Developers suing village

by Joshua Maloni
Lewiston Porter Sentinel, February 10, 2007

Village of Lewiston Mayor Richard Soluri sure picked a good time to go to California. With temperatures in the single digits locally, and a barrage of bad news presented at Monday’s board meeting, there are likely some trustees who wish they were beneath sunnier skies too.

Developers Jeff and Jerry Williams, as they hinted they would late last year, have filed suit against the village. Last fall, the brothers brought forth a proposal to add 12 additional units to their Brockway/Village Cove Apartments complex. The Planning Board determined the project needed 12 variances to be in keeping with municipal law. In December, the Zoning Board rejected 10 of those variances, thus stopping an addition.

In October, Jeff told the Sentinel, “It’s in our opinion that the variances should be approved. Otherwise, it denies us reasonable use of our property.”

He echoed that statement after the Zoning Board made its decision. When reached for comment this week, he requested all questions be directed to his attorney, Michael Dowd, who is the attorney for the town of Porter and a developer himself.

Dowd could not be reached for comment.

Without discussing the nature of the lawsuit, the board approved payment of $4,500 to attorney James Roscetti, the man tasked with defending the village. Roscetti represented the village in 2005 when its Master Plan was challenged in state Supreme Court by Kathleen Harold. The case was tried before Justice Richard C. Kloch Sr. Ultimately, the case was dropped by the petitioners.

Kloch will hear the Williams’ case later this month.

Time Warner Cable – The Power of Who?

Sharon Hanson, community and government affairs manager for Time Warner Cable in Buffalo, met with trustees to discuss residents’ growing frustration with their television program provider. Since purchasing Adelphia Cable, TWC has cut the NFL Network from subscriber’s packages, and almost eliminated Fox and the CW before settling with the Sinclair Broadcast Group at the 11th hour.

“It’s not a warm fuzzy relationship at this time,” Deputy Mayor Bill Geiben said of the board’s relationship with TWC. He added, “We have visibly seen people switch over to DirecTV and the Dish Network.”

Hanson said the NFL Network was seeking a 250 percent rate increase. That cost would have bumped users’ monthly cable bills significantly. Considering cable subscribers saw the games for free in 2005 – and factoring in a lack of Buffalo Bills games on the station – TWC couldn’t justify the expense.

She said Sinclair was seeking a hefty pay raise of its own. With television’s No. 1 show in Primetime, “American Idol,” and the Emmy Award-winning “24,” Hanson said Fox, “felt they should be paid for those programs.” Currently, network television – NBC, CBS, ABC, Fox, My Network TV and the CW – are free stations.

Though a deal was struck, Sinclair did negotiate a rate increase, which Hanson said will likely be reflected in cable bills in the near future.

Trustees indicated they were concerned with cable costs for seniors on fixed incomes. Hanson said TWC’s basic cable package is priced as low as it possibly can be under FCC law.

Additionally, with Adelphia seen in the community in the past, Geiben said he expects the same of TWC in the future.

“It would be very beneficial if we can see Time Warner in the community this year,” he said.

Hanson said the company has every intention of being a good neighbor and getting involved in local events.

Sewer Rate Rising

The board scheduled a public hearing for 6 p.m., on Tuesday, Feb. 20, to discuss raising the sewer rate from $3.35 per 1,000 cubic feet of use to $3.95 – a 17.9 percent increase. Trustees said the rate hasn’t increased since 2002, and will only do so to offset increased usage charges from the Town of Lewiston and to generate revenue to make repairs to the sewer system.

‘Little Blue House’ on the Move

The “Little Blue House” at 870 Center St., a historic building, is moving across the street to Academy Park. It will be situated on the corner in front of the softball diamond – the area where Christmas trees have been sold in the past.

Incidentally, Trustee Terry Collesano, who chaired a steering committee on moving the facility, said it’s not the “Little Blue House.” The building’s real name is the Sherburn B. Piper Law Office – named after its 1835 owner, a former Academy Park School teacher, lawyer, county judge and aide to President James Polk.