THE VIRGINIAN-PILOT 
              Copyright (c) 1997, Landmark Communications, Inc.

DATE: Wednesday, January 22, 1997           TAG: 9701220378
SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 
SOURCE: BY MARC DAVIS, STAFF WRITER 
DATELINE: VIRGINIA BEACH                    LENGTH:   63 lines

CITY OKS $750,000 SETTLEMENT OVER POOLS ITS LAWSUIT CLAIMED THAT AN ARCHITECTURE FIRM'S DESIGN OF REC CENTERS WAS FLAWED.

After spending $2.2 million to repair swimming pools at three recreation centers, the city has accepted a $750,000 settlement from the architecture firm that designed the centers.

The city had sued Krummell & Associates, a Virginia Beach firm headed by former city Planning Commissioner Charles R. Krummell, in 1994. The city claimed that Krummell's designs for the Great Neck, Bayside and Princess Anne recreation centers were flawed.

Krummell claimed there was nothing wrong with the design, that the problem was improper maintenance by the city. The company did not admit liability in the settlement.

``We're glad the case is over with,'' said Krummell's attorney, James E. Brydges Jr. ``It's been rather traumatic for everybody.''

The city received a final court order dismissing the case Tuesday, but the settlement was in the works for months. The City Council approved it in November and received the money in December.

The pool problems did not threaten public safety. They generally involved poor ventilation and high humidity, which caused corrosion in and around the pools.

To correct the problems, the city had to install waterproof lights, hang new ventilation ducts and cut holes into several walls in pool areas to provide ventilation and reduce humidity.

The repairs cost about $2.2 million, said Assistant City Attorney L. Steven Emmert. More than half of that went to the Great Neck center, which was the first of the three built. It opened in 1990.

The Bayside center opened in 1992, followed by the Princess Anne center in 1994. Princess Anne was the least damaged because some design problems had been corrected by the time it was built, Emmert said.

The city arrived at the $750,000 settlement this way, Emmert said:

First, the city deducted repairs that were improvements or efficiencies, plus others that would have been made had the pools been built correctly in the first place. That lowered the cost to $1.5 million.

Then the city calculated its chances of winning at trial. It was about 50-50, Emmert said.

Finally, the city knew that Krummell had $1 million in insurance, but not all of it was available for a settlement. Krummell's attorney had to be paid from the same $1 million. That meant that the longer the case went on, the less money was available for a settlement, Emmert said.

The case was scheduled for trial in February.

In court, Krummell had filed his claims against consultants who helped with the recreation center design: Milton Costello, Old Dominion Engineering Inc. and Gipe & Associates Inc. Those claims were withdrawn when the lawsuit was dismissed. ILLUSTRATION: Graphic

THE LAWSUIT:

In 1994, the city sued Krummell & Associates, claiming its

designs for the Great Neck, Bayside and Princess Anne recreation

centers were flawed. The firm's head, former city Planning

Commissioner Charles R. Krummell, claimed there was nothing wrong

with the design, and that the problem was in improper maintenance by

the city.

KEYWORDS: VIRGINIA BEACH CITY COUNCIL SWIMMING POOLS