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.
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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.
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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