Displeased with board’s approach to hotel, Kenney resigns

by Joshua Maloni
Lewiston Porter Sentinel, September 1, 2007

When the Lewiston Village Board meets on Tuesday, it will be short one person. On Wednesday, Trustee Ken Kenney resigned, citing his disapproval of actions taken with regard to Ed and Diane Finkbeiner’s Barton Hill Hotel.

On Wednesday, Realty USA was invited to host its get-together at the inn. Guests walked and reclined on the outside patio and first floor, even though the building has no certificate of occupancy.

By state building code law, lack of such an approval generally means people are not allowed on site. However, Mayor Richard Soluri said the party was legal due to an agreement reached earlier in the day between the village’s attorney, Paul Grenga, and the Finkbeiner’s legal representation.

A request from the Sentinel to the Village of Lewiston to see the agreement and/or section of code permitting the event was not fulfilled.

In June, the Finkbeiners held an event at the hotel, which Kenney observed and protested. At that point, the building owners were told they were in violation of the law. Village Building Inspector Ken Candella presented the developers with a long list of things he needed to see in place before issuing a certificate of occupancy. Required items included a state-certified sprinkler system, a fire detection system, kitchen/food facilities approved by the Niagara County Board of Health and water/sewer connections.

In a letter to the Finkbeiners, Candella wrote, “As you are now aware, by law the Village cannot allow the occupancy of the premises prior to the issuance of a Certificate of Occupancy.”

However, Soluri said, “They’re following the rules (in regard to the Finkbeiners); they’re moving along nicely” and offered his approval of the second gathering.

“It gave them the opportunity to showcase it to a significant real estate group,” he said.

Diane Finkbeiner, on Thursday, said her function was legitimate.

“We had permission; it was appropriate,” she said.

Kenney’s disapproval of the June event – and his subsequent request for updates on the inn’s progress – made him unpopular with his fellow trustees. On Wednesday, he said he received a phone call from Grenga informing him of the scheduled reception. Kenney said he didn’t receive an adequate explanation as to how the event could proceed. So, he called Soluri, who told him he was OK with the congregation.

“I said, ‘If that’s the way you guys are going to operate, I resign,’ ” Kenney said. He added elected leaders’ participation in backroom discussions and their failure to receive and disseminate information publicly makes him question whether the board is being completely honest with residents.

“I think they want a hotel so bad … if they just go ahead and do whatever they want, I’m not going to be a part of it,” he said. “I don’t want to be part of that type of thing.”

Soluri indicated he was comfortable with Kenney’s decision, and called it “appropriate.”