By Dagmar Fors Karppi
The Village of Oyster Bay Cove meeting on March 25 ended with a cliffhanger. Trustee George O'Neill sent a letter to the members of the village board and asked in the first paragraph that it be read aloud at the meeting. Trustee Peter Schiff attempted to do just that as the time for public comments began, but was stopped by Mayor Michael Peragine asking Village Attorney Larry Cregan if there were a potential of litigation if it was read.
In the end it was decided that residents would have to wait for April 13, when the board holds a hearing on the budget, to hear Mr. O'Neill read his letter aloud.
At the meeting at the East Woods School trustee Richard Appell said he didn't want to have it read when Mr. O'Neill was not present. Attending were Trustees Appell, Schiff and Tom Fitzsimmons; Mayor Michael Peragine; Village Attorney Larry Cregan; Village Clerk Donna Harris and Village Engineer Joe Heaney.
Mr. O'Neill was on a long planned family vacation in Florida. Had the March 16 meeting been held, he would have been present. That meeting was canceled because the East Woods School was closed. The village attorney said since there were several public hearings involved, including the proposed budget hearing, they needed 10 days to notify the public of the change. The next meeting was originally scheduled for March 30, but was changed to March 25, nine days after the March 16 meeting.
Mr. Schiff said the letter revealed that Mr. O'Neill was not pleased with the Cove Neck police contract issue and that he thought they should apologize to Cove Neck Mayor Tom Zoller for the village's behavior in respect to their village. "He's extremely concerned about what has happened," Mr. Schiff said. The first paragraph of the letter asked that it be read aloud. All of the board members had a copy of the letter in their packets.
Trustee Tom Fitzsimmons said there were a lot of presumptions in the letter. "It's his opinion."
Resident Scott Greenfield said, "You don't have the guts to read it. He wants it read." He asked for a board vote. Mayor Peragine, Tom Fitzsimmons, and Richard Appell were opposed to having the letter read, which left only Mr. Schiff wanting it read.
Resident James Glass suggested it be read at the April 13 meeting when George O'Neill would be present.
Mr. Greenfield said that was the "dopiest thing," he had heard.
Mr. Greenfield said he was acting as a resident, just as the mayor did before he took office. Mayor Peragine said he was out of order and would be thrown out if he did it again.
Theresa Skvarla said it was timely to address the letter now.
Mayor Peragine said it's about an issue that is still evolving.
It has been reported in this newspaper as an ongoing story: the Village of Cove Neck decided not to contract with OBC for police service but have accepted the offer of NCPD. Their contract has to be okayed by the NC attorney, county executive and then legislature. Mayor Peragine sent Mayor Tom Zoller a letter which included a bill for $51,216: $27,316 for police services through May 31 and the $23,900 contribution to former Police Chief Lambertson's retirement payout."
(Mayor Zoller contends they do not have to pay toward that payout.) Mayor Peragine said in his letter that if the bill wasn't paid by March 30, they would terminate their police services. He said NC told him they would take over those duties.
At the meeting Trustee Appell said, "The letter is George's opinion. It makes comments about the mayor and the board itself."
Camile Hansen said, they were focusing on the wrong issue and resorting to name calling. "There is an issue about the Cove Police. I don't think it's our business what Cove Neck does. Congratulations and good luck to them. How does it affect us? Was there a contingency if their agreement falls apart?"
Mayor Peragine said "Our budget didn't raise taxes without revenue from Cove Neck. We have a strong police force," he assured residents.
Attorney Cregan said Mr. O'Neill had to be there when the letter was read to explain and clarify it.
The Mayor agreed, saying "We don't want the letter read when he can't speak." He said the issue has gotten a lot of press. People are saying they don't want to live there. He said he wanted to focus on what is best for the village - "Where everyone wants to live."
"So no more Newsday articles?" said Rosemary Bourne. (The mayor had been interviewed by Newsday in relation to the Cove Neck police contract with the village. Critics say he contacted the newspaper.)
Theresa Skvarla suggested "We're all here - just read the letter. People are more apt to think something worse - if you don't read the letter." For a moment, it looked as if the board might read the letter.
Charles Meyer asked for the village attorney to comment on the issue, since the word "litigate" was being used in relation to the letter. He asked if he would see if it was appropriate, ethical and legal - since there was such reticence and other posturings involved.
Richard Appell said "This letter can put the village in a bad way for litigation." Not reading it also made the potential for skillful negotiations better for the village, he added.
Mr. Meyer said "Skip the politics."
Mr. Cregan said he expressed his reservation of the content of the letter and impending litigation and they may be involved in litigation as to the police contact and added he didn't like Mr. O'Neill's conclusions - without specifics on how he reached his conclusions.
It could be harmful if in impending litigation - to have to rebut a trustee's statements, he said.
Resident Tom DePhilippe said, "I know the board's interests are for Oyster Bay Cove, so you have to vote for the best interests of Oyster Bay Cove."
"We are doing that," said Mayor Peragine. "Our conclusion is not to read the letter on advice of counsel."
Ms. Skvarla asked how he envisioned the police working without Cove Neck. The mayor said with a smaller coverage area - it could only get better. There are now 10 members of the force.
The police chief said one part-time policeman retired in December so that $35,000 wasn't in the budget.
Rosemary Bourne said, "So the loss of $250,000 (from Cove Neck) didn't affect the budget. That indicates it was gravy, as the county describes it now."
The mayor said the funds the police department needs are in the budget. "You have one of the best police departments," he said.
Ms. Bourne said for the last 30 years her family has lived in Oyster Bay Cove, she agreed - "They are terrific, no question."
Mayor Michael Peragine was pleased to be able to say, in a telephone interview on Monday, March 22, that the Oyster Bay Cove Village budget was completed in time and there is no tax increase.
The mayor said they did it - in spite of the loss of the Cove Neck Police Contract - "We had a few big things going for us!"
He said they have been active with issues surrounding the Syosset Fire Department and they lowered the rates 20 percent and the village saved $10,000 on the Oyster Bay side of the district. "Why? Because they are good guys and they are tightening their ship," he said.
Another big savings was a result of putting their insurance out to bid with a resulting 36 percent cut.
Revenues increased with the help of Village Clerk Donna Harris. The interest on funds in deposit earned the village $66,000.
"We worked through the numbers, and did some belt tightening to save money and by bringing the fees for the building department 'up to code.'
"Legal fees came in below budget and we are reducing that line in the new budget," he said.
That in spite of the fact that the new fees are the increased fees requested by Humes & Wagner, shortly before they were replaced by Farley, Kessler and Chetkof.
"We have been running the village for two years on tight fiscal restraints. We had a large surplus that we rolled over so as not to make a tax increase, but didn't use it and will roll it over again next year." The village had about $100,000 surplus when he first took office.
"For those who hoped it (the budget) would be a stake in my heart - no, it didn't work out that way. Our budget is on time. Cove Neck still doesn't have theirs on time. This was the legal day (March 22) to have it done," said Mayor Peragine.
At the March 25 meeting at the East Woods School, residents were given copies of the proposed Oyster Bay Cove budget. Looking at the budget figures, Mayor Michael Peragine added that if the village didn't receive a CHIPS grant they wouldn't spend the money on a future project. They do have to spend the funds they presently have, to receive funds for the future which comes in the form of a refund.
The road commissioner, Tullio Donisi has plans to do white and yellow striping and reflectors put in and needed road repairs. They plan on spending $21,000 on street maintenance; $5,000 on striping Yellow Cote Road and $15,000 on patching Sandy Hill Road and Yellow Cote Road. It should start in April.
There was a savings in the police account because the state retirement fund investments have been performing well and they don't need as much this year.
He said the budget surplus of $200,000 will be rolled over again. Doing so stabilizes tax rates.
Peter Schiff said people were concerned that with the loss of $250,000 from Cove Neck, there would be a problem with staffing and coverage. The mayor didn't want to discuss it at that time (early in the meeting) when they were discussing the budget.
Mr. Peragine said there would be an 18 percent reduction in the Syosset Fire Contract which he had been lobbying for. There would also be a $10,000 cut in the Oyster Bay Fire Contract, but added that those reductions would be reflected in the town tax bill.
Sumps have been a problem for the village and Mayor Peragine is considering a referendum to see if residents are willing to pay for repairing a sump that is on another resident's property. Trustee Schiff asked why not pay for the work out of surplus funds.
The mayor said it was a complicated issue with a lot of litigation and some culpability and would be a burden on the taxpayer. He said they had a proposal to negotiate with Nassau County. There had been a bond on the sump but it was released although the sump is not working properly.
Peter Schiff said, the village has helped other portions of the village - the payment for the water study for Cove Neck is an example.
"We have to decide how much is too much," said Mayor Peragine. Village Engineer Joe Heaney said it might cost $25,000 to $30,000 for the village to put the sump into working condition which the county would then take over. The developer said it would cost $150,000 to $200,000 to fix.
The mayor said they would set up a committee to make a proposal so the board can act on it.
The mayor said the village had taken a $178,000 hit with Chief Lambertson's retirement payout, and now with the Cove Neck situation - they don't have extra funds to use.
-A resident asked the sequence of the budget adoption and was told the April 13 hearing would be for residents to make comments which the board can incorporate into the budget if so desired. Then they vote to adopt it.
Village Engineer Joe Heaney said there are lots of plans for construction and renovation in the village in the coming months. The fee and deposit law changes are coming up in a hearing soon. The village is drafting an erosion control ordinance.
- The board voted to extend their cellular tower moratorium another nine months, as soon as the present one ends - between meetings. Someone wants a ham radio antenna and that is being looked into to see if it relates to the moratorium.
- The work being done by Bell Atlantic is upsetting village residents since they are cutting up trees and leaving the trash along the roads; and using the shoulders of the roads in no parking areas and are creating damage there. Trustee Richard Appell volunteered to be a "point man" to contact Bell Atlantic to clean up the complaints. That will happen down the road, presently there are several people involved in cases now under way. Nassau County has not been responsive to complaints and don't investigate to see that things are properly done.
-The Cove Neck water feasibility study has not been progressing. The Oyster Bay Water District has sent back the check for $6,600 since the village has questioned how the study is being done. The OBWD didn't want to guarantee the work could be done until the study was done.
As the public portion of the meeting ended, and people chatted in small groups getting ready to leave the East Woods school, Mayor Peragine commented he was sad at the confrontational way the meetings were turning out.
The board also acted on several agenda items. As the meeting began, the mayor explained to the listeners how the village insurance costs were being reduced by 35 to 40 percent: $11 million coverage at 40 percent less.
-The village is handling their certiorari cases differently than previous boards had - by accepting the Nassau County decisions. He said there is a different set of guidelines for villages. If a resident gets a cut one year, they cannot file the following year and he said the village had ignored that law and gave credit. The village could be harshly criticized for that, he said.
As a result Attorney Larry Cregan is looking into the issue. The village had rejected the requests and sent the property owner to the county. Now they ask the party to present the case to the village as well as to the county.
-Camile Hansen was appointed to be chairman in charge of the next election.
-The mayor said on Friday, March 26, the village would add its thanks to resident Bobby Nystrom for his charitable work on behalf of Leukemia Society, the Make a Wish Foundation, the Arthritis Foundation, the Boy Scouts of America and more at a formal dinner event: tickets were $250 each.
-The village has two line items for NYS grants for record maintenance.
-The revenue the village received from LILCO as a utility franchise tax will be paid by LIPA in lieu of taxes to a special PILOT account.