Recently, my friend Dave Sutton suggested that we investigate the idea of consolidating the K1 [Hemlock, Homestead and Locust] schools and putting them in the St. Paul's building. In point of fact, such a use is illegal. The New York State Education Law will not permit this to happen.

Back in May of 1995, Brian Deveney, chairman of the Mayor's Committee on St. Paul's, invited the school board to consider the St. Paul's building as a possible solution to the growing problems that were facing the school district. The school board commissioned Thomas A. Polise, consulting engineer, and Polshek Partners and Associates, architects, to make a feasibility study to determine the use of the entire campus as a new high school. Their preliminary report, which was released 15 months later in August 1996, stated that to demolish the building and construct a new high school in its place would cost $29,288,000. If the district wanted to renovate the existing building the cost would be $34,388,000. By the way, way back in 1996, these preliminary cost estimates were vigorously challenged by prominent professionals in the community as being much too low.

Beginning in November 1996, the school board presented its proposed plan for moving the high school to St. Paul's at a series of seven well-publicized meetings throughout the village. Interesting to note, the residents took little interest in hearing about the plan. The meetings were poorly attended and those who did attend expressed what Eastern Property Owners' Association president at the time Steve Dooley characterized as "valid concerns about the feasibility of the project going forward."

Speaking at the Dec. 16, 1996 school board meeting, resident Tom Lamberti, former counsel to the school board for more than 25 years, put an end to the proposal when he challenged the legality of using the historic building for this purpose.

At that December meeting, Lamberti began his challenge by saying he had been struck by a remark made by John Mauk at an Estates POA meeting. "Mauk said the school board should not use educational dollars for historic preservation. That got me to thinking," said Lamberti. Lamberti turned to the New York State Education Law and made the following observation:

Commissioner's Regulation 155.7, Acquisition of Existing Buildings,

(d) The combined cost of acquisition and renovation to the age and condition of the building shall not exceed the cost estimated by an engineer or architect ... to construct a new building having comparable features on a comparable site.

After reading the law to those present at the meeting, Lamberti said "The Board of Education has no authority to proceed with its proposal to spend $35,000,000 to restore St. Paul's as a new high school for the following reasons:

1. It has no power to spend taxpayers' money for historic preservation; and

2. The proposal violates the Commissioner of Education's regulation since the estimated cost of renovating St. Paul's as a high school exceeds the estimated cost of building a new high school on the same site."

In a letter dated Dec. 17, the day after Mr. Lamberti's presentation, then board of education president Pam Morano wrote a letter to then Mayor Richard Benack advising him that the board had decided to expand and renovate all school buildings in place. The plan to move the high school to St. Paul's was dropped.

Eileen C. Murphy