THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, July 14, 1995 TAG: 9507130156
SECTION: VIRGINIA BEACH BEACON PAGE: 06 EDITION: FINAL
TYPE: Editorial
SOURCE: Beth Barber
LENGTH: Short : 47 lines
Precisely why the schools rented part, then all of Celebration Station, optioned to buy it, renovated much of it yet in three years never used more than half of it has caused some confusion and consternation.
As unclear as how the board got in-to Celebration Station is how it will get out. The lease termination clause reads: ``Tenant has the option no later than May 31st of each lease year to give Landlord written notice of its intention to terminate this Lease 90 days there following, if funding is not available for its program operating in the Premises, without penalty and with no further obligation.''
In May the city refused then-Superintendent Faucette's fervent request for funds to buy this building. The School Board appropriated none to rent it and gave notice to terminate. But nothing that could mean stiffing either taxpayers or a contractor for taxpayers' money for some $1.8 million can be that simple; the matter is in the lawyers' hands.
The city attorney rendered an opinion; the School Board has hired an outside attorney for a second opinion. If it's cheaper to settle than to fight, what should the board do? Remember that settling because of cost rather than fighting on the merits encourages future, meritless claims - and does diddly for public confidence in a board short of it now.
Meantime, determining whether existing procurement law was followed in this instance is also a matter for this board. Member Van Spiva has requested an opinion on that from the State Board of Education. Several members now on the Beach School Board were on it as well when Dr. Faucette first brought Celebration Station up; if rules prevent their enlightening the public on board participation in that transaction, can't they at least enlighten the lawyers and members elected or appointed to the board since then?
Determining whether oversight is adequate for negotiating, writing and signing leases is also in School Board hands. While its members are at it, they can review how schools select and buy school sites: The price and location of the new Linkhorn elementary site, relative to other available properties, and the board's dogged pursuit of it, have raised questions in the community. The deal's done. Will the board respond? by CNB