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Home My WebLink AboutTOR RES 564 575 576 577 580 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer July 24, 2012 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolutions which was adopted by the Riverhead Town Board at a Regular Town Board meeting on July 17, 2012 Res. #564- AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE OF PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW FOR AN AMENDMENT OF CHAPTER 101 "VEHICLES & TRAFFIC" OF THE RIVERHEAD TOWN CODE (§101-12. No parking certain hours; roads leading to water.) Res. #575- AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 106 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE (ARTICLE XXXlV-Multifamily Residential Professional Office Zone) Res. #576- AUTHORIZIES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED, "ZONING" OF THE RIVERHEAD TOWN CODE (BUSINESS CR ZONING USE DISTRICT (RURAL NEIGHBORHOOD BUSINESS) Res. #577- AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND THE ZONING USE DISTRICT MAP OF THE TOWN OF RIVERHEAD TO PROVIDE FOR MULTI-FAMILY RESIDENTIAL ZONING USE DISTRICT TO THE EXCLUSION OF THE EXISTING BUSINESS CR ZONING USE DISTRICT 200 Howell Avenue ~ Riverhead, New York 11901- (631)727-3200 Ext. 260 ~ Fax (631)208-4034 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer Res. #580- AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND ARTICLE IV. EARLY RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE FULL-TIME POLICE OFFICERS OF CHAPTER 37 ENTITLED "RETIREMENT" OF RIVERHEAD TOWN CODE If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, Diane M. Wilhelm Town Clerk 200 Howell Avenue ~ Riverhead, New York 11901- (631)727-3200 Ext. 260 ~ Fax (631)208-4034 Office of the Town Clerk Diane 3/1. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer July 24, 2012 We would appreciate your signing this letter acknowledging receipt of these Resolutions and returning it to the Office of the Riverhead Town Clerk. (Resolution# 564, 575, 576,· 577, 580) from Town Board Meeting 7.17.12) " Sincerely, Diane M. Wilhelm Town Clerk Signature: DW:cd 200 Howell Avenue ~ Riverhead, New York 11901~ (631)727-3200 Ext. 260 ~ Fax (631)208-4034 07.17.12 ADOPTED 120564 TOWN OF RIVERHEAD Resolution # 564 AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE OF PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW FOR AN AMENDMENT OF CHAPTER 101 "VEHICLES & TRAFFIC" OF THE RIVERHEAD TOWN CODE (§101-12. No parking certain hours; roads leading to water.) Councilman Wooten offered the following resolution, which was seconded by Councilman Gabrieisen RESOLVED, that the Town Clerk is hereby authorized to post and publish the attached public notice to consider a proposed local law to consider the amendment of Chapter 101 entitled, "Vehicles & Traffic"of the Riverhead Town Code, once in the July 26, 2012 issue of the News-Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and to post same on the signboard in Town Hall; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio [~Yes [~]No Gabrielsen [~Yes r-]No Wooten []Yes E~No Dunleavy [~Yes [--]No Walter []Yes r-]No The Resolution Was [] Thereupon Duly Declared Adopted G:\071712\564 - TA I01-12101-17 ph.doc TOWN OF RIVERHEAD PUBLIC NOTICE PLEASE TAKE NOTICE, that a public hearing will be held on the 21st day of August, 2012 at 7:20 p.m. at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, to consider a proposed local law to amend Chapter 101 of the Riverhead Town Code entitled, "Vehicles & Traffic" as follows: Chapter 101 Vehicles and Traffic ARTICLE VII § 101-12. No parking certain hours; roads leading to water. Parking is hereby prohibited during the hours designated upon any street or portion thereof as follows: Street Side Hours Location § 101-17. Parking by permit. The parking of vehicles bearing valid beach parking permits is hereby permitted in the following locations where parking is otherwise prohibited: Street Side Meeting House Both Creek Road · Overstrike represents deletion(s) · Underscore represents addition(s) Location Be.qinnin.q at the Harbor Road intersection and runnin.q thence in a southerly direction to the southerly terminus of Meeting House Creek Road Dated: Riverhead, New York July 17, 2012 BY ORDER OF THE BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk G:\071712\564 - TA 101-12101-17 ph,doc 07.17.12 ADOPTED 120575 TOWN OF RIVERHEAD Resolution # 575 AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE (ARTICLE XXXIV - Multifamily Residential Professional Office Zone) Councilman Dunleaw offered the following resolution, which was seconded by Councilman Wooten RESOLVED, the Town Clerk is hereby authorized to publish the attached public notice to consider a local law to amend Chapter 108 entitled, "Zoning" of the Riverhead Town Code once in the July 26, 2012 issue of the News-Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio []Yes E]No Gabrielsen [~Yes E]No Wooten ~:~]Yes I--INo Dunleavy []Yes i-]No Walter []Yes r-]No The Resolution Was [] Thereupon Duly Declared Adopted G:\071712\575 - TA 108-168MultifamilyResProfOffph (5).doc TOWN OF RIVERHEAD NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at 200 Howell Avenue, Riverhead, New York on the 21st day of August, 2012 at 7:05 o'clock p.m. to consider a local law to amend Chapter 108 entitled, "Zoning" of the Riverhead Town Code as follows: CHAPTER 108 ZONING ARTICLE XXXIV Multifamily Residential Professional Office Zone § 108-169. Uses. In the Multifamily Residential Professional Office Zone District no building, structure or premises shall be used, arranged or designed to be used and no building or structure shall hereafter be erected, reconstructed or altered, unless otherwise provided in this chapter, except for one of the following permitted uses and their customary accessory uses. A. Permitted uses: (1) Multifamily residential condominiums. (2) Day-care centers or nursery schools. (3) Professional offices of: (a) Accountants. (b) Architects. (c) Artists. (d) Attorneys. (e) Audiologists. (f) Bookkeepers. (g) Chiropractors. (h) Dentists. (i) Engineers. (j) Income tax preparer. (k) Insurance agents or brokers. (I) Intedor designers. (m) Journalists. (n) Medical doctors. (o) Optometrists. (p) Osteopaths. (q) Podiatrists. (r) Person or persons determined by the Town Board to be engaged in a profession similar to those set forth above. (4) One-family townhomes or multifamily units. G:\071712\575 - TA 108-168Multi~amilyResProfOff ph (5)~doc (5) Agricultural production, including but not limited to the followinq: (a) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes, and dry beans. (b) Fruits, includinq apples, peaches, grapes, cherries and berries. (c) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions. (d) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers. (e) Livestock and livestock products, includinq cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eg.qs and furs. (f) Christmas trees grown in a managed Christmas tree operation, whether dug for transplanting or cut from the stump. (g) Commercial horse boarding operation. (6) Professional studios and performing arts studios. B. Special permit uses: (1) Public libraries/museums. (2) Public facilities, including fire houses and police stations. (3) Institutions, including schools, places of worship, and community centers. B.C. Accessory uses: (1) Those uses customarily incidental to any of the above permitted uses oir specially permitted uses when located on the same lot and not involving the conduct of a business unless as otherwise specified below. (2) The sale at retail of homegrown or homemade products, provided that all retail uses shall be subject to site plan approval pursuant to Article XXVI of the Riverhead Town Code and the provisions of Chapter 108. The farmer may sell supporting farm products and farm products not grown by the farmer, provided that the area devoted to the sale of said products at no time exceeds 40% of the total merchandisinq area. §108-170. Development standards. A. Lot area. The minimum lot area shall be 160,000 square feet. B. Lot width. The minimum width (frontage) shall be 400 feet. C. Yards. (1) Front. The minimum front yard shall be 50 feet. No building, structure, storage, tennis court, swimming pool, e¢ parking or other similar accessory uses shall be located in the front yard so provided. Sidewalks, walkways, and access driveways shall be exempt from this requirement. (2) Side. The minimum side yard shall be 25 feet. O:\071712\575 - TA 108-168Mul tifhmilyResProfOff pl~ (5).doc (3) Rear. The minimum rear yard shall be 50 feet, except that the minimum rear yard shall be 25 feet when adjacent to a property within a Multifamily Residential Professional Office Zone District. D. Building area. (1) The maximum building area fer~l effiee-uses-shall be 15% ! 7%. (2) The number of dwelling units permitted for residential uses shall be based on the number of bedrooms per dwelling unit and the type of community water and sewage system provided, which number shall be incorporated as a filed restriction in all deeds and titles related to the condominium site as follows: (a) One-bedroom dwelling units: four and zero-tenths per acre. (b) Two-bedroom dwelling units: three and zero-tenths per acre. E Floor area ratio. The maximum floor area ratio shall be 0.20. F. Impervious surface coverage. The maximum impervious surface coverage for all uses shall be 75%. ~ G. Height. The maximum height of buildings and structures shall be 35 feet and the maximum stories shall be two and a half. H. Unit size. The maximum size of dwelling units, exclusive of up to 400 square feet for attached or detached garages, shall be as follows: (a) One-bedroom dwelling units: 1,400 square feet. (b) Two-bedroom dwelling units: 1,800 square feet. § 108-171. Landscaping, screening and buffering. A. Screening and buffering shall meet the minimum requirements of § 108-84.1 of this chapter. B. Open space. A minimum of 20% of the lot area shall be preserved as open space. To the extent possible, existing woodlands, stands of or individual trees, and other unique, indigenous, or significant vegetation should be protected. B. C~ Yard landscaping. Within all the required yards the existing vegetation shall be retained. Any proposals for disturbance shall be subject to site plan approval and Architectural Review Board recommendation~ C~. D_~. Preservation of existing vegetation. Site plans for the development of property located in a Multifamily Residential Professional Office Zone District shall include an indication of existing mature trees and other instances of indigenous/or significant vegetation or other natural features so as to ensure their preservation and thereby retain an open space environment which enhances the character of the Town. [~. E_~. Parking Areas. (1) The visual impact of parking areas shall be softened by interrupting continuous rows of parking spaces with planting and by creating planted canopies over parking areas. G:\071712\575 - TA 108-168MultifamilyResProfOff ph (5).doc (2) Any open parking areas of 15 spaces or more shall be provided with internal landscaping covering not less than 10% of the total area of the parking area. (3) Landscaping shall be reasonably dispersed throughout the parking area. Primary landscape materials shall be shade trees~ Secondary materials may include shrubs and ground cover which shall compliment the tree planting and the surrounding natural environment. § 108-172. Access and parking requirements. A. Parking. (1) The parking requirement for professional office uses is one space per 150 250 square feet of floor area. (2) The parking requirement for residential uses is 11/2 spaces per dwelling unit. (3) If a mix of uses is proposed the Planning Board may entertain a proposal for shared parking from the applicant. If the applicant requests less parking because of the sharing of spaces between uses the applicant shall submit a shared parking study to justify the reduced number of parking spaces. However, in no case shall the parking requirement be reduced by more than 15%. B. Access. No more than one access shall be provided per lot. Underscore represents addition(s) Overstrike represents deletion(s) Dated: Riverhead, New York July 17, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk (i:\071712\575 - TA 108-168 M ultifamilyResPro lOft ph (5),doc 07.17.12 ADOPTED 120576 TOWN OF RIVERHEAD Resolution # 576. AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED~ "ZONING" OF THE RIVERHEAD TOWN CODE (BUSINESS CR ZONING USE DISTRICT [RURAL NEIGHBORHOOD BUSINESS]) Councilman Wooten offered the following resolution, which was seconded by Councilman Gabrielsen RESOLVED, the Town Clerk is hereby authorized to publish the attached public notice to consider a local law to amend Chapter 108 entitled, "Zoning" of the Riverhead Town Code once in the July 26, 2012 issue of the News-Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio []Yes r-]No Gabrielsen [~Yes liiNo Wooten []Yes I-]No Dunleavy [~Yes r-iNo Walter [~Yes [--~No The Resolution Was [] Thereupon Duly Declared Adopted G:\071712\576 ~ TA 108-294(BusCR)20 l 2 (2).doc TOWN OF RIVERHEAD PUBLIC NOTICE PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at 200 Howell Avenue, Riverhead, New York on the 21st day of August, 2012 at 7:15 o'clock p.m. to consider a local law to amend Chapter 108 entitled, "Zoning" of the Riverhead Town Code as follows: ARTICLE LV Business CR Zoning Use District (Rural Neighborhood Business) § 108-294. Uses. In the Business CR Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses: Prohibited uses: (1) ~ Buildings with a floor area exceeding 10,000 square feet. § 108-296. Supplementary guidelines. A. Design standards. The design standards and parking standards listed in the provisions below (§ 108- 296A and B) are intended as a guide or measure for improvements in parcels in this zoning district and the word "shall" recited in the provisions below, with the exception of § 108-296B(1 ) which requires adherence to the parking schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the board responsible for review. road. The provision of improved cross access shall be provided between those parcels located on the south side of NYS Route 25A between the westerly town boundary and Wading River Manorville Road. (16) Signs shall be provided in accordance with §108-56. the Signing Ordinance. Signs for commercial uses within shopping centers shall be a uniform design to the greatest extent practicable. G:\071712\576 - TA 108-294(BusCR)2012 (2).doc · Overstrike represents deletion(s) · Underline represents addition(s) Dated: Riverhead, New York July 17, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk G:X,071712\576 - TA 108-294(BusCR)2012 (2).doc 07.17.12 ADOPTED 120577 TOWN OF RIVERHEAD Resolution # 577 AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND THE ZONING USE DISTRICT MAP OF THF TOWN OF RIVERHEAD TO PROVIDE FOR MULTI-FAMILY RESIDENTIAL ZONING USE DISTRICT TO THE EXCLUSION OF THE EXISTING BUSINESS CR ZONING USE DISTRICT Councilman Gabrielsen offered the following resolution, which was seconded by Councilwoman Giglio RESOLVED, the Town Clerk is hereby authorized to publish the attached public notice to consider a local law to amend the Zoning Use District Map of the Town of Riverhead to provide for the Multi-Family Residential Zoning Use District to the exclusion of the existing Business CR Zoning Use District once in the July 26, 2012 issue of the News-Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio [~Yes [--]No Gabrielsen [~Yes r-]No Wooten [~Yes [-]No Dunleavy [~]Yes [-]No Walter [~Yes E~]No The Resolution Was [] Thereupon Duly Declared Adopted G:\071712\577a - TA amendmapMFRDistrict ph (2),doc TOWN OF RIVERHEAD PUBLIC NOTICE PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at 200 Howell Avenue, Riverhead, New York on the 21st day of August, 2012 at 7:10 o'clock p.m., to consider a local law to amend the Zoning Use District Map of the Town of Riverhead to provide for the Multi-Family Residential Zoning Use District to the exclusion of the existing Business CR Zoning Use District on real properly located at Route 25A, Hamlet of Wading River, New York, such real property more particularly described on the attached map. Dated: Riverhead, New York July 17, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk G:\0717125577a - TA mnendmapMFRDistrlct ph (2).doc EXISTING ZONING USE DISTRICT DATE: 7/3/2012 PLANNING DEPARTMENT ~.a? ¢£ I MRP ZONING USE MODIFICATION TOWN OF RIVERHEAD 200 Howell Ave. Riverhead, NewYork 11901 07.17,12 120580 ADOPTED TOWN OF RIVERHEAD Resolution # 580 AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND ARTICLE IV. EARLY RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE FULL-TIME POLICE OFFICERS OF CHAPTER 37 ENTITLED "RETIREMENT" OF THE RIVERHEAD TOWN CODE Councilman Wooten offered the following resolution, which was seconded by Councilman Dunleaw RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached public notice to consider a local law to amend Article IV. Eady Retirement Incentive Program for Eligible Full-Time Police Officers of Chapter 37 entitled "Retirement" once in the July 26, 2012, issue of the News-Review, the newspaper hereby designated as the official newspaper for this purpose and post same on the signboard at Town Hall; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio []Yes E~]No Gabrielsen [~Yes E]No Wooten [~Yes r-]No Dunleavy [~Yes F--fNo Walter [~Yes r-]No The Resolution Was [] Thereupon Duly Declared Adopted McCormick\7-17-12 Setting Public Hearing to Amend Chap.37-Retirement ArtiCle lV Early Retirement Incentive Program- Police Officers PUBLIC NOTICE TOWN OF RIVERHEAD PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 7th day of August, 2012 at 2:15 o'clock p.m. to consider a local law to amend Article IV. Early Retirement Incentive Program for Eligible Full-Time Police Officers of Chapter 37 entitled "Retirement" of the Riverhead Town Code as follows: CHAPTER 37 RETIREMENT ARTICLE IV. Early Retirement Incentive Program for Eligible Full-Time Police Officers who are Members of the Riverhead Police Benevolent Association, Inc. (PBA) Section 37-16 Legislative Intent and Findings: The Town of Riverhead is pleased to offer an early retirement incentive program ("ERIP") in order to bridge budget deficits. This plan is strictly voluntary, and is designed to support positive employee morale by reducing or eliminating the need for involuntary lay-offs. This ERIP is the result of a cooperative effort between the Town of Riverhead ("the Town"), and the Riverhead Police Benevolent Association, Inc., ("the PBA"). Section 37-17 The Eligibility Group: The eligibility group is the set of individuals who will be offered the opportunity to participate in the ERIP. Section 37-18 Eligibility Requirements: McCormick\7-17-I 2 Setting Public Hearing to Amend Chap.37-Retirement Article IV Early Retirement incentive I rogram- Police Officers A. Any full-time PBA barqainin,q unit member who is: (i) eligible for and actually retires and vests into the New York State Police & Fire Retirement System on or before December 31, 2012; and (ii) not resigning for purposes of retirement pursuant to any prior Stipulation of Agreement with the Town or any State-offered retirement or separation incentive or similar program; and (iii) one of the employees to fully comply with all of the terms and conditions set forth in the Incentive. This employee will be eligible to participate in this Incentive and will be referred to as an "Eligible Employee." The Eligible Employee must deliver to the Supervisor, by no later than ,.,-~J~" .-,° 2911 October 11, 2012, an unaltered irrevocable letter of resignation for retirement purposes in the form attached to the Town Incentive-related documents prepared by the Town, referencing that resignation is to be effective on or before,.,.~j~ ~"" ....,°~ ....'m~, ~, December 31, 2012. In order for this incentive to be activated, a minimum number of unit members, to be determined by the Town in its sole discretion on or about ,...~" 2, 20! I October 11, 2012, must opt for the incentive. In the event the incentive is not activated, any resignation letter tendered by an employee will be deemed null and void, and the Eligible Employee may continue working in the Town. The employee may also elect to resign his/her position for retirement purposes, but will not receive the Incentive. This Incentive is effective solely for the 29! ! 2012 calendar year. The Eligible Employee must, at the time of submitting the unaltered irrevocable letter of resignation for retirement purposes referenced in Section 37-18 (B) above, execute the unaltered Waiver and General Release of Claims form attached to the retirement incentive-related documentation prepared by the Town. An Eligible Employee shall forfeit eligibility for this Incentive if he/she opts for any retirement or separation incentive offered pursuant to New York State law during the 29! ! 2012 calendar year. Additional eligibility requirements are set forth elsewhere in this Agreement. The Town reserves the sole, non-reviewable discretion to defer, due to staffing concerns, one or more Eligible Employee's actual date of separation from Town employment until not later than December 31,2013. In this event, all other terms and conditions of this Incentive will remain in full force and effect, althou,qh any applicable dates will be adjusted to McCormick\7-lT~12 Setting Public Hearing to Amend Chap.37-Retirc~:aent Article IV Early Retirement Incentive Program- Police Officers reflect the deferral of the employee's separation from employment. If the employee refuses to consent to the Town's deferral determination, then the employee will not be deemed to be eligible for the Incentive. Section 37-19 BENEFIT: An Eligible Employee who complies with the terms and conditions of this Agreement pursuant to the Town's Incentive Program will (1) receive a payment of $1,000 for each year of completed service as a police officer with the Town up to $25,000; (2) the Town will pay for the employee's portion of family health insurance coverage premiums for the first five years of retirement and will continue to pay for 100% of individual coveraqe premiums per the CBA. If individual coverage is selected dudn.q the five year period immediately following retirement, then the employee will also receive, at the end of each quarter (i.e., March, June, September and December) during each one year period (five maximum) during which the employee remains in individual coveraqe, a payment equal to the difference in the premiums between family and individual coverage durinq that year period, minus applicable taxes. The monies in (1) may, at the employee's discretion, be used to pay for cost of the employee's contribution to family retiree health insurance premium payments after five years. Employees may also use any or all of their contractual payments for unused leave time upon retirement for the same purpose. Those contractual payments for unused leave time upon retirement not being utilized as set forth in the preceding sentence will be equally spread over the three calendar years following the effective date of the employee's retirement and paid in quarterly installments beginning February of each year (i.e., February, April, July and October). McCormick\7-17-12 Setting Public Hearing to Amend Chap.3%Retirement Article IV Early Retirement Incentive Progrm~- Police Officers Notwithstandinq any contrary practice or provision in the parties' collective negotiations a.qreement, any contractual payment due to an employee for unused leave time upon retirement will be spread out and paid in equal quarterly amounts as a separate payment dudn.q the three fiscal years, installments beginning February of each year (i.e., February, April, July and October) commencing February 2013~ Eligible Employees shall remain eligible for the "Severance" payment pursuant to Article XV of the parties' collective bargaining agreement except that Eligible Employees shall not be required to provide four months notice of their intent to retire. Instead, Eligible Employees shall receive the "Severance" payment provided they comply with the notice provisions of the Incentive set forth in Section 37-18 (B) and (E) above. Employees who are eligible and opt for the Incentive will be eligible to earn new accruals of any type after the date on which this Incentive Agreement is fully ratified and approved by the parties unless the employee's date of separation of employment is deferred by the Town pursuant to §37-18 H., in which case the employee will be entitled, pursuant to the provisions of the collective negotiations agreement, to earn a maximum of one additional year's accruals depending upon the new date of separation from employment selected by the Town. SECTION 37-20 INAPPLICABILITY OF OTHER CONTRACTUAL INCENTIVES: Notwithstanding anything to the contrary in the collective bargaining agreement(s) between the Town and the PBA, any Eligible Employee who opts for this Incentive shall be deemed ineligible for any resignation or retirement incentive provided for in that collective bargaining agreement. SECTION 37-21 RATIFICATION AND APPROVAL: The terms and conditions of this incentive w~m .o,m,,,~ o,~ ........ ,~ ~.,, McCormick\7-17-12 Setting Public Hearing to Amend Chap.37-Retirement Article IV Early Retirement Incentive Program- Police Officers ,~.,~.,,~ 'r, ..... ..-,, ~.~-,..~"""~ ..,,"" ,.,.~,.., ,~A°'"~' ! 5,2011 are subject to ratification and approval by the Town Board. SECTION 37-22 INVALIDITY OR ILLEGALITY: If any provision of this Incentive is deemed to be invalid by any court, administrative agency or other neutral of competent jurisdiction, then this entire Incentive shall be deemed null and void from its inception. SECTION 37-23 COMPLETE AGREEMENT: This Agreement constitutes the entire agreement between the Town and the PBA. This Agreement, including this para.qraph, may only be modified by written agreement executed by both parties. · Underline represents addition(s) · Strikethrough represents deletion(s) Dated: Riverhead, New York July 17, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, TOWN CLERK McCormick\7-17-12 Setting Public Hearing to Amend Chap.37-Retirement Article iV Early Retirement Incentive Program- Police Officers