days in length and shall end 2010 Retirement Incentive Program, Part B August 24, 2010 2 on December 29, 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 adjudgcd by any court of competent jurisdiction to bc invalid, thc judgment shall not affect thc 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. We have the same things, we have a copy of the posting in the Suffolk Times on August 12, 2010; that it was posted on the Town Clerk's bulletin board on the same date and just a copy of the local law as read. And that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular? Let me, I am sorry Tom, I was going to go ahead and just clarify for everyone's edification, when the state rolled out a retirement incentive, there are several different aspects of the retirement incentive to consider. One of the things that people would, should know is that the incentive is for people to retire that might, it might qualify them for more of a retirement pension than they would otherwise qualif~ for. It might allow for people to retire earlier than what the age criteria are. All that comes at a cost, it comes at a cost to the State of New York when it manages its pension fund. The town is required to pay some of those costs, defer some of those costs, pay those costs to the State of New York through its retirement pension plan. So when someone retires through this incentive it is not that we automatically save money. We have to calculate how much money we are going to save if these employees take the plan. Ultimately the town needs to determine that we need to save at least 50% of the actual costs of the employment of that person for the following year in order to make it worth our while. The town is participating in this program with a keen understanding of what our costs are going into it and with an understanding that we have to be serious about not replacing personnel as they retire, there are a few positions, critical positions such as public safety dispatchers, police officers and others that you have to maintain a minimum count. However, in other cases, this is a tight economic climate and if we have to reduce the work force and maybe reduce the amount of services we render to the public, that is the trade off in order to save money in this tight fiscal climate. So we are participating in this with an understanding that we are only going to allow those that require, that would make sure that this town nets at least a 50 % savings in the subsequent year of that salary. I am sorry, I probably just confused everybody. Tom? 2010 Retirement Incentive Program, Part B 3 August 24, 2010 TOM SKABRY: Tom Skabry, CSEA president. I hope the Town Board does adopt both resolutions regarding these two incentive packages. I am quite confident with the number of people who will retire or take up this offer, that we will be able to maintain if not the same or very close to the same level of services that we currently provide to the taxpayers. COUNCILMAN KRUPSKI: Thank you. COUNCILMAN ORLANDO: Thank you, Tom. SUPERVISOR RUSSELL: Would anybody else like to comment? Hearing none. This hearing was closed at 5:00 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 NOEM[ COLON ACTING SECRETARYOF STATE Lynda M Rudder Town of Southold Town Hall 53095 Main Rd PO Box 1179 Southold NY 11971 September 2, 2010 RECEIVED 8EP - 7 20t0 Soufhold Town Clerk RE: Town of Southold, Local Law 9 & 10. 2010, filed on 9/1/10 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, ch Principal Clerk State Records and Law Bureau (518) 474-2755 V~v*W. DO S . STATE . NY.U S E-MAIL: INFO,DOS.STATE.NY.US RESOLUTION 2010-680 ADOPTED DOC ID: 6154 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-680 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 B"~ 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 B" reads as follows: LOCAL LAW NO. 10 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 B available to employees of the Town of Southold. II. Part B - 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 October 1, 2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 90 days in length and shall end on December 29, 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. Resolution 2010-680 Board Meeting of August 24, 2010 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 8/24/2010 3:27 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 ALBANYINY 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. 10 of the year 2010. A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program, Part B" Be it enacted the Town Board of the: r~ County [] City [] Town of [] Village SOUTHOLD 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 B available to employees of the Town of Southold. II. Part B 1. 2. 3. 4. - 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 October 1, 2010. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 90 days in length and shall end on December 29, 2010. 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. 1II. SEVER. ABILITY 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. 2 (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. 10 of 20 10 . of the (Czxn~')(CiVj,)(Town) (V:.'.'.age) 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.) 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 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.) 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 of a 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 ora 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.) I further certify that I 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 1 , above. (Seal) C~'~k of~e"County'l~gisla:tive body. City. Town or 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 efli~e cc~r~e~t~tex~p,and that all proper proceedings have been had or taken for the enactment of the local law annexed her~~~ Signature Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq.~ Assistant Town Attorney Title city Town of SOUTHOLD Date: August 31~ 2010 4 T~ ~y RESOLUTION 2010-680 ADOPTED DOC ID: 6154 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-680 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 24, 2010: WHEREAS, there has been presented to the To~vn 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 B"~ 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 B" reads as follows: LOCAL LAW NO. 10 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 B available to employees of the Town of Southold. II. Part B - 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 October 1, 2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 90 days in length and shall end on December 29, 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. Resolution 2010-680 Board Meeting of August 24, 2010 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: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 8/24/2010 3:27 PM by Lynda Rudder Page 2 RESOLUTION 2010-582 ADOPTED DOC ID: 6073 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-582 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 B". 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 4:40 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 B" 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 B available to employees of the Town of Southold. 1I. Part B - 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 October 1, 2010. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 90 days in length and shall end on December 29, 2010. 4. The actuarial present value of the additional retirement benefits payable pursuant Resolution 2010-582 Board Meeting of July 27, 2010 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. SEVERAB1LITY 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: 7/27/2010 2:31 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 12th day of Au,qustI 2010. Sworn to before me this LEGAL NOTICE WHEREAS, there has been pre- sented 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 Low to Adout the ~010 Retirement Incentive Pro.ram. Part B". RESOLVED that the Town Board of the Town of Southold will hold a pub- lic hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of August ~010 at ~ p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A ~ Law to Adopt the ~010 Relic. as follows: A Local Law entitled, 2AJ~lgll_~ ~ day of 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 Chap- ter 105 of the Laws of 2010 for the pur- pose of making the 2010 Retirement In- centive Part B available to employees of the Town of Southold. 11. B- h 105 Laws 2010. LThe Town of Southold hereby elects to provide all of its eligible emp[oyees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. 2. 'Uae commencement date of the Retirement Incentive Program shall be October 1,2010. 3. The open period during which eli- gible employees may retire and receive the additional retirement benefits shall be 90 days in length and shall end on December 29,2010. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one ltmap sum, or in five annual installment~ The amount of the annual payment shall be deter- mined 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 re- ceives the retirement benefits payable under this Local Law. HI. SEVERABILITY If any clause, sentence~ paragraph, sectiom 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 unconstitution- al or invalid. 1V. EFFECTIVE DATE This Local Law shall take effect mediately upon filing with the Secretary of State as provided by law. Dated: July 27, 2010 BY ORDER OF THE TOWN BOARD OFTHE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk week(s), successively, commencing on the Principal Clerk ~I;,('.'~/_,,V JL 2010. NOTARY PUgL!C-S~,AT~ OF ,NEW YORK 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 B Southold Town Clerk Sworn before me this 12th day of August _ 2010. otary Public LYNDA M. ~ NOTARY PUBLIC, State of New York No. 01J~,06020932 Qualified in Suffolk County Term Expires March 8, 20 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suflblk 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 B". 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 4:40 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 B" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program, Part B". 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 B available to employees of the Town of Southold. I1. Part B - 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 October 1, 2010. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 90 days in length and shall end on December 29, 2010. 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. 111. 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 Suffolk Times TC's Bulletin Board Town Board Members Accounting Dept. Town Attorney RESOLUTION 2010-582 ADOPTED DOC ID: 6073 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-582 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 B". 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 4:40 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 B" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part B-. 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 B available to employees of the Town of Southold. II. Part B - Chapter I05~ 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 October 1, 2010. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 90 days in length and shall end on December 29, 2010. 4. The actuarial present value of the additional retirement benefits payable pursuant Resolution 2010-582 Board Meeting of July 27, 2010 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 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: 7/27/2010 2:31 PM by Lynda Rudder Page 2