By Dagmar Fors Karppi
The Oyster Bay Cove election takes place on June 18, but the heat began on May 21. At that meeting at the East Woods School, over 200 residents attended a hearing on new licensing laws being proposed by the board. Several residents questioned whether the village needed more regulations.
In a May 15 letter to the editor, Oyster Bay Cove resident Ralph Potente questioned the need of the new licensing laws and that night, after the hearing, he determined that he would petition for a seat on the board. He formed the United Party of Oyster Bay Cove, a new grass roots entity for the village. The village now has a three party system, but only one has members on the village board, the party of Mayor Michael Peragine. Since the terms of George O'Neill and Peter Schiff ended, no one from the Citizens Association has had a seat on the board.
In the current election Mayor Michael Peragine's party, the Friends of Oyster Bay Cove, is running incumbents Tom Fitzsimmons and Richard Appell for the board. Opposing them is candidate, Ralph Potente who in lieu of another candidate on his line on the ballot, is verbally endorsing Richard Appell for the board. Mr. Appell, in a June 13 letter to the editor said he is not running with Mr. Potente.
In Mr. Potente's original (May 15) letter to the editor, he told residents the board was planning to enact a set of new village ordinances. He said they, "will empower the board of trustees with the right to license landscapers who work in the village. The ordinances further seek to restrict any sort of plumbing and/or electrical work from being performed at private residences by anyone not holding a local town license, apparently including minor work often done by handymen or even ourselves." Mr. Potente questioned the need for the new laws saying, "Do we really want to live in a village that scrutinizes and controls every aspect of our day-to-day living in the privacy of our homes? Do we need more restriction set upon us, simply for the sake of unenforceable bureaucratic control? Is it likely that the cost of administrating these licenses will far exceed any revenue derived from them? Do sufficient laws/ordinances already exist in our village to curb irresponsible actions from these workmen? Is our village running amok with enthusiastic governing, only to overcomplicate the solitude of our little slice of heaven here in Oyster Bay Cove?"
Over 200 residents did attend the May 21 meeting held the same night as the Oyster Bay-East Norwich School District vote. It appeared that some residents, without a voice on the board, didn't hesitate to speak up to express their feelings to the mayor. Instead of meeting in the East Woods Library the overflow crowd sat in the auditorium/gymnasium of the school.
At the meeting, Mayor Michael Peragine told the audience there was some mail circulating about town that made it clear that not everyone understood why and what the proposed laws were about. He said, "We do not come predisposed to vote in any way. We are just village residents like everyone in the room. Our role is to set public policy for the safety and well-being of the village."
He said every town in Nassau County licenses electricians and engineers for safety reasons. The town checks on them and once a year they have to go back to school and learn about changes in the code and find out about errors that occurred in the past year. "We don't participate," he said. "If you sell a house someone knows what's behind the walls is okay, and that the pool is wired safely: that is the objective. It's not an overwhelming task and to do so it would cost very little and give protection for families. That is a message from the sponsors (of the bill)," he said. "We are eager to hear from you. We've proposed other laws." They want to license plumbers, gardeners and landscapers.
That was when members of the crowd began to speak out.
The mayor tried to give an example of what could happen in the village using an example from another area. He said a little boy was playing in the family driveway when a truck made a U-turn "and destroyed the child." He said the person driving was from another country and had no insurance. "That accident could have been avoided. It could happen in this village."
He said, "A license forces landscapers to have insurance."
Another resident said, "You have to have a license to drive a car." "You can't regulate the whole world," said another person.
"We have to keep the roads clean," said the mayor.
"You need a microphone," said a resident. Earlier the mayor said he couldn't speak any louder and that they didn't know there would been a need for the auditorium and hadn't asked the school for any sound equipment.
Trustee Tom Fitzsimmons explained that pesticide use could be controlled if landscapers had licenses. "You have to hire someone responsible," he added. The mayor explained that the village was doing something already done in Bayville to control pesticide use.
At the meeting, someone commented that the town already has rules about pesticide notification.
"We have to bring the rules to your attention," said Mr. Fitzsimmons.
"You didn't, Ralph (Potente) did," said a resident, and then questioned how would they enforce the rules.
"We just have to not be rude to each other," said the mayor. "We are concerned with public policy. We are sincere with what we believe in." He added, "This obstreperousness has to stop."
One person gave a single hand clap.
Someone else called out "Doesn't the school have a microphone?"
The mayor had explained the two proposed laws and gave the history of the third proposed law. He said Oyster Bay Cove was sued by the Oyster Bay Water District and the Cell Tower Companies for not putting up a cell tower. It has been in the courts for one year. "We are near settling the law suit and pretty much have no choice on it. We are trying to pick the least intrusive place for it. We will have another hearing on it," he said. They are considering putting it on the police booth property on Route 25A and are in discussion as to what kind and how tall it will be. Some residents have expressed their preference that it be on the existing Oyster Bay Water District tower on village property.
The mayor said in a telephone interview that, "The cellular phone lawsuit cost us nothing. Our insurance carrier picked up the entire tab for the lawsuit. It took some negotiation on the part of the trustees but we were able to have them pick up the entire cost," he said.
Mayor Peragine said at the meeting, "The change in the proposed law lets us negotiate the site. That is what we can negotiate and what this law does. It gives the village the opportunity to put a cell tower on our property. Over a 15-year period the village will receive $4.5 million in revenue."
Mayor Peragine said, "If the village gives permission for the cell towers it gets the revenue generated by the lease, if the water district controls the contract they get the money and 95 percent of those customers live in Oyster Bay. It is smart and wise to give the money to the village and to locate the antenna here, a decision that will be discussed at a future time."
With the laws outlined, the mayor explained that trustee Richard Appell had a business crisis and asked the board to adjourn the meeting, but the mayor said, "I can see with all of you here, a lot has to be said." There will be no vote this month, he added saying Mr. Appell is one of the sponsors of the bill.
He said usually there was a two-minute time limitation for speakers but said there would be no limit that night. "Just consider lots of people want to be heard tonight. Try to be succinct."
At that point the mayor added that the plumbers', electicians' and landscapers' license fee would be $25, but said the town would do the yearly testing on changes in the law they do now. (Later, when Village Attorney Tom Leven spoke he said there was no fee involved.)
A resident said "You are collecting $25 from people to be allowed to work here and are still following all the laws of the Town of Oyster Bay?"
A resident said it just meant more paper pushers.
A man said he was a licensed tradesman in NYS. "Once you get license approval from the Town of Oyster Bay what more assurance do you need. You give no more protection. My daughter bought a house and the insurance fire underwriters inspected the house so it would get a certificate of occupancy and said things had to be changed," he said.
Mayor Peragine said he understood the issues of licensing since he is a master electrician licensed to work in New York State, New Jersey and in several other areas.
That was when Village Attorney Tom Leven arrived and said there was no fee to the village for the licensing.
A resident said "A revenue stream I can understand, a paper stream I don't understand. If you get revenues I understand. Why more paperwork for contractors and the village? If a fee is charged, as president of the homeowners association I want to share in that fee because the electricians and plumbers are coming into our area/homes." He added as an afterthought, "We would need to issue another license."
There was applause.
One of the residents who identified himself as a lawyer summed up the issues. He said, "A lot of us don't want intrusive laws that are not beneficial." He said every homeowner asks, "Are you licensed and insured when hiring an election or plumber." They are already licensed. I see no point in doing it and see no necessity to do so." His remarks were followed with loud applause.
The mayor defended the board actions and said, "We did. You don't know if they are qualified."
The discussion continued on how people know if a person is up-to-date on their skills or if a license is still valid or if a worker is competent. Another speaker asked if the village had the manpower to issue the licenses. He added, "I have a feeling this licensing is very restrictive, exclusive and selective."
"We're making more work for ourselves," agreed the mayor.
Professor Jack Mandel, a recent Oyster Bay Cove resident said, "This is unnecessary and unpopular. If you are truly representative of the people you should say 'we're wrong.' I am a college professor of public relations. The village put out a newsletter in 1999 and since then I have heard nothing for the past three years. If I didn't get the letter from Ralph Potente I wouldn't know about tonight.
"Sometimes less government is better than too much. If someone's son wants to cut my grass does he need a license? There's something wrong with telling me who I can invite to come into my home and work. You have to listen to your constituents. I came here from Lloyd Harbor. Give your people a chance. This is a great community."
The mayor said, "You've been recruited to do a newsletter."
Mr. Mandel said, "I volunteer."
"We have a website," said Mr. Potente.
The village attorney said the new law would require no separate application, paperwork or fee. The workers just have to have an unsuspended, unrevoked Town of Oyster Bay license. Mr. Leven said the Town of Oyster Bay has an agreement with Hempstead and North Hempstead and added any plumber licensed in Nassau County is okay.
The mayor explained, "That's why I wanted to wait for the attorney. People got their idea of the law from the paper(s)," said the mayor.
A resident commented that what was said, was not what was written in the agenda.
The mayor responded by saying, "One more outbreak and we will have the person removed."
At that point this reporter left to cover the Oyster Bay-East Norwich School District vote. Residents said the meeting got more heated as the discussion continued.
In his letter to residents, e-mailed to this writer, Mayor Peragine summed up his feelings about the meeting.
"In retrospect, it was a sad moment for our village, and I believe that Ralph Potente and his core group of supporters railroaded the processes (of creating the new ordinances) and committed an unfair, and uncalled for, injustice to the board, and to those residents who were not, or could not be, present. That is not how village government should work. They now want the power to create such mischief from within the administration.
"Please think that through before you hand them the keys to Village Hall," he wrote.
The Oyster Bay Cove election will take place on June 18 at the East Woods School from noon to 9 p.m.
The ballot will also list attorney Harry Peltz, who is running unopposed for the position of village attorney. Mr. Peltz and his wife have lived in Oyster Bay Cove for 30 years. They have two children. He is the Zoning Board of Appeals chair and an arbitrator for the American Arbitration Association and the NYS Department of Insurance. In his general law practice in Nassau County he has appeared in almost every courtroom in the county. In addition, he has been an arbitrator for the Suffolk County District Courts and served for 3-1/2 years in the US Navy JAG.
Mr. Peltz is active in the Laurel Court Property Owners Association, in the offices of president, treasurer and board member. Early in his career, he was on the OBEN Youth Council Board and worked as a trial and appellate attorney for the Nassau County Legal Aid Society. Currently, he is on the board of the Legal Aid Society, where he also served as president. He is on the supervisory committee of the Nassau Educators Federal Credit Union, and is a 27-year member of the Hicksville-Jericho Rotary where he is a past president.