Legal notices: Feb. 17, 2011

02/19/2011 3:13 PM |

LEGAL NOTICE
Notice of formation of a
Limited Liability Company (LLC):
Name: EXPERT MARTIAL ARTS, LLC.
Articles of Organization filed with the Secretary of New York (SSNY) on 10/14/2010. Office location County of Suffolk. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail process to: c/o Soonchul Rhee 440 Sylvan Ave., Ste. 250, Englewood Cliffs, NJ 07632. Purpose: any lawful act.
8235-6T 1/13, 20, 27; 2/3, 10, 17

LEGAL NOTICE
Notice of formation of JM BRYANT CAPITAL PARTNERS, LLC, a limited liability company.
Articles of Org. filed w/ Secretary of State of New York (SSNY) 11/09/10. Office loc.: Suffolk .
SSNY has been designated for service of process. SSNY shall mail process to: 78 Manhattan Avenue, West Babylon, New York 11704. Purpose: any lawful purpose
8237-6T 1/13, 20, 27; 2/3, 10, 17

LEGAL NOTICE
NOTICE OF FORMATION, Lawn Stars, LLC. Articles of Organization filed with Secretary of State of New York (SSNY) on 12/10/2010. Office location: Suffolk. SSNY designated for service of process. SSNY shall mail copies of any process served against the LLC to c/o: Lawn Stars, LLC, 25 Montauk Avenue, East Moriches, NY 11940. Purpose: any lawful purpose or activity.
8239-1T 1/20, 27; 2/3, 10. 17, 24

LEGAL NOTICE
Notice of formation of GHC Holdings LLC, a Limited Liability Company. Articles of Org. filed with Secretary of State of New York (SSNY) 11/22/10. Office loc.: Suffolk. SSNY has been designated for service of process. SSNY shall mail process to: 42 Heritage Lane, Riverhead, NY 11901. Purpose: any lawful purpose.
8244-6T 1/27; 2/3, 10, 17, 24; 3/3

PUBLIC NOTICE
Pursuant to Section 267 of the Town Law a Public Hearing will be held by the Zoning Board of Appeals of the Town of Riverhead, Suffolk County, New York on February 24, 2011, at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York not before the time shown below on each of the following appeals:
7:15 p.m., prevailing time, Appeal No. 11-06, the appeal of 1998 Peconic LLC, 558 Edwards Avenue, Calverton, New York, for a variance to Chapter 108, Section 108-274 A of the Code of the Town of Riverhead, requesting a use variance for non permitted bank and pharmacy uses, both with accessory drive-thru service.
7:20 p.m., prevailing time, Appeal No. 11-07, the appeal of Fred & Marge Conroy, 69 Morningside Avenue, Jamesport, New York, for a variance to Chapter 108, Section 108-14.1 of the Code of the Town of Riverhead, requesting permission to construct an addition to a single family residence having a front yard depth of 45.8 feet instead of the required 50 feet, a side yard width of 4.5 feet instead of the required 25 feet and providing for impervious surface of 24% instead of the required 15%.
Any person desiring to be heard on the above mentioned appeals should appear at the specified time and place.
Zoning Board of Appeals work session begins at 6:45 p.m. in the office of the Town of Riverhead Planning Department.
F. J. MCLAUGHLIN, CHAIRMAN, ZONING BOARD OF APPEALS
8270-1T 2/17

PUBLIC NOTICE
PLEASE TAKE NOTICE, that the meetings of the Riverhead Industrial Development Agency shall take place on the first Monday of each and every month at 5:00 p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York. If a legal holiday should occur on the first Monday of a month then the meeting will be held on the second Monday of that month, unless otherwise amended by resolution of this Board.
BY ORDER OF
THE BOARD OF DIRECTORS
RIVERHEAD INDUSTRIAL
DEVELOPMENT AGENCY
Thomas Cruso, Secretary
8271-1T 2/17

PUBLIC NOTICE
PLEASE TAKE NOTICE, that the meetings of the Riverhead IDA Economic Job Development Corporation shall take place on the first Monday of each and every month at 5:00 p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York. If a legal holiday should occur on the first Monday of a month then the meeting will be held on the second Monday of that month, unless otherwise amended by resolution of this Board.
BY ORDER OF
THE BOARD OF DIRECTORS
RIVERHEAD INDUSTRIAL
DEVELOPMENT AGENCY
Thomas Cruso, Secretary
8272-1T 2/17

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 1st day of March 2011 at 2:30 o’clock p.m. to consider a local law amending Chapter 37 entitled “Retirement” of the Riverhead Town Code as follows:
CHAPTER 37
ARTICLE III
EARLY RETIREMENT INCENTIVE PROGRAM FOR
FOR ELIGIBLE FULL-TIME EMPLOYEES WHO ARE MEMBERS OF THE CIVIL SERVICE EMPLOYEES’ ASSOCIATION, INC.
Section 37-12 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 and the Civil Service Employees’ Association, Inc., Local 1000, AFSCME, AFL-CIO, Riverhead Unit of the Suffolk Local #852 (“the CSEA”).
Section 37-13 The Eligibility Group:
The eligibility group is the set of individuals who will be offered the opportunity to participate in the ERIP.
Section 37-14 Eligibility Requirements:
A. Full-time CSEA bargaining unit members who: (i) have at least 20 years of credited service in the New York State Employees Retirement System (the NYSERS”) as of March 15, 2011; (ii) are eligible for and actually, retire and vest into the NYSERS on or before May 26, 2011; (iii) are at least 55 years of age at the time they retire into the NYSERS; (iv) are employed by the Town on the day before the effective date of their retirement; (v) are 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 (vi) are one of the employees to fully comply with all of the terms and conditions set forth in the Incentive. Those employees shall be eligible to participate in this Incentive and shall be referred to as an “Eligible Employee.”
B.The Eligible Employee must deliver to the Supervisor, by no later than May 2, 2011, 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 May 26, 2011.
C. 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 May 2, 2011, 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.
D. This Incentive is effective solely for the 2011 calendar year.
E. The Eligible Employee must, at the time of submitting the unaltered irrevocable letter of resignation for retirement purposes referenced in Section 37-14 (B) above, execute the unaltered Waiver and General Release of Claims form attached to the retirement incentive-related documentation prepared by the Town.
F. 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 2011 calendar year.
G. Additional eligibility requirements are set forth elsewhere in this Agreement.
Section 37-15 BENEFIT:
A. Fully paid health insurance premiums by the Town for a period of 48 months following an Eligible Employee’s resignation for all Eligible Employees who are enrolled in a family health insurance plan at the time of their retirement and who remain enrolled in a family health insurance plan for this 48 month period. In the event an Eligible employee dies during this 48 month period, the Town shall pay 75% of the cost of health insurance for the deceased Eligible Employee’s dependents, at the time of death, for the remaining months of this 48 month period of time, in accordance with applicable provisions of the New York State Health Insurance Program and applicable law. After the first 48 months, the Town’s contribution of health insurance premiums shall be as per Article X(1)(C) of the parties’ collective bargaining agreement.
-or-
B. A lump sum payment of $400 per month, payable in quarterly installments, for a period of 48 months following an Eligible Employee’s retirement for all Eligible Employees who are enrolled in an individual health insurance plan at the time of their retirement, for which the Town contributes 100% of the premium cost, and who remain enrolled in an individual health insurance plan for this 48 month period. In the event an employee dies during this 48 month period, the Town shall continue to make these payments to the employee’s estate for the remaining months of the 48 month period of time.
C. Eligible Employees shall remain eligible for all payments for unused accumulated leave time pursuant to the parties’ collective bargaining agreement. Payment will be made within 30 days following the Eligible Employee’s retirement date, as determined by the NYSERS, for all time which does not exceed an amount of paid time which equates to the value of the full time weeks (to be determined by the Eligible Employee’s regular work week as of the date of retirement) remaining in the calendar year following the Eligible Employee’s retirement. Payments for leave which exceeds the value of full weeks remaining in the calendar year will be paid in January 2012.
D. INAPPLICABILITY OF OTHER CONTRACTUAL INCENTIVES:
Notwithstanding anything to the contrary in the collective bargaining agreement(s) between the Town and the CSEA, 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.
E. RATIFICATION AND APPROVAL:
The terms and conditions of this Incentive were ratified and approved by the Town Board on March 15, 2011.
F. 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.
8273-1T 2/17

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 1st day of March 2011 at 2:35 o’clock p.m. to consider a local law amending Chapter 37 entitled “Retirement” of the Riverhead Town Code as follows:
CHAPTER 37
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:
A. Full-time PBA bargaining unit members who: (i) have at least 20 years of credited service in the New York State Police and Fire Retirement System (“the NYSPFRS”) as of March 15, 2011; (ii) are eligible for and actually retire and vest into the NYSPFRS on or before May 26, 2011; (iii) are employed by the Town on the day before the effective date of their retirement; (iv) are 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 (v) are one of the employees to fully comply with all of the terms and conditions set forth in the Incentive. Those employees shall be eligible to participate in this Incentive and shall be referred to as an “Eligible Employee.”
B. The Eligible Employee must deliver to the Supervisor, by no later than May 2, 2011, 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 May 26, 2011.
C. 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 May 2, 2011, 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.
D. This Incentive is effective solely for the 2011 calendar year.
E. 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.
F. 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 2011 calendar year.
G. Additional eligibility requirements are set forth elsewhere in this Agreement.
Section 37-19 BENEFIT:
A. Fully paid health insurance premiums by the Town for a period of 48 months following an Eligible Employee’s retirement for all Eligible Employees who are enrolled in a family health insurance plan at the time of their retirement and who remain enrolled in a family health insurance plan for this 48 month period. In the event an Eligible Employee dies during this 48 month period, the Town shall pay 75% of the cost of health insurance for the deceased employee’s dependents, at the time of death, for the remaining months of this 48 month period of time, in accordance with applicable provisions of the New York State Health Insurance Program and applicable law. After the first 48 months, the Town’s contribution of health insurance premiums shall be as per Article III(1)(A) of the parties’ collective bargaining agreement.
-or-
B. A lump sum payment of $400 per month, payable in quarterly installments, for a period of 48 months following an employee’s retirement for all Eligible Employees who are enrolled in an individual health insurance plan at the time of their retirement, for which the Town contributes 100% of the premium cost, and who remain enrolled in an individual health insurance plan for this 48 month period. In the event an Eligible Employee dies during this 48 month period, the Town shall continue to make these payments to the Eligible Employee’s estate for the remaining months of this 48 month period of time.
C. 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.
D. 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.
F. RATIFICATION AND APPROVAL:
The terms and conditions of this Incentive were ratified and approved by the Town Board on March 15, 2011.
F. 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.
8274-1T 2/17

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 1st day of March 2011 at 2:25 o’clock p.m. to consider a local law amending Chapter 37 entitled “Retirement” of the Riverhead Town Code as follows:
CHAPTER 37
ARTICLE II
EARLY RETIREMENT
INCENTIVE PROGRAM
FOR ELIGIBLE NON-UNION FULL-TIME EMPLOYEES
Section 37-8 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 will allow the Town to achieve financial goals and objectives while supporting those employees who wish to move into retirement.
Section 37-9 The Eligibility Group:
The eligibility group is the set of individuals who will be offered the opportunity to participate in the ERIP.
Section 37-10 Eligibility Requirements:
A. Full-time Non-Union employees who: (i) have at least 20 years of credited service in the New York State Employees Retirement System (the NYSERS”) as of March 15, 2011; (ii) are eligible for and actually retire and vest into the NYSERS on or before May 26, 2011; (iii) are at least 55 years of age at the time they retire into the NYSERS; (iv) are employed by the Town on the day before the effective date of their retirement; (v) are 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 (vi) are one of the employees to fully comply with all of the terms and conditions set forth in the Incentive. Those employees shall be eligible to participate in this Incentive and shall be referred to as an “Eligible Employee.”
B. The Eligible Employee must deliver to the Supervisor, by no later than May 2, 2011, 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 May 26, 2011.
C. In order for this Incentive to be activated, a minimum number of non-union Eligible Employees, to be determined by the Town in its sole discretion on or about May 2, 2011, must opt for the incentive. In the event the incentive is not activated, any resignation letter tendered by an Eligible Employee will be deemed null and void and the Eligible Employee may continue working in the Town. The Eligible Employee may also elect to resign his/her position for retirement purposes, but will not receive the Incentive.
D. This Incentive is effective solely for the 2011 calendar year.
E. The Eligible Employee must, at the time of submitting the unaltered irrevocable letter of resignation for retirement purposes referenced in Section 37-10 (B) above, execute the unaltered Waiver and General Release of Claims form attached to the retirement incentive-related documentation prepared by the Town.
F. 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 2011 calendar year.
G. Additional eligibility requirements are set forth elsewhere in this Agreement.
Section 37-11 BENEFIT:
A. Fully paid health insurance premiums by the Town for a period of 48 months following an Eligible Employee’s retirement for all Eligible Employees who are enrolled in a family health insurance plan at the time of their retirement and who remain enrolled in a family health insurance plan for this 48 month period. In the event an Eligible Employee dies during this 48 month period, the Town shall pay 75% of the cost of health insurance for the deceased Eligible Employee’s dependents, at the time of death, for the remaining months of this 48 month period of time, in accordance with applicable provisions of the New York State Health Insurance Program and applicable law. After the first 48 months, the Town’s contribution of health insurance premiums shall be as per current Town policy and/or contract which established the Eligible Employee’s terms and conditions of employment.
-or-
B. A lump sum payment of $400 per month, payable in quarterly installments, for a period of 48 months following an employee’s retirement for all Eligible Employees who are enrolled in an individual health insurance plan at the time of their retirement, for which the Town contributes 100% of the premium cost, and who remain enrolled in an individual health insurance plan for this 48 month period. In the event an Eligible Employee dies during this 48 month period, the Town shall continue to make these payments to the Eligible Employee’s estate for the remaining months of the 48 month period of time.
C. Eligible Employees shall remain eligible for all payments for unused accumulated leave time pursuant to current Town policy and/or contract which established the Eligible Employee’s terms and conditions of employment. Payment will be made within 30 days following the Eligible Employee’s retirement date, as determined by the NYSERS, for all time which does not exceed an amount of paid time which equates to the value of the full time weeks (to be determined by the Eligible Employee’s regular work week as of the date of retirement) remaining in the calendar year following the Eligible Employee’s retirement. Payments for leave which exceeds the value of full weeks remaining in the calendar year will be paid in January 2012.
D. INAPPLICABILITY OF OTHER CONTRACTUAL INCENTIVES:
Notwithstanding any Town resolution, policy or procedure to the contrary, any Eligible Employee who opts for this Town Incentive shall be deemed ineligible for any resignation or retirement incentive provided for in that resolution, policy or procedure.
E. RATIFICATION AND APPROVAL:
The terms and conditions of this Incentive were ratified and approved by the Town Board on March 15, 2011.
F. 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.
8275-1T 2/17

PUBLIC NOTICE
RIVERHEAD CENTRAL
SCHOOL DISTRICT
700 Osborne Avenue, Riverhead, NY
County of Suffolk, New York
Towns of Riverhead,
Southampton & Brookhaven
Notice is hereby given that the fiscal affairs of Riverhead Central School District for the period beginning on July 1, 2009, and ending on June 30, 2010, have been examined by the Office of the State Comptroller, and that the Report of Examination prepared by the Office of the State Comptroller has been filed in my office where it is available as a public record for inspection by all interested persons. Pursuant to §35 of the General Municipal law, the governing Board of the Riverhead Central School District may, in its discretion, prepare a written response to the Report of Examination prepared by the Office of the State Comptroller, and file any such response in my office as a public record for inspection by all interested persons not later than June 9, 2011.
Respectfully submitted,
Barbara O’Kula
District Clerk
8276-1T 2/17