Published: December 04, 2008 12:17 am      

TOWN OF LOCKPORT: Wal-Mart decision expected by April

TOWN OF LOCKPORT — A state court should rule in the case of Lockport Smart Growth versus the town and Wal-Mart by April.

The Appellate Division of state Supreme Court, Fourth Department, will hear the sides’ arguments in March, town attorney Daniel Seaman said Wednesday.

Smart Growth is appealing Supreme Court Justice Richard Kloch’s earlier decision upholding the town’s planning and zoning approvals of the proposed supercenter at the vacant Lockport Mall. Particulars of the appeal were filed Nov. 21 in Rochester, and the court set a hearing for its March term, Seaman said.

The town and Wal-Mart each have until the end of this month to file their responses to Smart Growth’s petition, which asks the Appellate Division to overturn the town approvals.

The town received notice this week that oral arguments by each side will be heard sometime during March. The court typically issues a written decision three to four weeks after arguments, Seaman said.

The supercenter plan was approved by the planning and zoning boards a year ago. Smart Growth promptly sued them and Wal-Mart, effectively stopping any steps by the corporation to commence mall demolition or new construction.

Sewer rate hike proposed

Also Wednesday, the town board called a 1 p.m. Dec. 17 public hearing on a newly introduced local law to amend sewer rates in 2009. The town is aiming to raise cash for future sewer improvement projects, according to Supervisor Marc Smith.

The proposal is to raise the base rate to $30 per quarter on all properties, residential, commercial and industrial. The rate currently is $25 per quarter for all types. Multi-family properties consisting of four or more units would be charged $20 per quarter per unit.

The town also would begin charging a fee for above-average water use. The fee on residential units would be $1 per 1,000 gallons consumed above 15,000 gallons; and on commercial and industrial properties, $3 per 1,000 gallons over 18,000 gallons, with a rate cut to $1.50 after 118,000 gallons.

Large-scale industrial users — ones consuming more than 1 million gallons of water per quarter — would pay a sewer charge of 87 cents per 1,000 gallons.

Mobile home units face the same charges as single-family homes but are billed monthly instead of quarterly.

The public hearing on the proposal is set for an odd time — early afternoon, during the board’s next scheduled work session. Smith said that’s because the numbers in the law weren’t hammered out in time to call a hearing during the Wednesday evening business meeting, when hearings normally are held.

“It’s inconvenient, I know,” Smith said. “We apologize for that. ... We worked at this a while trying to make (rate hikes) as fair and uniform as possible.”