The Village of Williston Park held its budget hearing recently and the boardroom at village hall was packed; as the hearing progressed it became almost volatile.

The hearing was opened with a brief statement by Williston Park Mayor Ludwig Odierna who said, "First of all we are short $177,000 on this budget due to tax certioraris. Verizon was negotiated in our favor to the tune of $90,000; all the other villages received less. We have our village clerk, Walter Moloughney and our village attorney, Richard Reers, to thank for those negotiations. Plus, we have taken steps to cut expenses.

"For instance, the lamp maintenance is now being done by our own people. We are saving a total of $12,000 to $14,000 a year by doing that. We did not replace the deputy supervisor of public works which is a savings of $100,000. We have an increase in parking fines. We had a savings on insurance claims, again negotiated by our village clerk, for next year that amounts to $80,000. Also, we received a grant of $50,000 from Community Development to replace the playground at Henninger Park and at the ball field to make it handicapped accessible.

"We still have a few problems outstanding. For example, we still have 240 tax claims on tax certioraris that we have to face next year. We are addressing them and we are looking to save money wherever we can."

He then turned the meeting over to Deputy Mayor Ronald Saporita, who in turn asked for a report from the village accountant, who was present at the meeting.

William Barrett, with the firm of Rankar, Vail and Barrett, said that he has been the auditor of the village for the last 10 years. He said that sometimes he is involved with the budget and sometimes he is not, but he pointed out that his firm does audit the village.

Barrett said, "The General Fund budget has a plan to spend $4,973, 042 which is $250,000 higher than last year, so the percentage basis has increased 5.3 percent.

"The village has estimated revenues and an appropriated balance of $137,734 more than last year. The spending plan, less the estimated revenue which is being appropriated for fund balance which is the amount that has to be increased through taxation, is $3,746,752 and that is $112, 362 higher than last year, and amounts to a 3.9 percent increase. The tax rate is increased 93 cents to $2.35 or 3.97 percent."

Barrent continued, "Some increase in appropriations are up and some are down. But the significant increases that we have are due to judgment and claims and tax certioraris, which the mayor has spoken about. The budget amount is up $100,000; the general fund support of the library is $29, 634 higher this year than last; employee benefits are up $26,240, salaries and contractual are up $88,921, plus there is $10,000 in this year's budget for investigators. The sum I just gave you is $254,795, which is approximately an increase of $250,000 in appropriations. We have an increase in estimated revenue. The mayor mentioned that Verizon granted us $90,000, which breaks down to approximately $60,000 for the '07/'08 year and $15, 000 for the '08/'09 year and $15,000 for the '09/'10 year.

"Interest earnings are also increased to $57,500; sales tax, portion of Nassau County sales tax amounts to $14,000; gross receipts we get from utilities we can anticipate that to go up $20,000; justice court $25,485. New York State General State Aid is also increasing to amounts of $34,452. There are also increase of grants to $40,000 and increase in the pool to $50,000. The total increase comes to $304,487 that approximates the net increase of estimated revenues for the '07/'08 year as compared to the '06/'07 year of $292,734. The amount that has been appropriated for the fund balance has been decreased from $205,000 to $50,000. The difference between the two results in a difference of $112,362 which is the amount to be raised by taxes."

Barrett then turned the hearing back over to Saporita who said he just wanted to go over a few points that were raised by Barrett.

He said, "There are essentially three sources of income for the village. One is taxes, the second is revenues and the third is the fund balance.

"We would like to say in the past we used the allocated fund balance of $150,000; last year it was up to $250,000 and this year it's down to $150,000. The fund balance is important to us because it allows us the ability to borrow money. And, in the next year or so we will be borrowing money for improvements that will be identified in the long-term plan. Those will include road repairs, equipment, repairs on the garage and things of that nature. Plus, some investments in the pool and water wells.

"The water fund is not shown. What is shown here (he referred to a budget handout at the meeting) is the general fund; in addition to the general fund there is a pool fund and a water fund and a library fund. They pretty much standalone with no relationship to the general fund. We have to transfer money to the library fund. We raised revenues for the pool and some of that money is turned back to the village. The return of that money is basically done through the borrowing we have done through the years for the pool so that the money that we bring back to the general fund is a partial compensation.

"Also, there was a comment of an increase of some $25,000 for traffic fines in the budget. We are looking into raising parking tickets to $100, which is basically the reason for the large increase in that line. Some residents asked us to revisit that fine because it is too severe. There are other expenses that are forecast through the years. Hopefully, our forecast is high on 'certs.' We show a zero increase in insurance and we hope to negotiate a very favorable settlement and that results in a surplus. But, there is nothing in writing yet so there are ups and downs as the budget gets adjusted as we go forward.

"What I am saying is that this whole process is an art, not a science, and we have tried to keep the tax rate down and that is the purpose of using $50,000 from the fund balance. While we use the fund balance as a line item or income, so that we don't have to raise that revenue with taxes, we have not had to use the fund balance since our revenue stream was increased.

"For example we had a $205,000 balance to help us keep the tax rate to the amount that it was and we didn't have to dip into the fund balance. So you see there are fluctuations on the revenue side and on the expense side. So what we have here is the best balance for both with only a 3.97 percent increase in the tax rate, which is reasonable and it will sustain our fund balance."

Saporita then called for questions from the members in the audience.

Former Williston Park trustee and current North Hempstead Town Receiver of Taxes Rocco Iannarelli said, "I just want to know, from the mayor, what is the purpose of tonight's meeting."

Mayor Odierna answered, "To present the budget to the community."

Iannarelli said, "Is it a public hearing?" and the mayor answered "yes."

Iannarreli continued, "Procedurally, you have not followed municipal law. There was no opening of a public hearing and there was no vote to open it and there has been no recognition that it is a public hearing and there is no motion to close the public hearing."

Attorney Reers commented that was just a formality and Ianarelli countered, "It's not a formality, it's law."

Reers continued, "Tonight's meeting was announced, through a public notice, in the publication of notice, so I would ask the mayor to ask for such a motion at this time."

Odierna said, "I ask for a motion to hold a public hearing on the budget, which is what we are doing right now."

Iannarelli said, "If this is a public hearing that it is required, by law, to take place prior to the adoption of the budget and it is my understanding that the budget has already been adopted."

Reers said, "The answer is not officially. At the last meeting you raised the question if the budget had been properly adopted. The morning after that meeting I conducted a complete review of all the village records and what I did find was that there was no legal notice published, so that being the fact, it was my opinion it was necessary to hold a public hearing and that is why we are having this budget hearing."

Iannarelli said, "The law does say, and once again I am not an attorney, and I don't mean to be confrontational, but I am bringing these matters before the board prior to any deadline that might occur on June 1. So hopefully, to avoid any legal consequences, that might cost the village money. That being said, clearly in the NYCOM Handbook, (New York Conference of Mayors) which we have all read, it clearly states that if the budget is not adopted by May 1, then a Contingency Budget must be put in place. And, that has to be done in a public hearing and voted on. I don't believe there is a Contingency Budget in place. If no budget has been adopted you cannot legally create a Contingency Budget. Can the mayor tell me where we are in that process?"

Reers said, "Specially there was no contingency budget voted on because it was felt that the budget had been lawfully adopted and that is why we are having this hearing tonight."

Iannarelli said, "If there is a violation of the law, will you be making the attorney general and the comptroller of the State of New York aware of that?"

Reers said, "It is my opinion that there is no violation of the law. I researched the issue and my conclusion is that as long as this hearing is conducted before June 1 then it is proper."

Iannarelli said, "Would you write a letter to the attorney general and comptroller just to ensure that there is no violation?"

Reers answered, "What I will do I is research whether it is required."

A resident asked if the village intended to borrow money for improvements, and would that be through bonds?

Saporita said, "What we will probably do, and it's not finalized, to give you an example. We met with the water group and we agreed to about $250,000 worth of needs for the Water Department. We will borrow that money, but on what terms we have not decided. There is such a thing as BANS (Bond Appreciation Note) which is a short-term borrowing and the purpose is so that we can go ahead and identify all the areas we wish to borrow money for and we will get BANS for those areas. And after that we will put together a long-term bond."

He explained that the Water Board of the Willistons has been set up to review the status of the water fund and to review the long-term needs of the water department and to make suggestions for short- and long-term improvements. A study by the engineer firm of D'Virka and Bartilucci is available for the public to review what they have recommended. But, prior to such a bond it was explained that the board would hold a series of public hearings.

Mayor Odierna then explained that another reason for the BANS was to purchase two garbage trucks, but he assured the residents that before that is voted on a presentation would be made to the public.

He said, "We are looking to cut costs, no matter where."

Joseph Heery addressed Bartlett, the auditor, and said, "Under legal retainer there is almost a $20,000 increase. Can you tell me who is getting that retainer?"

Bartlett said, "I am not sure if this is for one or two attorneys. What I do know is that the amount that has been historically placed in the attorney line has been overrun because the village has asked him to do additional items."

Heery said, "The question is who is getting the $20,000 increase?"

Mayor Odierna explained there were two attorneys working for the village; one to handle the tax certioraris and the other is the village attorney. The tax cert attorney is very important because he can negotiate and save the village money. He explained that attorney was Ben Truncale, a partner in the law office of John Spellman, of Garden City.

Heery continued, "At the last meeting it was stated that the attorney fees were $46,000 for that month. Can you explain that?"

Odierna said, "That was for a number of months for our village attorney. We owed him money. It had nothing to do with the tax certioraris."

Saporita said, "If you look at the 2005 actuals for attorney was $82,000 and the budget was about $50,000 even though we spent so much more. So, we have historically underbudgeted that line. We also underbudget our engineers, D'Virka & Bartilucci. To date their bill is $16,000 and the budget is $10,000. But, we have to make that up. So, as I said before, we do have flexibility in the budget."

Heery said, "It seems we have been understating the legal fees for years and it should be in the right area for such a large unaccounted for amount of money."

Iannarelli said, "I see in the budget that street cleaning went from $23,000 down to $8,000. What is the reason?"

Superintendent of Public Works, Keith Bunnell said, "Our maintenance line was $23,000 and we dropped it to $8,000 because we plan to get a new sweeper with a five-year bumper-to-bumper guarantee and we won't have to have the old sweeper repaired. The same thing applies to the garbage line. We should have been up about $55,000 from last year. I recommended we increase that line to $75,000 and then the board decided we would get two new trucks and that line was reduced."

Paul Ehrbar said, "Let's go back to the village attorney, I see the retainer is going up from $25,000 to $43,000 almost a $20,000 increase. Is there a reason why?"

Saporita said, "Because of the amount of work that is being performed in the village. The work that Mr. Reers did this year had to do with Tuscany Marble, La Palma and other issues."

Ehrbar said, "The next item is special counsel. Does that have to do with tax certs? And, why did we drop that line down from $25,000 to $14,000?"

Odierna said, "Most of our commercial negotiations have been completed, the rest is residential and that doesn't cost as much because the commercial ones take a lot more time."

Ehrbar said, "In answer to trustee Saporita, regarding Tuscany Marble, the majority of that legal work was done by the previous attorney."

Saporita said, "Excuse me, Mr. Ehrbar, you made a comment that is not true. Tuscany Marble was still an open issue and Mr. Reers negotiated a very quick settlement and saved the village a lot of money."

Ehrbar continued, "A comment was made about increasing fines to increase revenue. Is that correct?"

Sapoirta explained that the fines reflect an increase in the parking tickets. "At the last meeting we told the public that the judge decided to raise the fees because he felt our parking fines were not adequate. We received some petitions from the residents. We will look into it, but there is an upside increasing the revenues."

Ehrbar said, "Well, correct me if I'm wrong, doesn't the judge made a recommendation and then the board approves it?"

Reers explained that the village code book under No. 19-20 states that the village justice is authorized to designate fines to be paid.

Odierna pointed out that a new line of $10,000 fee had been included for an investigator. He explained that has been put in place so that the village can address the problem of illegal occupancies in the village.

There was a question asked about the legality of the type of tickets being issued for the new fines.

Reers said that when the fines were increased, stickers were printed and they were put on the tickets. Reers added, "That was fine. But, I learned that apparently we ran out of stickers and in some tickets the fines were crossed out and the new fine written in. However, all new tickets were issued with the new fines, so it's a moot point."

Maura Clancy said, "Just to follow on that, the business community would appreciate whatever the board can do to revisit the issue. Because $100 seems like an undue hardship. A $50 fine would be exorbitant. A $100 is beyond the pale. It's unfortunate there wasn't more discussion; it seems so shortsighted, these small businesses to lose customers because of the tickets, as well as their own employees. I don't think our residents fully feel the impact, but when they do I believe you will get a lot of negative feedback."

Saporita said, "We are looking into it. This is a budget hearing."

Clancy continued, "What were our actuals for last year for the legal fees?"

Barrett said, "Those fees were not broken out in last year's budget.

Clancy said, "Congratulations on the Verizon thing, but did we have to give up anything?"

Clancy then wanted to know if any of the Williston Park parks were being given to the Town of North Hempstead.

Odierna explained that the town helped the village for the Little League field, plus they worked with the village for the 311 telephone calls and they are the only two items so far. He said he has been working with Town Councilman Angelo Ferrara and Nassau County Legislator Richard Nicolello. He explained that they have a very good working relationship with both entities, including new state Senator Craig Johnson. "We are waiting to receive money from Congresswoman Carolyn McCarthy and Deputy Mayor Saporita is working on the Ackerman grant," he said.

After going back and forth and with Iannarelli again bringing up the fact that the village did not announce, at the outset, that the hearing was a hearing, plus, commenting on the use of the stickers for the tickets, which the mayor said three attorneys approved. Odierna said, "We just didn't raise those tickets 'willy-nilly.' Everyone has an opportunity to come before the court and plead his case on those fines and that is why we are taking a look at these fines at a distance because we cannot interfere with the justice system."

Iannarelli answered, "That is the most ridiculous response to imply that I am trying to interfere with the justice system. The act of creating a ticket was incorrect. You self-admittedly said you ran out of tickets and at that point you should have stopped issuing tickets. So, with all due respect, I really don't need a lecture on the law, because if we are following law, the law says in the event that the board of trustees fails to adopt a budget by the first day of May you need a contingency budget."

Odierna said, "We are talking about tickets. You are mixing apples with oranges and I take exception to that."

Iannarelli countered, "Well, I take exception as well. The tickets were wrong and you did not have a budget in place. You can decide to just waive it all away and say I am one pain in the neck, but make up your mind either do it right, or if you want to dismiss it as you know better, then so be it."

He then questioned if the Verizon hearing was a public hearing and he said he would check that out with the minutes.

Ehrbar then asked since new tickets had been printed what was the ticket dollar amount. He was told they were printed up as $100.

He commented before he sat down, "So you say you are looking at the fines, but you still had the tickets printed up for $100."

Clancy wanted to know if Barrett reviewed all the conflict of interest issues with all the parties connected with the village. She was told he did.

The cantankerous budget hearing finally ended with Rudy Rosenberg telling a dog joke. Prior to that, however, he asked the village board to remember that any increase of taxes either by village, school or gasoline taxes would actually be a decrease of the senior citizen disposable income.

The next Williston Park Village Park Board meeting will be held on June 18 at 8 p.m. at the Williston Park Village Hall.