Giles County Public Schools Consolidation Study Begins

It may come as a surprise to some of you that the School Board will be beginning a school consolidation study this week.  This study is taking place under the guise of a “facilities study” but is really an attempt to force consolidation of the high schools through the closing of Narrows Elementary and extensive and expensive renovations and reconfigurations to existing schools or construction of a new school.  These expected proposals will likely have radical effects on students on both ends of the County.   

As the objective educational benefits and drawbacks of consolidation are hard to quantify and subjective educational benefits are open to debate, very little traction has been gained by that argument from consolidation advocates.  Historically, consolidation made no sense economically due to any cost savings being lost due to increased transportation costs and the amount of money spent over the past couple of decades on extensive school renovations.  However, for the last few years, consolidation advocates on the School Board have tried to flip the field on economics through facility studies.

The architecture firm of Crabtree Rohrbaugh and Associates (“CRA”) will be in our schools for 2 days to assess our school buildings and make recommendations as to facility improvements.  Although this study is expected to cost at least $50,000, CRA and other architecture firms do not make their real profits on facilities studies.  Rather, CRA makes its real profit on the design and construction projects.  In other words, CRA has an incentive to recommend as many drastic initiatives as it can so that it can later bid on the design for the recommended projects. 

CRA’s study will also look at school district boundaries, bus routes and other aspects of our school system.  Every aspect of the school system could be affected. 

Throughout this process, citizens are likely going be bombarded with facts and figures about cost savings of the proposals.  Take those numbers and the commitment to cost savings and stewardship of public dollars with a grain of salt.   In the past decade school system has lost approximately 250 students and equivalent state funding for said students.  In that same period of time the overall employee count of the school system has increased by over 20.  This increase in personnel and decrease in state funding has come at a time when our excellent teachers have been fighting for a well-deserved pay increase.     

Too often in this County, decisions are made, and dies cast without the knowledge of the public.  Once the public becomes aware, it is too late to have input. The decisions being made will affect the next several generations of students and will set the course of County spending for the next two decades.  Given the economic realities facing the County from a declining and aging taxpayer base, everyone regardless of their connection to the school system, will be affected by the decisions that come out of this study.

Public hearings and other opportunities for public input have been promised.  Educate yourselves both about our school system and our School and County budgets.  Participate in these hearings and give your input to the process. 

I will update this blog with more information as it becomes available.

School System Facilities - Part II - Facilities Assessment Request for Proposal

Since I first posted the Facilities Review regarding the three options proposed by the Department of Education, I have had several people ask: “where does it go from here”. Although it is unclear, from prior Board minutes, the School Board is seeking bids on a Facilities Assessment. 

A draft Request for Proposal (“RFP”) was circulated to School Board members prior to their meeting on April 4, 2018.  According to the draft RFP, the School Board is seeking bids from outside firms to:

ascertain the present condition of each facility, and to assist GCPS in forecasting capital funding requirements to address deficiencies. The assessment will also be used to establish priorities for the maintenance, repair, enhancement, or replacement of facilities and their component systems. Further, the analysis as presented in the proposed assessment should be useful when identifying and justifying needs to support a future bond issue.  (emphasis added).

From estimates I have heard, the Facilities Assessment, will cost in excess of $100,000.00 to be paid to outside architectural consultants.  Unlike the Facilities Review, a free study conducted by the Commonwealth, the Facilities Assessment will be paid for by the School System.  To put the cost in perspective, $100,000 is nearly equivalent to a one cent increase in the property tax rate for the County.  As with the Facilities Review, I offer no opinion as to necessity or cost of the Facilities Assessment.  Rather, this is being posted to allow others to review the information and follow up as they deem fit. 

From the May 3, 2018, Board Minutes, the RFP will be put before the Board for approval at the May 17, 2018 Board meeting.  Click here to view the RFP.     

School System Facility Evaluation & Efficiency Review

Pursuant to a Virginia Freedom of Information Act request, Giles County Public Schools produced the Facility Evaluation & Efficiency Review dated March 2, 2018.  The Review was conducted by the Virginia Department of Education at the request of the School Board.  The review identified three options involving the potential closing of some schools and relocation of students from other schools.  I encourage you to review this document as the adoption of any of the three options will affect the students, teachers, and taxpayers of Giles County.  In making this document available, I express no opinion as to the Review or the options presented therein.  To view the Review, click here.

Thanks to AM Hodge Podge

This past Saturday, I was honored to be a guest on the AM Hodge Podge radio show on 710AM-WFNR.  The show is hosted by two terrific hosts who work as Ameriprise financial advisors in Radford, Keith Weltens and Mark Tapp.  Keith and Mark put on an entertaining hour of radio from 9AM to 10AM every Saturday on WFNR.  If you missed the show, you can listen to the podcast by following the link in this post.  Thanks again to Keith and Mark for having me on the show. 

The Arbitration Clause: Is it right for you?

Arbitration clauses are in numerous contracts ranging from simple consumer credit contracts to million-dollar asset purchase agreements.  Often times, clients view arbitration as a way to save on legal costs and reach a more prompt resolution in the event of a dispute between the parties to a contract.  Often times, arbitration is right for the specific situation and results in a quicker and cheaper resolution to a problem than civil litigation in traditional courts.   However, based on my experience in handling many arbitrations, the cost savings and rapid resolution imagined by the parties may not always be reality.  That chance, coupled with some of the limitations that may be imposed by the arbitration process as compared to traditional civil litigation in a court of law requires parties considering arbitration clauses to carefully consider their specific situation.  

A couple of years ago, I wrote an article about the pros and cons of arbitration and arbitration clauses.  The article discusses many of the issues that parties to any contract should consider before inserting or agreeing to an arbitration clause.  I have linked the article below.  Before entering a contract containing an arbitration clause, talk to an attorney to see if the proposed method of arbitration is right for your specific situation.  

Sage Advice for Commercial Litigants

My former law partner, Alex Barrett, wrote an interesting article about commercial banking litigation and steps banks should take when retaining counsel.  Alex and I worked together on a wide variety of commercial disputes involving banks and other businesses during my time in North Carolina.  The advice in the article details items to help banks deal manage both a lawsuit and the relationship with their lawyer.  Alex's advice is applicable to any business person facing existing or potential litigation.  Click on the link below to read the article and its helpful advice.