The Elma Town Board has delayed awarding a contract on the New Bullis Road reconstruction project. Board members meeting Wednesday had expected to award the contract but instead went into executive session.
At issue is the business submitting the lowest bid -- Greenauer Development, at $436,400.
Town officials want company owner Tom Greenauer to also comply with a 2008 agreement to provide $40,000 of in-kind services. The agreement was negotiated between Greenauer, residents, the town and the courts. In return, Greenauer was granted a business-use permit to move his business from his old site on New Bullis to a South Blossom Road location.
The move was rejected after South Blossom residents complained that the presence of Greenauer's construction equipment would make bad road conditions worse and result in noise.
The town was then sued, but the issue never went to trial when Greenauer agreed that, in exchange for the permit, he would perform $40,000 in remedial work on South Blossom to alleviate drainage problems, with the town picking up labor costs.
The project, however, never was done.
For his part, Greenauer maintains his bid on the New Bullis project includes the $40,000 of in-kind work promised to the town. Town officials, however, said the in-kind service is a separate issue.
Meanwhile, Greenauer's attorney, Ralph Lorigo, and the board plan to meet on the issue Tuesday.
If an agreement is not reached, the next lowest bidder is E & R Construction of West Seneca.
And if Greenauer loses out on the New Bullis contract, he still owes the town $40,000 in in-kind work, town officials say.