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HomeMy WebLinkAboutLL-2002 #05Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET? ALBANY~ NY 12231 (Use this form to fie 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. Town of SOUTHOLD LOCAL LAW NO. ~:~ 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: 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. The commencement date of the retirement incentive program shall be October 3, 2002. The open period during which eligible employees may retire and receive adch'tional retirement benefits, shall be 90 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 (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. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev. 11/99) (1) (Complete the certification in the paragraph that applies to the f'ding 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. ~6- ~' of 20 02 of the ~r~ ..... ^~:--~crnw~ ~~ of SOUTltOLD was duly passed by the TOWN BOARD on AUGUST 29 ,20 02 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage 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)(repassed 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 of a (mandatory)(permissive) referendum, and received the affirmative vote of a 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 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. (2) 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 affumative vote of a 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 f'mal 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 therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk of the~)unty legis~ati~'~ body. Cit~. Town or Village Clerk or officer designated by local legislative bo~'d-y Elizabeth A. Neville, Town Clerk (Seal,) Date: August 29, 2002 (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 I, 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 hereto. Kathleen Murray, Esq.,~/ssistant Town Attorney Gregory F. Yakaboski~ Esq, Town Attorney Title Town of SOUTHOLD Date: August 29, 2002 (3) STATE OF NEW YORK DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY I 2;~3 1-000 I RECEIVED 2002 Southolcl Town Cler GEORGE E. PATAK! GOVERNOR RANDY A. DANIELS September 10, 2002 ELIZABETH A. NEVILLE TOWN HALL 53095 Main Road P.O. Box 1179 SOUTHOLD, NY 11971 RE: Town of Southold, Local Law 5, 2002, filed 08/30/2002 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 WWV~. DOS .STATE, NY. U $ · E-MAtL: INFO{C~DOS .STATE. NY US RECYCLED PA~ER USAAi,rbil! ,.dEx ~xpress ~.mb*r Date 8 -- 2 9-- 0 2 Sender's FedEx Account Number Senders Name Elizabeth Neville ~/3o102_. . . 0105'9470 n ........ S ......................... ~.,~.{~_~_~.~ ....................... 1 Phone(' 6.31) 765-1800 F. xpress Package Servics Packages up to1501bs. De]~erv commttment may be later in some areas , edEx Priority Overnight I_ FedEx Standard Overnight ~ FedEx First Overnight x[ business momi~ '~ex~ b~sineDs afternoon Earliest ne~ uuslness moraln~ FedEx 2Day* [~ FedEx Express Saver~ CompanyT~d~Cd r~' ._clFtLJTFiOLD , Address ~ 5 c~ SOUTHOLD Yourlmrnal Billing R~emnce LL No. To Recipienfs Name Phone( 518} 474--2755 Company NYS Department of State A~d,~ State Records & Law Bureau 4b Express Freight Service ~ FedEx 1Day Freight" Next business day * Ca I far Cenfirma~on: ~ FedEx 2Day Freight Second business day Packageso~er1501bs. 3el~erv commitment maybe later in some areas. [] FedEx3DayFreight Third ~usinessday 5 Packaging * Dectared ~alue limit ~ ZIP J. :~7 i ~dExEnvelope/Letter~ ~ FedExPak* ~ OtherPkg. To "HOLD~ at FedEx leca~on, Drift FedEx address. 41 State Street Special Handling F ~.cl.d~ F.dE( address i~ s~ao. 3, SATURDAYDe~/ ~w SUNDAY Deli~y ~ tOLD Wee~ay ~ HOlD ~rd~ R~m~ONS ~ RE~m~O~S ~ at ~d~ Location ~ at ~d~ Loch[on ~ Yes ~ Yes ~ D~lce ,~Payment Billto: We cannot delwer ~ P.D, boxes er P.O. ZIP codes. ]- Enter FedE~ Acc~ No. or C~e~it Pard NO, beloW-. ~[~'~ender [] Rec pent [] Th rd Party [] Cred~tOard Dept,/eoodSu~e/Room EX~ Albany ~ NY z~P 12231 0 ! ~z~33z~87 [] Cash/Check Total Packages Total Weight T~al Declared Value'r` $ .00 l~Our,liabilityis lbn~ed tq$1OO uNoss you declare a higher value, See back for details. Fed~UseOnN By signing you autherize u~ to deliver this shipment without obtaining a signature and agree to indemn~fl/and hold us harmless from any resulting claims. SRS ll0goRev, Date 7~g0*Pa~ ~155012SF.©199t -2000 FedExePRINTED IN See back for application instructions. Questions? Visit our Web site at www. fedex.com or call 1.800.Go. FedEx® (800)463-3339, By using this Airbill you agree to the service conditions an the back of this Airbil[ and in our current Service Guida, including terms that limit our liability. · ' ~.: LEGAL·NOTICE .... :.PUBLIC HE~RING...~ . · "':the' TO~zfi :'of .Sbuthold he~eb'y',~S:.8:02 · ..A;.:t~qai:?Law ?~iecting a 'refi~emCnt ' ..incentive pm~am~:as aut. h6ri'zed b'Y ' · Chapter 69; Laws of' 2~2 for 'the.'elig.i-. ...Bi( employees. 6f the Town 0f Southold. :.. 'BE:: IT' ENACTED by. fhe ToWh. B:6~8 ' . '2jaugh0riz0d.~'by.' Ghap(8r. 69,::~ LaTMs 0f. ~bafit: ~f the: h~fiu~i :Phmeni STATE OF NEW YORK) )SS: COU_..~I'Y QF SU .FFOLK) ,._"-~--~.~-,~./~,c/~_~/z~---~'~",~.... of Mattituck, in said county, being duly sworn, says that he/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 // weeks succes- sively, ~ommencing on the ,~,,~-.., day of ./~'~v'~c~.C~'" 20~,-?.~ ~nci pal Clerk Sworn to before me this day of ~.~ ~ 20 (~ ~ LAURA E. BONDARCHUK Notary Public, State of New York No 01 B06067958 Qualified in Suffolk County My Commission Expires Dec. 24, 2 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 I (,,'~t day of (~~ ,2002, she affixed a notice of which the annexed printed notice is a tree 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. NOTICE OF PUBLIC HEARING: Retirement Incentive ~Eli~.abeth A. l~eville~ Southold Town Clerk Sworn before me this IG'rq day of % ,2002. LYNDA M, BOHN NOTARY PUBLIC, State of New York No. 01BO6020932 · Qualified in Suffolk CoU_nty Term ~Expires MarCh 8, 20 O~_..~.__. SOUTHOLD TOWN BOARD PUBLIC HEARING August 27, 2002 8:02 P.M. HEARING ON "A LOCAL LAW IN RELATION TO RETIREMENT INCENTIVES" Present: Absent: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Councilman John M. Romanelli COUNCILMAN WICKHAM: RESOLVED that the Town Board of the Town of Southold hereby sets 8:02 p.m., Tuesday~ August 27, 2002~ at the Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing upon the question of a "Local Law in relation to Retirement Incentive." LOCAL LAW NO. 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. 85. This act shall take effect immediately upon filing with the State. Underline represents additions COUNCILMAN WlCKHAM: I have no particular communications in connection with this other than the fact of posting out there on our bulletin board and again the certification that it has been published in our local newspaper. 2 SUPERVISOR HORTON: Are there any communications on there? COUNCILMAN WICKHAM: I have nothing. SUPERVISOR HORTON: I will open the floor then to the public who would care to address the Town Board in regard to this public hearing, a local law in relation to retirement incentives. PAUL GRATTAN: Paul Grattan, Southold. One quick question, is this the same one that has been adopted by school districts, Suffolk County, the State, etc. Or is it one that the Board created and is going to send to Albany for approval? SUPERVISOR HORTON: This is one made available to the Town by the State of New York. PAUL GRATTAN: So it is the same thing that the others have had? SUPERVISOR HORTON: I would think yes. State, then yes it would be the same. PAUL GRATTAN: Thank-you very much. SUPERVISOR HORTON: will close the hearing. If any municipality or .... falls under the purview of the Would anybody else care to address the Town Board? (No response) We Southold Town Clerk