Potsdam Central School is
among three entities named in a complaint to the NYS Comptroller. The
complaint, recently filed by Richard and Jane Hollister, centers around the use
of public monies to build and support the Building Blocks Day Care Center – formerly known as Potsdam Day Care Center (PDCC). The Hollisters allege “financial
misconduct, false statements to taxpayers, and pure fabrications.”
According to the complaint, “Financing for the
facility was to come from $330,000 in Community Development Application funds
through the Potsdam Village and $170,000 in HUD funds.” At the time, the
Hollisters challenged the legality of the deal via a complaint to the NYS
Commissioner of Education. The Commissioner found for the district because, in
a sworn deposition (from the then superintendent and Board president) sent to the Commissioner, it was
stated that the benefit to the PCSD (a legal requirement) was that after two ten-year
leases (the maximum permissible by State Ed. Law), the school district would
own the $500,000 building free and clear.
Near the end of the first
ten-year lease, in 2003, the Hollisters approached then PCSD Superintendent of
Schools, Sylvia Root, and told her that the paperwork signed by the
BOE back in 1993, made the PCSD co-signers to the day care center’s loans - a violation of NYS Education law. Thus, the daycare center, with a history of insolvency, could walk away from its mortgage debt at the end of the second ten-year lease and hand the
building and the debt (hundreds of thousands in remaining mortgage) to school district taxpayers. Attorneys for the PCSD found that the Hollisters
were correct in their assertion and, subsequently, legal agreements were drawn up by school district attorneys to ensure that
the PCSD taxpayers would not be liable (at the end of the second lease period - 2013) for unpaid Building Blocks mortgage obligations.
The day care center is now
nearing the end of its second ten-year lease and its officials have publicized that
they will build a new million-dollar daycare center. That leaves the PCSD with a building, the daycare heading on
to bigger and better - despite not coming close to paying its current mortgage, and the Village with a huge unpaid debt.
As a post script, on 11/2/09 the Village of Potsdam "adjusted the original principal amount of a loan made to Potsdam Day Care, Inc. and its successor - Building Blocks, Inc. to $330,000. Further to alter the terms of the loan to zero percent interest as per the leasehold mortgage modification agreement signed on June 8, 2004. The total amount of payments made toward this loan shall be deducted from this principal resulting in a loan balance of $242,426.34 as of October 31, 2009." The interest on the mortgage appears to have been forgiven.
As a post script, on 11/2/09 the Village of Potsdam "adjusted the original principal amount of a loan made to Potsdam Day Care, Inc. and its successor - Building Blocks, Inc. to $330,000. Further to alter the terms of the loan to zero percent interest as per the leasehold mortgage modification agreement signed on June 8, 2004. The total amount of payments made toward this loan shall be deducted from this principal resulting in a loan balance of $242,426.34 as of October 31, 2009." The interest on the mortgage appears to have been forgiven.
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