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HomeMy WebLinkAboutTB-04/17/1984 134 SOUTHOLD TOWN BOARD SPECIAL MEETING APRI L 17, 1984 WORK SESSION Present: Supervisor Francis 'J. Murphy, Councilman Joseph L. Townsend, Jr. , Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman James A. Schondebare, Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker, Superintendent of Highways Raymond C. Dean. 10: 00 A.M. - Ann Dalton of the New York State Commission on Cable Television met with the Board and fully reviewed the franchise proposal for Calbe Television Service in the Town of Southold submitted by Times Mirror Cable Television of Long Island, Inc. The franchise contracts for all the east end towns are written so they will expire at the same time and Times Mirror must deal with all the municipalities as a- group. The reconstruction of lines in•Southold Town is scheduled to take twelve months time 'and will' start in Mattituck .in.month one of the new. contract. Various sections of the proposal - construction standards, service, rates, insurance, surety bond, line extensions, penalties, programming, etc. were all reviewed. It was the decision of the Town Board to hold a public hearing on the franchise proposal on May 8th. 11:29 A.M. - Work Session adjourned. SPECIAL MEETING A Special' Meeting of the Southold Town Board was called to order by Supervisor Francis J. Murphy at 11: 30 A.M. , Tuesday, April 17, .1984, at the Southold Town Hall, Main Road, Southold, New York. Present: . Supervisor Francis •J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Superintendent of Highways Raymond C. Dean SUPERVISOR MURPHY: The first resolution is to set a public 'hearing for . May 8th, 8:00 P.M. (Cable Television franchise proposal:.) Moved by Councilman Townsend, seconded by Councilman Schondebare, it was RESOLVED .that the Town Board .of the Town of Southold will' hold a public ' hearing at 8:00 P.M. , Tuesday, May 8, 1984, at the Southold Town Hall, Main Road,. Southold, New . ork, on the franchise proposal for Cable Television Service in .the Town of Southold as submitted by Times Mirror Cabe Television of Long Island, Inc. SUPERVISOR MURPHY: Any questions. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: The other resolution we put on and it 'was because they would like to do the work. It was at the recommendation of the Highway Committee and the Highway Superintendent that we authorize' the taking up to 150 yards of material, at no charge, from the Landfill. APRIL 17, 1984 135 COUNCILMAN STOUTENBURGH: I'd like to know what it's for. SUPERVISOR MURPHY: It's .to replace the shoulder--. SUPERINTENDENT OF HIGHWAYS DEAN: Well, it isn't exactly--. . SUPERVISOR MURPHY: Why don't we do the resolution first, Paul, and get a second and then we'll .discuss it. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold, upon the recommendation of the Highway Committee and Superintendent of Highways Dean, hereby author-izes Eugene Drumm, on behalf of Robert Webb, to take a maximum of 150 yards of fill from the Landfill'Site, Cutchogue, to fill' a portion of Mr. Webb's property on Henrys Lane, Peconic; New York. SUPERVISOR MURPHY: On the question, now. COUNCILMAN TOWNSEND: By way of explanation. The issue was the Highway Committee and Ray and* Davis went up to look at this 'thing. We made certain recommendations that they put certain pipe and .so forth. They came back with another idea, which 1 gather was approved, another idea that was approved and then they went ahead and finished off the road and we retired the bond based on that. SUPERINTENDENT OF' HIGHWAYS DEAN: Right. COUNCILMAN TOWNSEND: Apparently the guy that is building up there, Mr. Drumm, had some problems with the property. He relates the problems. to the modifications we made with that agreement .from our original recommendations. Going up there and looking at it,' I mean, his problems don't relate the problems that we may--we may have contributed to some softness in the shoulder, that's the only thing that I could conceive of happening, .but he's talking about a lake that's fully fifty feet off the road and below the level of the road grade. COUNCILMAN STOUTENBURGH: Which has always been there. COUNCILMAN TOWNSEND: Which has been there--well, he may have created some more problems by building up behind it. SUPERINTENDENT OF HIGHWAYS. DEAN: Oh, I know it's .been there. COUNCILMAN TOWNSEND: But, we did definitely contribute to a softness in the shoulder--well, not definitely, bit 'it's possible we contributed to the softness of the shoulder, it's .possible: if we went to court they might get something anyway. A hundred and fifty yards of sand is not a significant thing if can solve the problem that way, let's go ahead and do it.' If he wants any more, well then he's going to have to do something else. He's going to have to take us to court. COUNCILMAN STOUTENBURGH: Is this going on Town property? SUPERINTENDENT OF HIGHWAYS DEAN: No, no. What happened, as Joe says, this 'water--you know, the little pond that was back there, what he's doing now, that water is encroaching on our shoulder. I figure if just for our sake, let's put a hundred and fifty yards alongside that shoulder there, on his property; oh, yes. I guess it will' be a little bit of each, Paul, really, but it would stop that water from--and he's going to fill it in anyway--so it would stop it. He's going to have to put a thousand more in there. anyway. COUNCILMAN TOWNSEND: Yes, he's going to have to put a lot more in if he wants to get rid'of that lake that he's created up there. But that's not our concern. Our concern isthat he's going to do some work to firm up that shoulder and in return for that, no matter where he puts sand, he's getting that. That's why we recommended it. SUPERVISOR MURPHY: I spoke to him. I told him' the recommendations of the Committee and he said well, he's doing the work now, could he get it right now? I said he cannot take it out of the Landfill until we have a resolution. That's why we put it on todays meeting. COUNCILMAN TOWNSEND: I thought we were going to get it on the last one, but we didn't. COUNCILMAN STOUTENBURGH: So he's carting it. 136 APRIL 17, 1984 SUPERINTENDENT OF HIGHWAYS DEAN: Oh, yes. SUPERVISOR MURPHY: Yes, at no expense to the Town, except for the material. We're authorizing him to take up to 150 yards. Rodney will be notified. Okay, any other questions on it? (No response.) Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: I would to sign Dave Emilita's---- COUNCILMAN STOUTENBURGH: Oh, excuse me. In the resolution are you going to tell anything about reason why so in the future--is that necessary? TOWN CLERK TERRY: It's all on the record now. SUPERVISOR MURPHY: It's part of the record already. TOWN CLERK TERRY: All this discussion you've just had. SUPERVISOR MURPHY: This will' be part of it, Paul. COUNCILMAN SCHONDEBARE: I guess if someone questions the resolution they are directed to go back and read the minutes. SUPERVISOR MURPHY: Okay, you all have the latest copy of the one that was approved and I'm authorized to sign (planning consultant constract) . would like to sign it. If I don't hear from any member of the Town Board with any objections by tomorrow night, as to the way this 'is written, I would like to sign it on Thursday or Friday, whenever I can see Dave Emilita. His firm has signed it. It's up to Bob and I to sign. COUNCILMAN STOUTENBURGH: I'm concerned about it there's something comes up then it gets stalled. SUPERVISOR MURPHY: Then I won't sign it.' If you have an objection, tell me what it is-- COUNCILMAN STOUTENBURGH: But the point is, can't we somehow not have this stalled for another couple of weeks. We need this man desperately. COUNCILMAN TOWNSEND: Well, I think it's important to review it 'and if there's .any problem, we have the Tuesday meeting coming up, and it can be approved on that date, because I think if you correct it by Tuesday, and if there's a problem it could---. . COUNCILMAN .STOUTENBURGH: That is 'another week. COUNCILMAN TOWNSEND: Well, we're talking four days. From Thursday to Tuesday.- If there's no problem you can go ahead and do it Thursday. If there's a problem---. COUNCILMAN STOUTENBURGH: I concerned why can't we do it right now? That's what I'm. saying. - COUNCILMAN SCHONDEBARE: Because we just got the contract in our hands. haven't even read it. COUNCILMAN STOUTENBURGH: I realize you just got the contract and I just spoke to the lawyer and he told me three things that were changed in it.' Now those are the only three things I'd ,have to be concerned about. SUPERVISOR MURPHY: But, give everybody a chance to read it. And besides that, we don't have the room for him to be working here. That is 'the most important thing. COUNCILMAN STOUTENBURGH: Maybe that's more important than anything. That throws a road block in front of it. COUNCILMAN TOWNSEND: I hear some construction going on. Are they doing it now? SUPERVISOR MURPHY: They're starting. They're moving the toilets before we break the wall out. Okay, that is the end of the prepared agenda. would like a motion to adjourn. APRIL 17, 1984 137 Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that this Special Town Board Meeting be and hereby isadjourned at 11:39 P.M. COUNCILMAN TOWNSEND: I would like to discuss--stay for a minute or two after this just to discuss an issue that I've been made aware of. SUPERVISOR MURPHY: Do it right 'now, because I would like to take one minute of a closed session. COUNCILMAN TOWNSEND: What is .your closed session about? SUPERVISOR MURPHY: On a piece of property. COUNCILMAN TOWNSEND: Oh, okay. What I'm talking about is something I've been made aware. You're not approving vouchers for Mr. Tasker's secretary and office expenses? SUPERVISOR MURPHY: No. COUNCILMAN STOUTENBURGH: Something I was made aware of, which has nothing to do with this; and makes it a little lighter and easier to cope with-= what about real estate signs on properties? We're getting to be like the west end. SUPERINTENDENT OF HIGHWAYS DEAN: It looks awful, Paul.: Now they're putting three on every property. COUNCILMAN STOUTENBURGH: Four. Four on one piece of .property, right on the Main Road here. COUNCILMAN SCHONDEBARE: Is that the old house over here on the left hand side? COUNCILMAN STOUTENBURGH: No, it's just past Nellie Richmonds little store. SUPERINTENDENT OF HIGHWAYS DEAN: We've got one up here now, across from DeFriest. COUNCILMAN TOWNSEND: We might have to change the zoning on that'. TOWN ATTORNEY TASKER: I don't know whether it complies. COUNCILMAN STOUTENBURGH: I think it was only one that was supposed to have a sign. TOWN ATTORNEY TASKER: I think so. COUNCILMAN STOUTENBURGH: Isn't that what it 'is, Bob? TOWN ATTORNEY TASKER: I believe so. COUNCILMAN TOWNSEND: So we'll .just have to enforce it. SUPERINTENDENT OF HIGHWAYS DEAN: You know another thing they're doing now? Now after I sell my-- . COUNCILMAN STOUTENBURGH: They put a "sold" thing on and leave it for six'months. SUPERINTENDENT OF HIGHWAYS DEAN: I sell Paul's property and. then I put my big sign out there "sold". COUNCILMAN STOUTENBURGH: Yeah, free advertisement for John Jones Real Estate. SUPERINTENDENT OF HIGHWAYS DEAN: It looks like hell, because everybody rides by ;and says, what's going on, everybody's selling everything in Town. COUNCILMAN TOWNSEND: We need the signs to tell somebody the property's sold. COUNCILMAN STOUTENBURGH: It's the advertisement for them. That's what they're taking advantage of. 138 APRIL 17 , 1984 COUNCILMAN SCHONDEBARE: "I sold this piece of property. I can sell yours too." COUNCILMAN STOUTENBURGH: Yeah, absolutely. COUNCILMAN TOWNSEND: A "sold" sign might be up there for two days to notify the public that they can't bid on it anymore. COUNCILMAN STOUTENBURGH: That I could say, that would be legal--within a week or something like that, but you see them there for crying out loud, for six months they're still on there. SUPERINTENDENT OF HIGHWAYS DEAN: We're getting flooded this year with signs. COUNCILMAN STOUTENBURGH: Bob, would you check on that for us? TOWN ATTORNEY TASKER: Sure. That would be an enforcing problem, Paul. SUPERVISOR MURPHY: Back in December 21st, 1981 we received a report from the Comptroller on the audit,' stating that "during the year ended December 31st, 1980, the Town Attorney received payments totalling $15,000. 00, the amount provided in the budget to cover his secretarial and office expenses. The vouchers submitted by the Attorney for these payments were not itemized, nor were they supported by receipted bills or other documentation of the actual expense incurred. There is no authority for a Town Attorney to receive a lump-sum amount to spend for secretarial and office expenses in his discretion. A Town may only reimburse an officer or employee for actual and necessary expenses incurred in executing the duties of his office or position. Such claims should not be paid unless sub- mitted to the Town Board on an itemized voucher, sufficiently supported to allow proper audit thereof." COUNCILMAN SCHONDEBARE: What year was that now? SUPERVISOR MURPHY: December 1981. 1 spoke to Bob then in January of this year and told him about this and that we wouldn't. . The auditor that's working for the Town now, doing the Town records, gave his opinion: "During the year ended December 31st, 1983, the Town Attorney received four quarterly payments of $4500. 00 each for his secretarial and office expense, attributed to Town related services. Although various categories of expenses were listed on vouchers sub- mitted by the Attorney, dollar figures for each expense were not indicated. Further- more, vouchers were not supported by receipted bills or other documentation of actual expense allowed. There is no authority for a Town Attorney to receive a lump sum amount to spend for secretarial and office expense at his discretion. A Town may only reimburse an officer or employee for actual and necessary expenses incurred in ,executing the duties of his office or position. Such claims should not be paid unless submitted to the Town Board on an itemized voucher, sufficiently supported to allow proper audit thereof." Now, I received this voucher, which I had spoken to Bob about previously-- TOWN ATTORNEY TASKER: When did you speak to me? SUPERVISOR MURPHY: In January. TOWN ATTORNEY TASKER: No you didn't. SUPERVISOR MURPHY: Sure, I told you I-- TOWN ATTORNEY TASKER: You said you were going to write to the Comptroller. SUPERVISOR MURPHY: Yes, on the opinion on this. We still have yet to receive an answer from the Comptroller. COUNCILMAN SCHONDEBARE: This is what we've been arguing about since day one. You were going to check out the billing. Right, and from the Comptrollers Office. And you never got an answer? SUPERVISOR MURPHY: Not an answer yet, no. COUNCILMAN SCHONDEBARE: So what are you basing it 'on, this auditor's little-- SUPERVISOR MURPHY: Sure. COUNCILMAN SCHONDEBARE: --sheet of paper? SUPERVISOR MURPHY: And the audit from 1981. APRIL 17, 1984 , 3 9 SUPERVISOR MURPHY: They were approved, TOWN ATTORNEY TASKER: They've been approved--can I have a voice here? This procedure of reimbursing me for my expenses attributable to Town work has been going on now for at least twelve years. As a matter of fact, there is an opinion that Mr. Pell wrote for, which I guess you are aware of, which does not say what this one says, and this is an official opinion from the Comptroller's Office, and here it is. Now, we get down to a ver_.y, simple thing: My expenses for the performance of Town work, the secretarial, teolephone, office, the whole gamit; amounts to about $33,000.00 per year. This my total office expense. calculate that about 75% of my time is spent on Town work. I put in a voucher for $18,000.00, and that's the amount that it 'has been for the last three years. There has never been any question, and it has been paid. Now, if you take the other view, what you're expecting me to do is to act as your Town Attorney for $12,000. 00 a year, because I have to pay all of my expenses. You don't pay your secretaries, you don't pay for your phone bills, even the Councilmen get their 'phones for nothing through a credit card. They get transportation, they get all of the necessary expenses for the performance of their duties. I'm the only one who doesn't. Now, this matter was brought before the Town Board years ago and they approved it and that has been the course that has been followed for years. SUPERVISOR MURPHY: Bob, I have no objection to paying expenses for the Town. Attorney. I have asbolutely none. TOWN ATTORNEY TASKER:. If they wish verification, what do you want -me to do, send you copies of every single check that I paid'my. secretary? SUPERVISOR MURPHY: This 'voucher certainly wouldn't document it; that you would have the exact same, and this is 'what I mentioned to you, that you have the exact same figure on for each percentage for each item for the last .three years. - : -- TOWN ATTORNEY TASKER: What I do is=- SUPERVISOR MURPHY: Now, I have no objection how you show--g,ive it 'to us. I don't think this 'is 'proper. TOWN ,ATTORNEY TASKER: Well, from the.standpoint .of if 'l use 75% percent of my time and there are opinions of the State Comptroller saying that the Town Board can agree with an employee on a lump sum basis; -for the payment of, for instance, the Justice's secretary. It doesn't have to be itemized, they agree that approximately so much time will' be spent, and for that the person will: be paid' so much. Now, this 'has been going on--I disagree with this man's opinion, because I've got four opinions already from the State Comptroller, that hold to the contrary. SUPERVISOR MURPHY: But why--we have an audit-'- TOWN ATTORNEY TASKER: Now, the only other thing if 'you want to do it another way, take the eighteen and add it to my salary and then forget all . of the apportionments. Then I take the salary and pay all of my expenses. SUPERVISOR MURPHY: I don't care how the Board does it.' I'm not saying that. I'm saying that I don't think I. have the authority, right now, to pay that voucher. TOWN ATTORNEY TASKER: Previous ones have and if 'you read the Pell opinion, it 'indicates- SUPERVISOR MURPHY: 1 don't know what you're talking about, the Pell opinion. TOWN ATTORNEY .TASKER: Mr. Pell asked the Comptroller for an opinion in' .1980 on the very same question and, let's see, "However, if there was an understanding that these expenses would be reimbursed," this 'is talking about me now, "--and if such understanding was not formalized into a resolution, perhaps through oversight, then in'our opinion, the Town Board now could, if 'it 'so desires, adopt a resolution ratifying the incurring of the expense. As a general rule, whatever acts the public officials may do, or authorize' to be done in the first instance, may subsequently be adopted and ratified by them with the same effect as though properly done under previous authority. If the Board has already audited and approved the vouchers, it would certainly evidence an intent :that the expenses were authorized and ratification would seem especially appropriate." Now, this is what the Comptroller said-- SUPERVISOR MURPHY: I agree with that part, but did the Board make any rhannP fmir vaarc nnn? APRIL 17 , 1984 140 TOWN ATTORNEY TASKER: Did they make any change? No. It's been going the same way. SUPERVISOR MURPHY: Don't they say to make a change? TOWN ATTORNEY TASKER: No. SUPERVISOR MURPHY: Didn't they advise us to make a change here? COUNCILMAN SCHONDEBARE: It just said we've been ratifying it, and you've been ratifying it 'as a Town Board member. TOWN ATTORNEY TASKER: You've been putting it 'in' the budget, by me submitting the vouchers, by the Town Board approving the vouchers you've ratified. SUPERVISOR MURPHY: 1 have no objection. I don't think we could pay it this 'way, Bob. And I think they said' in' there that we're supposed to change the way we're doing it.` That the way we're doing it is wrong. TOWN ATTORNEY TASKER: They didn't say it 'in here. SUPERVISOR MURPHY: I thought I just heard it when you read it. TOWN ATTORNEY TASKER: No, no. COUNCILMAN STOUTENBURGH: Read it 'again. TOWN ATTORNEY TASKER: "--the Supervisor will ' not pay claims submitted by the Town Attorney for reimbursement expenses. for secretarial' services unless such expenses, when incurred by authority of the Town Board and the claims have been audited and approved by the Town Board. We note that normally a prior resolution'of the Town Board is 'necessary to authorize the incurring of such expenses, however, if there was _an understanding that these expenses would be reimbursed,. and if the understanding was not formalized into a resolution, perhaps through oversight, then in our opinion, the Town Board now could, if it 'so desires, adopt a resolution ratifying the incurring of the expenses." SUPERVISOR MURPHY: Now, doesn't that say we should do this? TOWN ATTORNEY TASKER: "As a general rule, whatever acts public officials may do, or authorize to be done in the first instance, may subsequently be adopted or ratified by them with the same effect as though properly done under previous authority. If the Board has already audited and approved the vouchers, it would certainly evidence an intent that the expenses were authorized and ratification would seem especially appropriate." Now, I think that covers it. COUNCILMAN STOUTENBURGH: The problem is ithasn't had a ratification. SUPERVISOR MURPHY: I don't think we changed it from four years ago, and why haven't we changed it 'to do it the property way? The way we're doing it is 'wrong. TOWN ATTORNEY TASKER: I don't think so. 1 disagree with you. SUPERVISOR MURPHY: Well, they say you can't do it=-. . TOWN ATTORNEY TASKER: But a course of conduct whereby--why would .you put the money in the budget? COUNCILMAN SCHONDEBARE: You've done it for four years. SUPERVISOR MURPHY: I. know it's been done for four years, Jay. It's been criticized in'two audits, and it's been.:criticized the way it's been done. It's been said in'this letter here that Bob just read twice that itshould be changed. TOWN ATTORNEY TASKER: No, he said adopt a ratifying resolution. COUNCILMAN TOWNSEND: Ratify. It says it 'should be ratified. COUNCILMAN SCHONDEBARE: It should be ratified is what it 'says. COUNCILMAN TOWNSEND: Which I gather you'd be willing to do. COUNCILMAN SCHONDEBARE: Ratify. It means you're approving what it is, you've already done. APRIL 17, 1984 , 4 , COUNCILMAN STOUTENBURGH: That''s a change. You're ratifying approving the acts for the change of system. COUNCILMAN SCHONDEBARE: Fine, let's have a resolution and we'll ratify what we've been doing for the last four years. What you've been doing for the last,four years. SUPERVISOR MURPHY: Previous. I think you have an obligation to, when the Comptroller comes in'and tells the procedure we're doing is 'wrong. COUNCILMAN SCHONDEBARE: The Comptroller? You mean an auditor. That's not a Comptroller. TOWN ATTORNEY TASKER: Okay, adopt a ratifying resolution. SUPERVISOR MURPHY: I think Bob agrees that--is the auditor correct in his statement? TOWN ATTORNEY TASKER: No. This is the opinion. You're talking about a field man that's doing an audit. SUPERVISOR MURPHY: No, I'm talking about the audit 'that came back from the Comptroller's Office. TOWN ATTORNEY TASKER: Which is 'a field man. SUPERVISOR MURPHY: I would certainly think that's official. TOWN ATTORNEY TASKER: This is a formal opinion from the Comtrpller. COUNCILMAN SCHONDEBARE: All right, let's .pass a resolution ratifying what the Town Board's .been doing for the last four years, otherwise what you've been doing for the last four years you're saying is wrong, and you were on the Board. So 11m. willing to help you out of this mess. SUPERVISOR MURPHY: That's nice, very kind of you, very kind of you.. COUNCILMAN SCHONDEBARE: You've been doing it, Frank, for four years. Now all of a sudden-- SUPERVISOR MURPHY: I know, I know, and I'm saying it 'was wrong back then. COUNCILMAN SCHONDEBARE: Then you should have changed it when you found out about it four years ago. SUPERVISOR MURPHY: It's .not change, it's - not changed. . L-,would like to change it right now is what I'm. saying, so 'that we're doing it. right. So that we will not get order to come up. Now, the man is not auditing my books. He's auditing 1983's books. All .right, I don't want this 'in 1984's books that we still" haven't corrected what was told to be corrected in 81 and before. COUNCILMAN TOWNSEND: All right, I'd like to make a resolution pursuant to that. SUPERVISOR MURPHY: We can't do it now. It will have to be done on Tuesday. TOWN ATTORNEY TASKER: Why? Look, Frank, this whole thing-- . SUPERVISOR MURPHY: All right, I have no--you tell us if we can do it,' Bob. TOWN ATTORNEY TASKER: Just let me tell you something. This 'course of action has been going on for years, naturally. April 15th is tax time. I have been relying on this '$4500 to pay my taxes. I can't pay my taxes, so I don't think--and I never found out about this until Monday morning when I called Joan Richter, who wasn't in; I was. connected to Mary, and she says, "Let me check into it.'" The next thing you come on the phone. That's the first time that I hear about it. My returns are already filed. Now, then you say, "Can't we work this 'out. Let's .get together. I'll come down and see you." I said; "Okay, how about coming-- . SUPERVISOR MURPHY: No, I said' l would bring the papers down to you. TOWN ATTORNEY TASKER: And I said, "How about one o'clock?". And you said, "Fine, I see you." SUPERVISOR MURPHY: And I had--and I was still--we went down to a ten o'clock meeting down in Greenport, and I said I'd bring them down to you 142 APRIL 17, 1984 then. You said you weren't in your office, you wouldn't be back until after one. I said, "I'll try to get the papers down to you." And I thought they went out last night and they were on my desk. TOWN ATTORNEY TASKER: go 1 waited down there until quarter of two and called your office and your secretary says, "Well, I'll give him the message." So for the rest of the day I never heard a word and I don't really think that's decent treatment. SUPERVISOR MURPHY: I'm very sorry, I wasn't back. TOWN ATTORNEY TASKER: Not even a word. You knew I called. And I know you've been here. SUPERVISOR MURPHY: Yeah, I know I was. TOWN ATTORNEY TASKER: And then I have to find it out secondhand. You know, if this matter could been brought up at the time--- SUPERVISOR MURPHY: I have no objection to putting it on. Now, I'm told can't put a resolution- on unless it's advertised for a Special Meeting. Now, if you tell me that we .can-- COUNCILMAN SCHONDEBARE: We don't need a resolution. You've been paying this bill' all these years, so pay this one too and then later on we do a resolution, if you'd like. Pay this one like you paid the last four year's worth of bills. SUPERVISOR MURPHY: I have no objection to paying for Bob's expenses. I'm not saying that at all. I'm talking about can you do it now? TOWN ATTORNEY TASKER: You have been doing it for twelve years. COUNCILMAN SCHONDEBARE: What have you been doing for four years, obviously. COUNCILMAN STOUTENBURGH: You're talking about two different things here. One's saying we're paying the bills, the other's saying we can have a resolution. Now, which are we talking about? TOWN ATTORNEY TASKER: I think you should have both. COUNCILMAN SCHONDEBARE: I think you should have both. You can pay his bill now and then have your resolution at a later date. TOWN ATTORNEY TASKER: You've got the whole Board here, you can execute a waiver. You've done this 'many times. SUPERVISOR MURPHY: Can we authorize to pay the bill now and .have the resolution for .next Tuesday's meeting? COUNCILMAN SCHONDEBARE: Sure, you authorize to pay the bill. SUPERVISOR MURPHY: Would anybody have any objection to doing it that way? (Town Board all said they would have no objection.) COUNCILMAN SCHONDEBARE: All right. -You're going to pay his bill and then-- SUPERVISOR MURPHY: We'll authorize the .audit as part of the meeting-- authorize the audit=- COUNCILMAN SCHONDEBARE: Like you've always done for four years--you're going to pay his bill, and then later on--. SUPERVISOR MURPHY: Forget four years. Authorize payment of this bill and there will be a resolution on next Tuesday's meeting, because I understand, legally, we can't put a resolution on today's .meeting. Without the notice. TOWN ATTORNEY TASKER: Then execute a waiver of notice. SUPERVISOR MURPHY: All right, we have everybody here. COUNCILMAN SCHONDEBARE: Sure, we can do it that way. TOWN CLERK TERRY: Do you want me to get a waiver? What do you want to do? TOWN ATTORNEY TASKER: You've got to have a waiver to approve the payment anyway, if that's .what you're going to do. APRIL 17, 1984 143 COUNCILMAN TOWNSEND: All right, so let's do both things. SUPERVISOR MURPHY: We need the resolution authorizing the change in procedure. COUNCILMAN TOWNSEND: Ratifying the procedure. COUNCILMAN SCHONDEBARE: Ratifying the prior procedure. SUPERVISOR MURPHY: And Tuesday let's put the resolution on ratifying the procedure. TOWN CLERK TERRY: If you are going to pay the bill, you need the waiver. SUPERVISOR MURPHY: You need the waiver to pay the bill? TOWN CLERK TERRY: Yes, because it wasn't announced as being part" of this Special Meeting. SUPERVISOR MURPHY: Okay. COUNCILMAN SCHONDEBARE: We need a waiver. It wasn't in the notice that we got to do this meeting. SUPERVISOR MURPHY: That's .what I was saying. TOWN ATTORNEY TASKER: Also, I don't know whether my reimbursement for the.Association of Towns was pulled also? SUPERVISOR MURPHY: I don't believe so. TOWN ATTORNEY TASKER: That never, came in either. COUNCILMAN SCHONDEBARE: Why didn't .you get paid for that? I got paid mine.: Did we audit 'it last Tuesday? TOWN ATTORNEY TASKER: It was in for the audit, it was supposed to be in'. COUNCILMAN SCHONDEBARE: It should have been paid already. 1 got mine paid already. SUPERVISOR MURPHY: I don't know why it wasn't.. COUNCILMAN STOUTENBURGH: I didn't see it. SUPERVISOR MURPHY: I didn't see it. Check with Mary. TOWN ATTORNEY TASKER: All right. 1'll.,get a resolution on Tuesday. SUPERVISOR MURPHY: I'll sign you a check right now. (The Town Board executed a Waiver of Notice of Town Board Meeting to be held at 11: 30 A.M. , April '17, 1984.) SUPERVISOR MURPHY: You'll draw up this 'resolution, Bob, changing our procedure, right? TOWN ATTORNEY TASKER: Sure. COUNCILMAN SCHONDEBARE: Are we changing our procedure as a resolution, or ratification of the procedure? Which is it? SUPERVISOR MURPHY: Ratification of the procedure. COUNCILMAN SCHONDEBARE: Ratification of the procedure. Okay. SUPERVISOR MURPHY: I hope you understand my position. TOWN ATTORNEY TASKER: I just feel that I should have been notified about what was going on, because as I understand it, the order was given to pull it whenever it came in, sometime ago. COUNCILMAN SCHONDEBARE: Yes, we should have cleared up the problem a long time ago. TOWN ATTORNEY TASKER: And then you find out about it on the 16th of April when you're filing your return. That doesn't seem right. gIIPFR\/IgnP IUIIRPHY: Okay. anvthina Plse? 1 4 n APRIL 17, 1984 COUNCILMAN TOWNSEND: That's it as far as I'm concerned. COUNCILMAN STOUTENBURGH: Are you going to have an Executive Meeting? SUPERVISOR MURPHY: Yes, I would like one minute of your time before we all go. Would the press please leave. TOWN CLERK TERRY: Do you want to vote on this resolution first? SUPERVISOR MURPHY: Wait 'a second, let's vote--we need a resolution to approve the payment of the bill submitted. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was _ RESOLVED that the Town Board of the Town of Southold hereby approves the payment of the voucher in the amount of $4,500.00 for office expenses incurred on behalf of the Town of Southold by Town Attorney Tasker for the months of January, February and March 1984. SUPERVISOR MURPHY: Any other questions on it? (No response.) Vote of the Town Board-: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: . : I'd .Nike to now offer a resolution to close this Special Meeting. COUNCILMAN STOUTENBURGH: Second. TOWN CLERK TERRY: There has been a resolution some time back,offered by Councilman Schondebare and seconded by Justice Edwards, to adjourn, but it was never voted upon. Do you want to vote on that resolution now? Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that this Special Town Board Meeting be adjourned at 11:59 A.M. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. EXECUTIVE SESSION 12 Noon - The Board discussed the possible purchase of property by the Town, and obtain an appraisal of the property. 12: 10 P.M. . - Executive Session adjourned. Judith T.. Terry Southold Town Clerk