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HomeMy WebLinkAboutTB-08/29/2002 - SSPECIAL MEETING August29,2002 10:00 A.M. A Special meeting of the Southold Town Board was held Thursday, August 29, 2002 at 10:00 A.M., at the Southold Town Hall, Southold, New York. Present: Absent: Supervisor Joshua Y. Horton Councilman William D. Moore Councilman Craig A. Richer Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Justice Louisa P. Evans Moved by Councilman Romanelli, seconded by Supervisor Horton, it was RESOLVED to convene the special meeting dealing with "A Local Law in Relation to Retirement Incentive" Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: What is the standard and required for the Town Board in regard to resolutions in public meetings to offer the floor to anybody here to address the Board on this resolution, #547 enact a local law in relation to retirement incentives. Would anyone care to address the Board? (No response.) Is the Board ready to proceed? Would the Board like to have any discussion on the resolution? COUNCILMAN MOORE: I am assuming in choosing the positions that we are going to target that we don't have to do that by local law, just by resolution? TOWN ATTORNEY YAKABOSKI: It is my understanding that that is correct. COUNCILMAN MOORE: So that is how it would be done, by resolution? TOWN ATTORNEY YAKABOSKI: Yes, that is what we asked, my answer is based on what Howard Miller told me. COUNCILMAN MOORE: Okay, fine. Not an in-house thing where it is just action of the Board that is required? TOWN ATTORNEY YAKABOSKI: Actually it would have to be an action of the Board, if that is the question then I don't see otherwise. COUNCILMAN WICKHAM: Assuming that we enact it, we adopt it, the next step would be to decide which titles we would like to see made eligible for it. 2 TOWN ATTORNEY YAKABOSKI: If any, yes. And the Board would decide that would be via the mechanism of a resolution. COUNCILMAN WICKHAM: We are not proposing to do that today? SUPERVISOR HORTON: We are not. ! think that we have until December, if! recall. December 31. COUNCILMAN ROMANELLI: So what are we proposing just a resolution to become part of this incentive program? COUNCILMAN MOORE: This law has to be on the books in order to participate. TOWN ATTORNEY YAKABOSKI: It actually might be tomorrow, we reviewed the law again. COUNCILMAN MOORE: Okay, then we are here. COUNCILMAN WICKHAM: What mechanism will we have for deciding which titles will be appropriate for this legislation? SUPERVISOR HORTON: That is up to the Board and actually we can do this several ways. By actual analysis we can do what we believe that each department needs. There are several different ways that the Board can approach it. But this basically is just the formal process of enacting the local law so that we can have the option to participate in it. TOWN ATTORNEY YAKABOSKI: What happened is that it went to Albany and came down to us and it one of those things were we rely on an opinion of labor counsel and labor counsel and John Cushman contacted (inaudible) and got caught in press button one, press button two and ! could never get through personally. SUPERVISOR HORTON: Are there any more questions about it? Move forward with the resolution then. #583 Moved by Councilman Moore, seconded by Councilman Wickham, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th Day of August 2002, a Local Law entitled "Local Law in relation to Retirement Incentive", and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local law at which time all interested parties were heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts "A Local Law in relation to Retirement Incentive", to read as follows: LOCAL LAW NO. 6 OF 2002 A Local Law electing a retirement incentive program as authorized by Chapter 69, Laws of 2002 for the eligible employees of the Town of Southold. BE IT ENACTED by the Town Board of the Town of Southold, as follows: § 1. The Town of Southold hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 69, Laws of 2002. § 2. The commencement date of the retirement incentive program shall be October 3, 2002. § 3. The open period during which eligible employees may retire and receive additional retirement benefits, shall be 90 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 (5) 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. This act shall take effect immediately upon filing with the State. Councilman Richter, Councilman Romanelli, §5. Vote of the Town Board: Aye: Councilman Wickham, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. 3 TOWN ATTORNEY YAKABOSKI: Just so you know, there was another one that is part of this law which is not come by us, which we had no discretion on-mandatory-it was a 55-25 which we don't believe that any employees are eligible for but this Board would have had no discretion. It is a State offered incentive, which we have no discretion on. ! just didn't want the Board to get questioned on the street and have no idea of what it is. PAUL GRATTAN: Just one question, you have up to the end of the year? SUPERVISOR HORTON: That is correct. PAUL GRATTAN: And once employees find out that they were targeted or not targeted how long do they have then to... COUNCILMAN MOORE: The window closes December 31, ! don't think the Board will wait until December 31 to make the decision of who they are going to target. SUPERVISOR HORTON: We won't wait until December 31. Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that this Special Town Board meeting be adjourned at 10:45 A.M. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Supervisor Horton. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk