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Friday, September 5, 2008 12:23 PM EDT
Gilbane willing to reconsider terms of $30M school project


Gilbane is open to reconsidering the terms of its partnership with the town according to one company representative.

The construction management firm apparently under contract for the school district’s master building plan is open to reconsidering the terms of its partnership with the town, according to one company representative.

Mike Kennedy, vice president of Gilbane Building Company, told School Committee members Wednesday that he wanted to “express our [the company’s] willingness to take a look at this contract.”

The contract signed between Gilbane and the town in September 2002 specifies that the “program manager shall work for the benefit of the owner until completion of all phases of the master plan.”

The Vision 20/20 school building plan was originally presented to the public as a three-phase project: the construction of a new middle school and high school renovations; more high school renovations; and elementary school renovations.

“We understand … things change, people change,” Kennedy said, joined by colleague John Senate, the firm’s district manager for Rhode Island. “We’re willing to take a look at this contract and make modification to it to reflect current thinking.”

He said the 140-year-old firm is among the largest builders of educational facilities in the country and currently has 19 school building or renovation contracts under way in New England.

Kennedy told board members that the company responded in 2002 to a Westerly request for proposal to serve as the program manager for “all phases of the Vision 20/20 master plan.” The contract was executed — between Gilbane and the town — in September of that year under the same terms, he said.

Voters ultimately shot down the accompanying bond referendum in May 2008 and the $30 million question for renovations to Westerly High School will be back on the ballot on Nov. 4.

School board member David Patten thanked Kennedy for his comments, which he said demonstrate the Providence firm’s openness to discussing and reconsidering the terms of its contract with the town.

“I think it just speaks to the notion … every dollar less we spend on legal fees is a dollar more we can put into the project,” he said.

At a past meeting, Patten described the contract as “flawed.”

Schools Solicitor William Nardone told board members at that time the town could potentially face a lawsuit if it proceeded with the project using a different project manager, should voters approve the bond referendum in November.

He clarified Wednesday that he was not going to issue a written opinion on the matter to the school board. He said Gilbane officials have said the contract remains in full force and effect, while the town could argue that may not be the case, partly because of the previously defeated referendum.

Board member James Murano Jr. said on Wednesday, “That’s not something we’re living by.We already made a statement that we’re going to go out and bid should that referendum pass.”

He added, “We’ve made a commitment to move forward with bids for this project and I hope that’s understood moving forward.”

Meanwhile, a bond referendum subcommittee created by the school board directed Schools Superintendent Thomas DiPaola to contract North Stoningtonbased A/Z Corporation to conduct a cost analysis for the proposed scope of work at the high school’s two buildings. A/Z Corporation served as the project manager for the new Westerly Police Headquarters.

School board members reviewed a draft report, 75 percent complete, from A/Z Corporation that put the cost for the proposed work between $20.2 and $24.7 million. That document divided proposed work into four categories: health and safety, teaching and learning, efficiency and conservation and soft costs.

Patten said of the cost figures, “These are not carved in stone. This is an estimate of probable cost.”

He added, “I think it’s encouraging that a fresh set of eyes has looked at this and come up with a number that’s less than $30 million.”

Patten said the subcommittee expected to bring a final document to board members within the next few weeks.

Patten, speaking as a citizen during open forum, said he has had good professional experiences with Gilbane in the past and described the new middle school as a “fantastic” facility.

“I would hate for the bond to be defeated because of misinformation,” he added.

Resident Fred Sculco asked board members, “Have we written a contract that will continue for 15 or so years without knowing whether or not we are obligated to it?”

During a requested open forum at the end of the meeting, Sculco questioned how the board could “give out” the contract without getting second or third bids — although the contract was signed by town officials and a resolution passed by the Town Council at that time.

He told board members that money should have gone to the children to cover educational costs. “It doesn’t belong in some contractor’s pocket because they got a wrap-up bid,” Sculco said, and moved on to address other topics.

In reaction to some of the statements, School Committee Chairwoman Nancy Burns-Fusaro responded, “I feel a little ambushed here, setting up this special time to be hammered.”

The discussion subsequently dissolved into a spat among Burns- Fusaro, who called the “harsh criticism” unwelcome; Sculco, who said his words had been “misinterpreted;” and resident Philo Willetts, who defended Sculco’s comments and told Burns-Fusaro she was “inadequate and insecure” as she exited the meeting after adjournment. 


re: ming, pod, soupy wrote on Sep 11, 2008 9:08 AM:

" People have had enough. Time for new perspectives. The "rant" referred to is an obvious reference to the chair of the school committee. In the Navy, if something goes wrong (SNAFU) it is the captain's responsibility. Time for a new captain of the school committee, ONE WHO IS SERIOUS ABOUT LISTENING TO US!!!! "

Local wrote on Sep 11, 2008 8:35 AM:

" NO WAY NO HOW........ "

Sir William Boom Bahts wrote on Sep 11, 2008 8:28 AM:

" I am not sure who "ming pod soupy" is but I sure do like the straight forward approach she/he has taken on this topic. He/she also seems to understand the root cause of the failures with this system. It is apparent that the town's folk in general are sick and tired of the performance of the school board, administration, and the legal representation currently in place. It is truly a shame that there is no place to go with these concerns. Nepotism, back door deals and the like are going to keep this school system in the proverbial "toilet" for many years to come...shame...shame....shame!!!
Ming Pod for School Committee President!!!! "

ming, pod, soupy wrote on Sep 11, 2008 6:47 AM:

" Dear "Re ming, pod, soupy", Apparently, at 1:52 A.M. when most hard working people are sleeping, you decided to weigh in and write a response(perhaps after too much wine) because the truth hurts. Get some sleep and wake up and smell the coffee! Intelligent folk have had enough and are sick of the non-productive process that has existed under this present administration. As someone remarked once, "this is an upside down town where those at the bottom of the food chain have all the power"... "

Re: ming, pod, soupy wrote on Sep 11, 2008 1:52 AM:

" Are you the town buffoon or what? That's some rant you got going there. The only take home message I go out of that whole thing was that you are pro-Patten. I'm still trying to figure out why people would have such a hostile attitude towards the School Committee who's primary responsibilities directly effect the welfare of the children of Westerly and, to a degree, the welfare of the Town itself. "

Term Limits wrote on Sep 10, 2008 10:08 PM:

" Don't like your elected officials? Vote them out! Pick the ones you want and bullet vote. You don't have to vote for 5 or 7 people. Vote for 2 or 3 who are serious about doing things right!! "

Thomas Pane wrote on Sep 10, 2008 10:04 PM:

" If the contract is valid, negotiate with Gilbane. If the contract is not valid, go out to bid as the school committee intends. Either way, Westerly gets competitive pricing. "

ming, pod, soupy wrote on Sep 10, 2008 8:55 PM:

" I do believe that an informed public has quite nearly "had enough" of the present monarchy. Fortunately, intelligent folk like Mr. Patten appear to at least wish to ferret out the truth as opposed to adhering to the constant bumbling around process utilized by those in present "leadership" positions. When competent individuals who actually know something are allowed to act without having to cower to the likes of folk who would titillate us with scintillating snippets of "front porch news", then perhaps the waste will cease.PLEASE, you have "served" us enough. Begone on behalf(accent on half) of Sir William... "

Re: Fake Accent wrote on Sep 9, 2008 12:32 PM:

" Correct, elected officials are expected to serve their constituency. THEY ARE NOT EXPECTED TO BE VERBALLY ASSAULTED BY THEM. Sculco needed to come before the School Committee and behave respectfully, that didn't happen. At that point, he should have been removed from the committee chambers for disturbing the peace. Case closed. These people are public servants and should be treated as such with the utmost respect!! "

Fake Accent wrote on Sep 9, 2008 10:38 AM:

" The thought of a board member to sit before the public they are apointed to serve and complain about "being ambushed" is rediculous. Mrs. Burns-Fusaro should be pleased that there is community involvement and a check/balance dynamic. She has no right to be offended. Her role is to LISTEN and SERVE...not disrespect the people that have apponted her to SERVE. This is not a Watch Hill tea party and this is not a group of socialites from Newport. These concerns about the contract are presented by tax-paying Westerly residents. Mrs. Burns-Fusaro LISTEN to the people and SERVE the people, this is what you are in this position to do!!! "

You people sound like children wrote on Sep 8, 2008 7:03 PM:

" Thank God and the constitution for most of you living here in the US and having the right to put your garbage out there, that is freedom of speech. How many of you who complain every time there is an article about education actually showed up at the last school board meeting and heard the folks from Gilbane speak? I bet a lot of you didn't know they were the folks who built the Middle School and made improvements years ago in front of the high school...of course not, it is easier to smear via the press than show up to a meeting, confront those who are trying to get things done and speak your mind. Please, continue not to execute your right to vote these folks out or keep them in and instead whine and complain about how terrible things are in Westerly...pathetic! "

I HAVE FAITH! wrote on Sep 8, 2008 1:14 PM:

" That the people will say NO on November 4th to the bond which translates to a GREAT BIG - NO - to GILBANE. "

Have Faith! wrote on Sep 6, 2008 1:34 PM:

" Either the economy or this election season or both has got people fired up. When have you seen so many people willing to run for public office in this town? Finally some people are serious about running this town right. Vote for them and vote for the high school referendum! IT IS DEPERATELY NEEDED!!!!!!!!!!! "

Baby & The Bathwater wrote on Sep 6, 2008 1:28 PM:

" Things are changing on the school committee and town council, and hopefully new people after election day will start to set things right. Let's not throw out the baby with the bathwater by punishing current and future students by poor judgement of past decision makers. "

Re: Another parent wrote on Sep 5, 2008 9:29 AM:

" 'affluent neighborhoods'? If it were up to the people in the 'affluent neighborhoods' Westerly would be in a bigger crisis than it is now. Lets face it, The reason were in a pinch primarily is because of the poor economy, it's not about what some penny pinching cheapo see's as poorly spent funds. The Federal government has less to give to the States and the States have less to give to the towns, not to mention RISC types that motivate to public to DENY any type of budget no matter how large. It's time for you to wake up and see what's happening around you! "

shoreline dogwatch wrote on Sep 5, 2008 9:21 AM:

" With Gilbane in the picture there is no chance of this bond passing. Without them there's only a slim chance but a least a chance. "

another parent wrote on Sep 4, 2008 11:06 PM:

" Just how are we supposed to afford yet another tax rate hike? We are paying out the nose for gas and oil, living on hot dogs and mac and cheese, sending our kids to school in hand me down, borrowing to afford to pay our medical insurance. Westerly is bled dry. Take a drive around town and see how many places there are for sale or for rent. No one can afford to rent here, let alone own a house. And now you want more money???? It's about time the powers that be (who live in the more affluent neighborhoods) get out into the real Westerly and realize we are done with their foolish spending. "

Contractual Obligations wrote on Sep 4, 2008 10:10 PM:

" The Town and Gilbane signed a contract, unless there is a dissolution clause, the contract is legally binding. Now if Gilbane says they can cut between 6 and 10M off the project, Thank them and be happy! "

Douglas wrote on Sep 4, 2008 5:35 PM:

" Gilbane wants $$$$$$$$$$$$$$$$$he will do anything to get it!!!!!!!!!!!!! "

Westerly Parent wrote on Sep 4, 2008 4:28 PM:

" I am a parent and taxpayer. I will vote NO on Nov. 4th. I do not even know where to begin to describe everything that is wrong with this project. I cannot afford any more taxes. I am extremely angry that my money has been wasted on such poor planning. I am not going to be sold another bill of goods by this group. Too bad if you do not like "harsh criticism"! "

THANKS, BUT NO THANKS wrote on Sep 4, 2008 1:43 PM:

" Since Gilbane already has 19 projects underway in New England, then most assuredly the company will not be too upset when the voters say "No" on November 4th, 2008. THANKS, BUT NO THANKS. "

Bradford Parent wrote on Sep 4, 2008 1:37 PM:

" atty. nardone has no guts..he should of ruled in favor of the town---not gilbane..he needs to be replaced fast "




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