By:Anthony Rifilato
At its meeting last week, the board passed a resolution requesting that Sens. Charles Fuschillo, Dean Skelos and others sponsor legislation that would specifically exempt the district's bond initiative from the Wicks Law, which requires that multiple contractors be used on building projects that exceed $50,000 and can ultimately increase construction costs up to 30 percent.
"They have to, on our behalf, introduce legislation to exempt us for this project," said school board President James Scannell, explaining that the district stands to save over $6 million if it is granted an exemption.
The bond, which residents voted for last month, would upgrade the district's infrastructure over the next three years, a move that was mainly the result of changes to state building aid.
School officials said that Wicks Law, a 90-year-old state statute that was never adjusted, is an archaic and austere mandate that makes construction projects more expensive, because it requires four or more separate contracts to be bid instead of one for a general, or prime, contractor.
This means that school districts across the state must coordinate the work of plumbers, electricians and the overall general construction rather than hiring a single, general contractor to coordinate the projects efficiently.
"You wind up being required to hire several different contractors to do different pieces of the project," said Scannell. "When it is compacted, you can do a better job."
For example, school officials said, under Wicks Law the general contractor has no authority to coordinate the work of various other contractors, because they are not traditional subcontractors but rather prime contractors, who report directly to the school district. This results in increased construction costs, project delays, miscommunication and errors that cost schools money.
In an interview after the board meeting, Fuschillo also said that Wicks Law is outdated and should be repealed, adding that the issue has been an ongoing discussion in the state Senate. "We're trying to repeal the Wicks Law," he said.
Fuschillo explained that at the very least, the $50,000 cap on projects should be raised in order to give schools more flexibility when it comes to hiring contractors. "We're trying to raise the cap or eliminate [the law] all together," he said. "I think it's important to raise the cap. It gives schools a little more flexibility."
When told about the board's request, Fuschillo said he is aware of Baldwin's and other school district's feelings about the law. "We know it's a concern for [Baldwin]," he said. "Not just Baldwin, but schools across the state."
A spokesman for Sen. Dean Skelos, Tom Dunham, said that they also have yet to receive a request from the district, though he said that there are bills being introduced in the senate that could help other schools who have requested exemptions.
"There are similar bills that have been introduced to provide exemptions to school districts," Dunham said. "Once the Baldwin School District reaches out to us, we'll take a close look at it."
Dunham said that similar exemptions were granted for Niagra Falls and New York City for specific projects, the costs of which he said probably exceed Baldwin's $26.9 million.
Scannell said that the board was taking a chance by requesting a specific exemption for the bond if not for the regular school budget. "We figured if you don't ask, you don't get," he said.
At the meeting, Superintendent Kathy Weiss' reasoning for requesting an exemption was simple as well. "If we can realize any savings on our bond, it would be to the great advantage of our taxpayers," she said.
