Jane Woodward and the 3 who voted yes should be responsible for paying the settlement, not the taxpayers. Jane's been out for a few years now and she still manages to screw Amherst.

AMHERST
Street-lighting suit to cost $150,000
By Sandra Tan NEWS STAFF REPORTER
Updated: 01/17/08 7:06 AM

Two years ago, the Amherst Town Board thought the town might save a lot of money if it took over the street-lighting system it leases from National Grid. The idea went nowhere, but it appears the town will have to pay $150,000 for seriously considering it.

Officials expect to end 17 months of litigation Monday by approving a settlement with Custom Lighting Services. The suit stemmed from the town’s failure to complete a deal with the company to take control of the streetlighting system after signing agreements to do so.

The Town Board had looked into taking over the street lights it leased from Niagara Mohawk, now National Grid, back in 2005, said Town Attorney E. Thomas Jones.

Custom Lighting Services, based in Kansas City, agreed to do a feasibility study, create a detailed inventory report of the town’s light standards, and, if the town could indeed save money by buying and maintaining its own street lamps, the company would negotiate a purchase from the utility, Jones said.

Custom Lighting would then have been contracted to maintain the town’s lighting system.

The board voted, 4-3, to enter into contracts with the company but never gained the fifth vote needed to approve a $12 million bond resolution that would have been necessary for the takeover, Jones said.

The town argued that payment for Custom Lighting’s services and the takeover of the street-lighting system were contingent on the approval of the bond sale, which never took place.

Ultimately, the town cut ties with Custom Lighting Services without paying the company, Jones said, but by then, the company had already done a year’s worth of analysis for the board and continued to demand payment.

In June 2006, the company filed a $2.2 million suit against the town for work already completed on the town’s behalf, loss of other business opportunities, punitive damages and attorney fees.

A federal court decided in December that Custom Lighting was not entitled to punitive damages or attorney fees, Jones said. The balance of the suit went to arbitration.

The company has now agreed to settle for $150,000, said Jones, who had discussed the details of the proposed settlement in a closed session with the Town Board on Monday. The board is expected to vote on the settlement at Tuesday’s regular meeting.