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St. Basil to File Motion for Additional Counterclaims Against Garrison School Garrison requests summary judgment against St. Basil by Margaret Sternberg
In a meeting otherwise undistinguished, a small item concerning the amending of the counterclaim St. Basil Academy has filed against Garrison drew minimal comment from Superintendent Gloria Colucci during the Garrison Board of Education’s December 20, 2006 meeting.
Superintendent Colucci reported that a conference had been held December 15 with attorneys for the two sides and Judge O’Rourke’s law clerk. The law clerk, according to Colucci, told St. Basil’s attorney that he could not amend his counterclaim to include new claims and would have to file a motion for the additional claims. St. Basil’s attorneys have until January 12 to file their motion.
Colucci noted that Garrison’s attorneys have filed a motion for summary judgment, requesting that the Court grant Garrison’s request for tuition costs to Garrison based upon the Seneca Falls’ formula and that the Court dismiss St. Basil’s counterclaims. Garrison had initially requested approximately $400,000 in reimbursement from the Court, but, using the Seneca Falls’ formula, the costs were recalculated at approximately $590,000.
Later asked when a decision on the Motion for Summary Judgment might come, Vice President Fran DiSarro, an attorney, said there is no time limit within which a decision must be made.
Asked what the St. Basil’s attorney wanted to do to amend his complaint, Colucci replied that she “didn’t know that we can; he hasn’t filed his motion…”
However, the letter to the Court clearly states that “St. Basil has a number of new claims against plaintiff Garrison…for money damages based on past periods during which….St. Basil was entitled to an operating certificate; money damages for education and transportation expenses for the period between the issuance of the actual operating certificate and the trial, and a declaratory judgment that Garrison is obligated to educate the children residing at St. Basil going forward as it does its own - that is, admitting grades K-8 children into its School District, being responsible for tuition to Highland Falls for its high school age children, and being responsible for transportation expenses for all children.” The motion will address these claims.
In other business, the Board approved a proposal from Lisikatos Construction, Inc. to install drainage and pave Nelson Lane for $17,288. The work will not begin until the spring, but the firm has agreed to hold the price. The exception would be the price of paving material rising, in which case it will be passed along to the school. By signing the contract now, the school has guaranteed a place in the firm’s work schedule.
In a recap of a Facilities Committee meeting, Superintendent Colucci noted that the school has $95,000 in state EXCEL aid that must be used by next year for a capital project. The Committee is considering using the money for renovating the roof over the older part of the building due to a persistent and severe leak that the school has not been able to be locate.
The locating of the Lacrosse wall at the north end of the ball field appeared to be likely, and Superintendent Colucci said that the school is proceeding with the steps necessary for installation as well as having contacted their insurance. A maintenance/storage building that would replace the sheds behind the kindergarten classrooms and would be located at the Northeast corner of the school property was also discussed with no decision made. The facility would require electricity and heat and would be 30’ by 40’.
Several reports, including those for the Budget Status, Revenue Status and the Warrant Report (check run) were briefly reviewed. Superintendent Colucci said the school had an unencumbered balance of $1.4 million as of December 12, 2006 and also discussed $33,000 received in state education aid that had not been anticipated.
The Budget Advisory Committee will have its first meeting Tuesday, January 17, at pm. Superintendent Colucci mentioned there are several open seats on the committee and urged people to join.
Also during January, the high school selection process will begin, with Haldane’s Superintendent, Dr. John Di Natale, addressing the Garrison Board first.
Following up on the recent issue of “political correctness” in the school during the “holiday season,” Linda Tafapolsky read to those in attendance the entire version of her letter to the PCN&R in which she urged respect and tolerance for one another’s beliefs, while also urging the separation of church and state.
The next meeting of the Garrison Board of Education will be Wednesday, January 4, 2007, at 7pm.
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