By Jackie Pierangelo
For a few reasons, school board member Dean Nardone proposed an alternate facilities plan at the school board's regular meeting on April 13. His plan includes expanding and renovating Weber into a 1,200 student middle school (6-8), five K-5 schools which includes Salem at a 500 student enrollment, and Schreiber expansions and renovations.
Essentially, Mr. Nardone stated that while he's convinced that the original plan is absolutely the best one educationally for the youngsters, the board must consider "the overall economic picture" and not allow "the (school) facilities to drain the town of its other facilities." Reacting to opposition to the $75 million bond expressed by many residents, he also doesn't want to spend money to have the architect design a proposal that won't get passed by the voters. Additionally, he fears that a viable plan won't be in place by the fall of 2001 and that the community is being divided.
Board member Sandy Ehrlich recalled that when the architect did one of the original studies to determine whether Weber could be used as a middle school for 1,200 students, he determined that Weber may not be able to accommodate the program in an appropriate way. She recalled that the cost to do this would have been more than $7 million. She also noted other problems with this option that include lack of field space and traffic. (It's projected that by the end of the school year in 2007, 700 more students will be on Campus Drive.)
Another problem she said is what to do with the middle school students while the building is under renovation/construction.
On a more philosophical plane, Mrs. Ehrlich stated that she's "not ready to give up on doing the right thing yet."
Board member Nancy Cowles said that she'd have to investigate the matter further, but feels that Salem at 500 students is too much for that site.
Board President Robert Scheer polled the board which voted 5 to 2 to deny Mr. Nardone's motion.
Board member Richard Sussman voted for the alternate proposal along with Mr. Nardone, even though he found fault with it. He also criticized Mr. Nardone, telling him that "talk is cheap" and then tried to castigate him for voting for the original plan.
Prior to proposing his alternate plan that includes a 6-8 middle school, Mr. Nardone presented another plan to his colleagues for consideration. This one called for five K-6 schools, a junior high (7-8) and an upgraded and expanded Schreiber High School.
This plan had two main problems. One was the amount of time it takes to get administrators and teachers on board with a change in grade level configuration like this one. The other involved the inappropriateness of designing an educational program around a building you have, instead of vice versa.
Updating the enrollment situation, Superintendent of Schools Dr. Al Inserra reported that the incoming kindergarten class is the largest in 20 years and currently exceeds the original projections.
In defense of the board which was under attack by several audience members, Dr. Inserra commented, "This board is trying to do what's right." Alluding to the raised voices and shouting out by some audience members at the meeting, the superintendent said that "It doesn't help to raise the volume. Let's get back to why we're all here."
The board did vote to move forward on two buildings which are not affected by a final decision regarding the middle school in the facilities plan. At the next meeting, they will approve funds for architectural drawings for the Schreiber High School renovation and expansion and for a new/or renovated Daly to accommodate 600 students.
At the April 6, a petition with 1,030 signatures was presented to the board asking that a proposition be placed on the May ballot stating that the school will upgrade, expand and renovate the existing educational facilities to the exclusion of building new schools, in order to allow for the projected increase in school enrollment through the year 2005.
At the April 13 meeting, resident Wendy Cohen, arguing for the proposition to be included on the ballot, quoted the following from NY State Election Law: "The object of the election laws is to secure the rights of duly qualified voters, and not to defeat them." She asked that each member individually explain their vote on the petition.
She also believes that people petitioning a board of education seem to have a right to vote on options. She bases this on a 1962 appeal (James K. Gannon et al., 1962, 2 Educ.... Dept. Rep. 381)., a copy of which she provided to the Port News, that states that a board of education erred in refusing to call a special district meeting to vote upon alternate building plan on petition of voters since the power and duty to choose between two alternate building plans rest in the voters.
However at the April 6 meeting, board member Dean Nardone asked administration to obtain a legal opinion from the district's counsel, Florence Frazer of Ehrlich, Frazer and Feldman, before the board voted on the request made in the petition. That opinion, read at the April 13 meeting, is as follows:
"Specifically pursuant to education law 1709, the initial decision whether to build a new building or to renovate/repair existing buildings in order to accommodate projected enrollment needs rests with the board of ed. This proposition which seeks to limit the board's options removes the decision-making power from the elected board members and attempts to place it in the voters' hands. This cannot be. Moreover, the commissioner has consistently indicated that 'advisory' referenda are inappropriate."
Board member Sandy Ehrlich spoke against this action for non-legal reasons. She said that we live in a representative democracy and that voters elect candidates to do a job. For the past year and a half, "We've read all the reports and talked to staff and experts," she noted. "Do 1,030 people know categorically what's best? Do they have enough information? I haven't seen 1,030 people at these meetings. I believe we're trying to do the right thing. Part of our job over the next year is to inform you."
She, Nancy Cowles and Bob Scheer stressed that residents who vote ultimately determine whether the bond passes or not.
Board member Richard Sussman commented that he thought the district counsel's letter was "not clear."
The board voted 5-2 to not include the proposition of the ballot, with Mr. Scheer and Mr. Sussman voting to place it on the ballot.
Mr. Scheer advised the petitioners that they could appeal the board's decision to the State Education Commissioner.
Former school board member Debbie Lefton challenged the legality of a classified ad placed by the school district in the New York Times seeking to hire a Public Information Project Consultant for a bond issue. The job description reads "a consultant or agency to design and implement a bond referendum campaign for a large bond that will finance major renovations and new construction." It continues "Candidates must have prior experience in bond issue campaigns and be able to build community support, and interact with local and regional media."
Mrs. Lefton believes that this violates the prohibition against use of school funds to exhort the electorate to support a particular position.
Some opponents of the $75 million bond are angry at this action taken by the board because they say that, in addition to having their own tax dollars being used to promote the expensive bond they oppose, they also have to use their own resources (i.e. phones, mailings etc.,) to advocate and marshal community and board support for a facilities plan with a lower price tag.
Others feel that the consultant's job will be just "spin doctoring."
Explaining the board's position, Dr. Inserra acknowledged that the board cannot spend public money to encourage voters to vote in favor of a bond. However, boards may provide the voters with factual information about the bond and specific information about the effects of a bond's adoption or defeat in order to help them make an informed decision.
He noted a specific complaint he received about the wording in the ad which reads that the district is seeking a consultant to "help build community support." He said this part of the job description has to be viewed in the context of simply looking for someone. As a practical matter, he said, "We don't want someone who hasn't had success. That would be imprudent."
Clarifying the law further, he said the district cannot use funds to advocate a "yes" vote in materials, publications, press releases, information, phone banks, etc. In his view, "the ad is not a problem, and the hiring is not illegal. It's what we do with the consultant once he/she is hired. Wait to see the work," he said.
When asked by Mrs. Lefton how much the board plans to pay the consultant, she was told $10-$15,000. Asking a rhetorical question, she said, "How many experts are we going to hire?"
The award of the bid for the reconstruction of glulam frame at Guggenheim School drew fire from Mr. Sussman who, recalling the CAC report, complained that he hadn't seen the contract. Assistant Superintendent for Business Larry Blake advised Mr. Sussman that the contract is drawn up after the board approves the bid, but that the specs and bid are always made available to board members beforehand.
Sussman asked if any board members had looked at them. Mr. Blake said that he knew for certain that Mrs. Cowles had, but as he isn't always in his office, he didn't know who else on the board had.
The final disposition of the availability of sewer and water service at the 41 acres in Port North and the Guggenheim property is still pending.
Speaking as a board member and representative of the Chamber of Commerce, Gould "Stretch" Ryder," while recognizing the weight of the decision resting on board members' shoulders and acknowledging the need for facilities upgrade and expansion, stated that "a $75 million cannot be the only solution."
Mr. Ryder told the board that while the residential tax is based on a $10,000 assessed valuation, the assessments of the businesses in town are three times that amount. He said this new burden will have a detrimental effect on businesses. He asked that the board "look at the consequences---the ripple effect on the seniors and the degradation of the large and small business infrastructure in town."
Jerry Morea said the district should reconfigure into a K-6, 7-8 Jr. High and 9-12 senior high model. Noting the excellent achievements of students who have graduated, he pointed out that these youngsters all went through a grade 7-8/ and nine through 12 grade configuration quite successfully.
He asked that the board be more fiscally conservative. "You can't have everything you want. It's a mega-project," said Mr. Morea. With interest and other fees, he estimates the cost to be over $110 million.
Reviewing his issues with the plan, he said, "Salem is lost. Weber is not a good spot for a K-5 school. The seniors will flee, selling to young families, which will increase the enrollment even more. And, the businesses are already overtaxed."
Like Mr. Morea, Peter Meyer said he believes several costs have not been included in the $75 million figure, and he wants to see Salem opened.
Criticizing the board, Rachel Schweitzer said "They're going to do whatever it is that pleases them." In her characterization, the board has "antagonized" several groups in town among which are, the Terrace, Sands Point, seniors and the residents who want to reopen Salem.
Citing previous "lax enforcement" of construction contracts, Herb Cohen called the board "foolhardy" to take on a project of this size.
Several Manorhaven parents passionately implored the board not to eliminate an additional Reading Recovery Program teacher included in the proposed 1999 budget. Many spoke of the positive educational value this program provides for students learning to read in the lower grades. They noted that intervention at the early levels helps prevent reading problems in middle school.
Teacher Tessa Jordan called the program successful and asked that the additional reading teacher at Manorhaven be included in the new school budget.
It appeared that the board will most likely include the additional teacher in the final budget for '99.