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The Lansing Town Board voted to settle a claim by Time Warner Cable (TWC) that its  Highway Department had damaged a cable along Woodsedge Drive last March.  TWC was claiming $8,242.34 in damage, but the Board voted to settle the claim for $2,500 if and when TWC's agent signs a general release form.  Highway Superintendent Charlie Purcell said that the cable had been laid where it was not supposed to be, and such disputes are common and frustrating.

"This is something where one party says something and the other something else," said Lansing Supervisor Ed LaVigne.  "Doing his due diligence, Cricket (Purcell) found the wire where it shouldn’t be, in my opinion,  Over an $8,000 claim was proposed.  We had (Town Attorney Guy Krogh) look into it.  We’ve agreed to settle for $2,500.  Sometimes these things aren’t where you think they are.  Sometimes they’re where you hope they’re not.  This is one of those times."

Purcell said that when the cable company lays main lines they request permits for which the Town usually waives the fees.  He told the Town Board that TWC lays the cable "willy-nilly because they have the franchise agreement that you guys vote on every so often."  Purcell advocated adding fees and better enforcement of Town standards and regulations.

"We shared a little blame — just not over $8,000 worth," he said.

"We’re in another dispute with them now, too," he added.  "If it continues to happen I may be looking for a resolution that says Time Warner won’t install any cable in the Town of Lansing without following town criteria.  At some point you may end up passing some sort of legislation that they pay the town X amount of dollars for every foot they want to lay."

The cable was damaged while maintenance was being done to infrastructure along the road.  TWC claimed the Town was liable for damages to the cable because there was no dig ticket and utilities were not properly marked before excavation began.  But Purcell said that the cable was not supposed to be laid in that location.  Purcell said the pattern of ignoring Town requirements makes it harder to avoid digging up cable when repairs to water mains or other utilities.  He said that the cable was put in the right location when TWC came to repair it.

"I talked with the Village — they face the same issues," Purcell said.  "The tough part is they turn it over to a third party.  Then they investigate it.  You can’t actually talk to anybody locally to make it work any more.  It’s just here it is and there you go."

Last year Charter Spectrum purchased Time Warner Cable for $78.7 billion.

The resolution says that in reviewing the facts of the case the Town judged it would be less expensive to settle than to litigate.  It was unanimously passed 5-0.

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