Airport

Set Panel And Appeal

Supervisor Cathy Lester and her Democratic allies on the East Hampton Town Board voted Tuesday to appeal a State Supreme Court ruling ordering her to sign a construction contract for work on East Hampton Airport's main runway.

The decision followed the announcement, during a State of the Town address on Friday, that she would create a "blue ribbon commission" to look into the runway's reconstruction and other projects associated with the 1994 Airport Layout Plan.

Ms. Lester will give the commission 30 to 40 days to examine immediate safety needs at the airport and come up with suggestions for easing the impact of the proposed projects.

"In the long term we will look at ways to limit airport growth and limit the impact to East Hampton Town residents," she said.

Time To Breathe

"The main thing about the appeal is it will give us some time to breathe," the Supervisor said Tuesday. The town's special counsel, Gary Weintraub, has 35 days to file a formal notice of appeal and as long as nine months after that to perfect it.

"We wouldn't have an appellate decision before the end of the year," he said Tuesday afternoon.

The Supervisor also plans to ask the Federal Aviation Administration to extend, rather than cancel, a $2.7 million grant for the runway work until March, while the commission works on its recommendations. Jim Peters, a representative of the F.A.A., confirmed yesterday that the grant would be held for the next several months.

"Certainly we will accede to her requests," he said, adding that the F.A.A. was prepared to work with the Supervisor and new Democratic Town Board majority.

Wants Mitigation

"I simply did not have the flexibility in 1997 [to do] what I wanted to do to resolve this issue. I don't want the personality of the individual special interests involved. I want solid answers, solid mitigation measures," the Supervisor said this week.

Ms. Lester will present the names of potential commission members to the rest of the Town Board on Tuesday. "I'm not going to drag my feet on it," she vowed this week.

Although she would not confirm whether her recommendations would include representatives of the most vocal pro-airport group, the East Hampton Aviation Association, she said they would include the "pro and the con" - pilots, residents of affected areas, members of the Committee to Stop Airport Expansion, and members of the Town Airport Advisory Committee.

She also plans to ask the Mayors of East Hampton and Sag Harbor Villages, both of whom have opposed a "wider" runway, to participate.

"Needs Fixing"

"What sort of recommendation does she expect?" asked Mary O'Connor of the Aviation Association. The association has continued to pressure the Supervisor to set the runway reconstruction in motion.

Ms. O'Connor said she hoped the commission included pilots, "some of the people whose livelihood depends on the airport," as well as members of the association, of which her father, Thomas P. Lavinio, is president. Mr. Lavinio has asked to be on the panel.

"Our concern is that it not be politicized - unfortunately it has been - and that we get on with the thing," Mr. Lavinio said yesterday. "That runway needs fixing and it does need fixing back to its original dimensions."

"If she plans to sign the contract pending the recommendations of the panel it seems a little bit extraneous to do at the same time an appeal at the taxpayers' expense. . . . It's wasteful of taxpayers' money to continue the lawsuit," Ms. O'Connor added.

Councilman Len Bernard's comments mirrored Ms. O'Connor's. "It's costing us money to appeal. . . . There's no practical reason for an appeal," he said. He did not vote on the resolution to appeal the State Supreme Court decision, saying he wanted to see Mr. Weintraub's comments in writing. Councilwoman Pat Mansir opposed the resolution.

Mr. Weintraub said Tuesday that the appeal would be based on questions about financing.

Open Meetings

His defense claimed the budget note approved to fund the town's portion of the project did not comply with the law and was ineffective. State Supreme Court Justice Donald Kitson ruled that the project was properly financed.

"I think the judge is wrong," Mr. Weintraub said Tuesday. "The funding aspect is the most cogent and forceful argument the town would have," he said. "Unless you cross your Ts and dot your Is, you can't spend the people's money."

The commission is expected to meet on a weekly basis and to hold its discussions in public.