Minutes January 25, 2019

OFFICIAL MINUTES

CHAPPAQUA CENTRAL SCHOOL DISTRICT
BOARD OF EDUCATION

Friday, January 25, 2019
Education Center
and
Holiday In Express - Main Lobby, 1400 G.A.R. Highway,
Route 6, Swansea, MA

Present:  Board of Education
    Warren Messner, President 
    Holly McCall
    Jeffrey Mester
    Victoria Tipp
Absent: Jane Kimmel Shepardson, Vice President 

Staff Members:
    Christine Ackerman, Superintendent of Schools
    John Chow, Assistant Superintendent for Business
    Liisa Elsner, District Clerk

President Warren Messner called for a motion to convene the public meeting at 8:00 am.

Motioned by Victoria Tipp to convene the public meeting at 8:00 am.  Seconded by Warren Messner.  Motion carried 4-0.  Board Vice President Jane Kimmel Shepardson was absent.

2.       Pledge of Allegiance

3.       Adjourn into Executive Session

BE IT RESOLVED THAT, the Board of Education will adjourn into Executive Session to discuss litigation. 

Motioned by Warren Messner to adjourn into Executive Session as stated above.  Seconded by Victoria Tipp.  Motion carried 4-0.  Board Vice President Jane Kimmel Shepardson was absent.

4.      Re-convene Public Meeting

Motioned by Victoria Tipp to re-convene the public meeting at 8:10 am.  Seconded by Jeffrey Mester.  Motion carried 4-0.  Board Vice President Jane Kimmel Shepardson was absent.

5.      Recommended Action:  Other

5.1    WHEREAS The Chappaqua Central School District (“District’) District and Dobtol Construction, LLC (“Dobtol”) entered into an Owner-Contractor Agreement dated November 1, 2017 for the performance of General Contractor services for capital improvements at the Robert E. Bell Middle School (SED #66-10-04-06-0-009-021) and at the Seven Bridges Middle School (SED #66-10-04-06-0-036-004); and

WHEREAS Dobtol has failed to perform the work required of it under the terms of the above mentioned agreement regarding both of the projects as referred above, including the abandonment of the work that Dobtol had agreed to perform; and

WHEREAS with Dobtol being in default of its contractual obligations regarding the projects described by SED numbers as stated above, its performance bond surety, Bondex Insurance Company (“Bondex”) by letter dated January 17, 2019 advised the District that Dobtol is unable to complete the projects covered by its November 1, 2017 Agreement with the District.

NOW, THEREFORE, BE IT RESOLVED that the District hereby terminates its November 1, 2017 Agreement with Dobtol, based upon Dobtol ‘s breach of contract and abandonment of the work required for the completion the projects at the Robert E. Bell Middle School (SED #66-10-06-0-009-021) and the Seven Bridges Middle School (SED #66-10-04-06-0-036-004), effective immediately; and

BE IT FURTHER RESOLVED that the Board of Education directs the Superintendent of Schools and her designees to make arrangements with Dobtol’ s surety, Bondex, for the completion of the above-mentioned projects in accordance with Bondex’s obligations owed to the District pursuant to its Performance Bond, AIA Document A321-2010, Bond No. 10085825, as issued pursuant to the above-mentioned November 1, 2017 Agreement between the District and Dobtol.

Motioned by Jeffrey Mester to approve Item 5.1 as stated above.  Seconded by Holly McCall.  Motion carried 4-0. Board Vice President Jane Kimmel Shepardson was absent.

6.      Notice of Future Meetings

Wednesday, February 13, 2019 7:30 pm
Robert E. Bell Student Presentation
Horace Greeley High School – Academic Commons

Wednesday, March 6, 2019 7:30 pm
Seven Bridges Middle School Student Presentation/Superintendent’s Budget Proposal
Horace Greeley High School – Academic Commons

7.      Adjournment 

Motioned by Warren Messner to adjourn the meeting at 8:12 am.  Seconded by Jeffrey Mester.  Motion carried 4-0.  Board Vice President Jane Kimmel Shepardson was absent.
 

Respectfully submitted,

Liisa Elsner
District Clerk / Secretary to the Superintendent

/lke