BOARD OF EDUCATION

MIDDLETOWN, NEW YORK

SPECIAL MEETING

MARCH 29, 2004

A special meeting of the Board of Education of the Enlarged City School District of Middletown, New York was held Monday, March 29, 2004, at the Board of Education Office, 223 Wisner Avenue, Board President Robin Markovits, presiding. 

Present: Mr. Crescenzo, Mr. Estrada, Mrs. Knapp, Mr. McCormack,
                 Mr. Perrino, Mrs. Botti, Mrs. Markovits – 7. 

Absent: Dr. Best, Mrs. Elliott – 2.

Others        Kenneth Gray, Acting Superintendent
Present:     Timothy Conway, Asst. Superintendent for Business
                    Thomas Scott, Supt. of Buildings and Grounds
                    John Donoghue, General Counsel

Mrs. Markovits called the meeting to order at 6:30 p.m. She said that this special meeting was called to consider a legislative request regarding the Wicks Law and to have an executive session to discuss the negotiations of a contract.

Mr. McCormack made a motion, seconded by Mr. Perrino, to approve the following resolution:

Whereas, Section 101 of the General Municipal Law, more commonly referred to as the Wicks Law, requires school districts in New York State to prepare separate specifications and to award separate prime construction contracts when the entire cost of a project will exceed Fifty Thousand Dollars ($50,000); and

Whereas, for those construction projects exceeding Fifty Thousand Dollars, schools must award prime contracts for the following three sub-divisions of work to be performed: (a) plumbing and gas fitting; (b) steam heating, hot water heating, ventilation and air conditioning apparatus; and (c) electric wiring and standard illuminating fixtures; and

Whereas, numerous studies have shown that adhering to the multiple prime Wicks requirement can add 15% to 30% to the cost of a project; and

Whereas, the Wicks requirement places school districts in the position of resolving disputes between prime contractors; and

Whereas, the multiple prime requirement is needlessly cumbersome for school district and causes construction delays; and

Whereas, constitution delays may have a negative impact on teaching and learning; and

Whereas, school districts are prohibited from awarding single contracts for capital construction projects; and

Whereas, the New York State Legislature has already amended Section 101 of the General Municipal Law to provide exceptions for the New York City and Buffalo City School Districts; now, therefore, be it

Resolved, that the Board of Education of the Enlarged City School District of Middletown hereby requests Senator (s) John J. Bonacic and William J. Larkin, Jr. and Member(s) of Assembly Howard D. Mills III and Aileen Gunther to immediately move to jointly sponsor legislation specifically authorizing our school district to exercise the option to award one or more construction contracts reflecting the best interest of the school district for the construction project approved by our school district’s voters on December 16, 2003, in the amount of $35,100,000, thereby ensuring the opportunity for our school district’s property taxpayers to realize cost and administrative savings resulting therefrom in an amount estimated to range between 10-30% of the project’s cost otherwise; and be it further

Resolved, that a copy of this resolution be transmitted forthwith to the Honorable John J. Bonacic, William J. Larkin, Jr., Howard D. Mills III, and Aileen Gunther, our school district’s state legislative representatives.

Ayes: Crescenzo, Estrada, Knapp, McCormack, Perrino, Botti, Markovits – 7. Noes: None. Motion was unanimously approved.

At 6:51 p.m., Mr. McCormack made a motion, seconded by Mrs. Knapp, to have an executive session to discuss contractual matters pertaining to the negotiations of a contract with the new superintendent of schools. Motion was unanimously approved.

Public session resumed at 7:55 p.m. There being no further business, the meeting was adjourned at this time.

Respectfully submitted,

Alicia E. Olsen

School District Clerk