Minutes February 7, 2020

OFFICIAL MINUTES

CHAPPAQUA CENTRAL SCHOOL DISTRICT
BOARD OF EDUCATION

Wednesday, February 7, 2020, 10:00 AM
Seven Bridges Middle School - Blue Conference Room
and
101 Vera King Farris Drive, Galloway, NJ

Presiding Officer: Jane Kimmel Shepardson
Pledge of Allegiance: Holly McCall

Present:  Board of Education
    Jane Kimmel Shepardson, President
    Holly McCall, Vice President
    Hilary Grasso
    Warren Messner
    Victoria Tipp

Staff Members:
    John Chow, Assistant Superintendent for Business
    Joe Gramando, Director of Facilities, Operations & Maintenance
    Liisa Elsner, District Clerk

1.    Call the Meeting to Order at 10:00 am 
President Jane Kimmel Shepardson called for a motion to convene the public meeting at 10:18 am.  

Motioned by Holly McCall to convene the public meeting at 10:18 am.  Seconded by Hilary Grasso.  Motion carried 5-0.

Jane Kimmel Shepardson motioned for the following resolution to be added to the agenda.  Seconded by Victoria Tipp.  Motion carried 5-0.  Jane Kimmel Shepardson read the resolution aloud in its entirety.

2.    BE IT RESOLVED that pursuant to the terms of the of the General Conditions of the Contract for Construction (AIA A232-2009) (“the Contract”) between the Chappaqua Central School District (“the School District”) and MVM Construction LLC (“MVM”), and in furtherance of School District’s letters to MVM, dated October 25, 2019, January 14, 2020, and January 30, 2020, the School District hereby terminates the Contract, effective immediately, that MVM turn over equipment and materials to the School District; and 

BE IT FURTHER RESOLVED, that the School District, in keeping with the School District’s termination of the Contract, and in furtherance of the School District’s letters to (a) MVM, dated October 25, 2019, (b) MVM, dated January 14, 2020, (c) MVM, dated January 30, 2020, (d) MVM’s surety, NGM Insurance Company (“the Surety”) pursuant to performance bond No. S308474 (“the Bond”), dated January 14, 2020,  and (e) NGM dated January 30, 2020, hereby demands that the Surety, as provided in the Bond, promptly, and at the Surety’s expense, take one of the actions set forth in Section 5 of the Bond; and 
    
BE IT FURTHER RESOLVED, that the School District has and will continue to fulfill its obligations under the Bond; and

BE IT FURTHER RESOLVED, that If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven (7) days after receipt of an additional written notice from the School District to the Surety demanding that the Surety perform its obligations under the Bond; without further notice, the School District shall take action to enforce any remedy available to the School District including the commencement of litigation against MVM and its Surety by the School District’s school attorneys Shaw, Perelson, May & Lambert, LLP, pursuant to the terms of the retainer agreement between the District and the law firm.

Motioned by Warren Messner to approve the resolution (Item 2.0) as stated above.  Seconded by Holly McCall.  Motion carried 5-0.

3.    Notice of Future Meetings

Wednesday, February 12, 2020 7:30 pm
Roaring Brook Elementary School Student Presentation
Dr. McGuffog – Special Education Testing Analysis & Best Practices Recommendations
Horace Greeley High School – Academic Commons

Tuesday, March 3, 2020 7:30 pm
Robert E. Bell Middle School Student Presentations
Superintendent Budget Proposal
Horace Greeley High School – Academic Commons

6.      Adjournment 

Motioned by Victoria Tipp to adjourn the meeting at 10:22 am.  Seconded by Hilary Grasso.  Motion carried 5-0.  

Liisa Elsner
District Clerk / Secretary to the Superintendent

/lke