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Court Rules Against EW In Water Suit

The Village of East Williston was recently ruled against in the second round of lawsuits with neighboring Village of Williston Park involving the latter’s water rates—establishing a 13 percent increase from $3.83 per 1,000 gallons of water to $4.33.

 

Village of East Williston Mayor David Tanner said that the lawsuit, “still does not resolve the underlying problem between the villages, which is we feel that we’re being charged too much for water—the cost is excessive.”

 

Tanner said the village is still calculating the financial impact will be, and that the village has been making payments in escrow for every water bill received.

 

“Williston Park owes us money, we owe them money,” he said. “In terms of what the final number is, our village treasurer [Michael Delury] and attorney [Jeffrey Blinkoff] are working on that.”

 

East Williston prevailed in the first round, which began in April 2011, whereby they objected to a $3.85 per 1,000 gallon rate set by Williston Park, and the Nassau County Supreme Court found the rate was improperly set.

 

Following an appeal by Williston Park in the New York State Appellate Division of the Second Department, the second lawsuit was brought about in August 2012, contesting the $4.33 water rate. 

After the Nassau County Supreme Court reviewed the case, it was transferred to the Appellate Division of the Second Department, which is also where the appeal of the first case was held, officials said.

 

Arguments took place with respect to each of these matters before the Appellate Division Department on May 5, 2014.

 

According to Village of Williston Park Mayor Paul Ehrbar, East Williston owes them $400,000 as a result of unpaid rate increases, which was questioned at a Village of East Williston board meeting on Monday evening, as well as an additional $300,000 penalty.

 

Village of East Williston trustee Robert Vella explained the penalties were not ordered by the court, and said, “we don’t believe we have to pay them.”

 

“We have a legitimate issue with the way in which they reset the water rate,” he said. “Our only recourse was to acquiesce, which we weren’t prepared to do because we didn’t believe we were treated fairly, or contest—which is what we did. Now Williston Park is arguing that they are entitled to penalties, and we don’t believe that they are. Not under these circumstances.”

 

Village of East Williston Deputy Mayor Bonnie Parente explained that the court decision was that the increase to $4.33 was not found to be arbitrary, however did not rule the rate to be “not unreasonable.”

 

“Those are two very different words in the legal world,” Parente said, to which Vella added that the court, “simply upheld Williston Park’s rate increase as being lawful.”

 

On a long-standing idea for East Williston to establish its own water district, Tanner said they comprise 30 percent of Williston Park’s water sales, and a study was done in 2007 which found a district not feasible.

 

“We are looking into all of our options,” Tanner said.  “My own personal feeling is that the ideal solution would be to establish a water district where all costs would be shared by both villages, have an independent board, and it would ultimately lower the cost for everyone.”

 

The issue of creating a separate district date back 37 years. Tanner read a letter from East Williston administration in 1977, which stated that funds to study all options with respect to water supply, including possible state and federal funds, for the construction of their own production facility, were suggested.

 

“If it was so easy, it would have been done 40 to 50 years ago,” Tanner said.  “What we need is a permanent solution to this problem.”

 

8 Sumter Demolition Coming?

Village Attorney Jeffrey Blinkoff delivered an update on the future demotion of the property at 8 Sumter Ave., stating that as soon as the village receives a signed order from Nassau County Supreme Court, they will begin the process of necessary disconnects from gas, electric. etc. in the home to prepare for demolition.

 

Blinkoff said that costs involved with the demolition as well as disconnect fees have been submitted for court approval to be transferred to the property’s tax bill.

 

Following a pending foreclosure investigation, Blinkoff said there had been a proposed auction that had been held off following an order to show cause filed by the property owners, John and Theresa Muzio.  

 

“There is no decision, and that case remains pending as well,” Blinkoff said.  “Unless and until we hear otherwise, the demolition remains scheduled with the court’s order.”

 

The deadline for the Muzios to remove all articles from the property before the demolition begins is July 28, and according to Blinkoff, prep work can not be done before the July 28, as the village does not own the property.

 

According to Village of East Williston trustee Christopher Siciliano, a fence will be placed around the property during the demolition.


News

The Village of Williston Park Board of Trustees passed a local law last week that establishes the authority for legal action on water bills that are $25,000 or greater. 

 

According to Village Attorney James Bradley, if a water bill remains unpaid for 90 days, he is authorized to commence legal proceedings for collection, and charge attorney fees for prosecution. Fees would be added to the unpaid bill and subject to non-payment penalties

 

“The person or entity responsible for paying the unpaid bill will be liable for the attorney fees,” Bradley said, while noting that the bill is an amendment of existing code.

The founders of the popular Facebook group “Massapequa Moms,” a ‘virtual living room with 6,700 people,’ are leveraging their social media power to create a new discount loyalty card good all over Long Island—including, they hope, in Mineola. 

 

With a hugely popular Facebook community, co-founders Dawn Boyle Kostakis and Stephanie Hartman wanted to “figure out a way that we could help the consumer and the business owner at the same time; keeping commerce going, keeping it all local and having the people get a little bang for their buck,” said Kostakis. They wanted to serve more than just Massapequa, too, and the Long Island Loyalty card was born. 


Sports

The Mineola Mustangs varsity football team defeated the Roosevelt Roughriders 47-38 on Saturday, Sept. 20.

 

Senior quarterback James Gerstner led the Mustangs (2-0) to victory by rushing 212 yards and securing five touchdowns on 23 carries.  He also completed 11 of 13 passes for 229 yards and one touchdown.

 

“This was a big game—we were ready and pumped up all week,” Gerstner said.  “We came in ranked third but we knew we could beat them.”

Mustangs Shut Out Valley Stream

The Mineola Varsity Football team’s defense dominated Valley Stream South, winning 21-0 on Sept. 13. The Falcons never got further then Mineola’s 30 yard line. The defense was lead by senior linebackers Eric Guardado (8 tackles 6 assist), Ed Hincapie (6 tackles, 5 assist) and safety John Clancy (tackles, 3 assist).

 

Defensive linemen Anthony Sarno, Luigi Athan, Victor Tineo, Matt Lafaye and Chris Brenes controlled the line of scrimmage. Defensive backs Peter McCormack and Chris Lockwood played very well as they combined for eight tackles and only allowed two pass completions. Linebacker Kyle Dunleavy, Ben Carbone, Matt Kosowski and Brian Smith also played very well.


Calendar

Spooky Story Contest - October 1

Silver Sneaker Fitness - October 2

Live Music - October 3


Columns

1959: The Year The Music Stopped Playing
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