ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Wednesday, February 26, 1997 TAG: 9702260092
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
SOURCE: CHRISTINA NUCKOLS STAFF WRITER
Roanoke County supervisors made it clear Tuesday they frown on the School Board's decision to hire its own attorney, which was done in part as a reaction to challenges from one of its own members.
Vinton Supervisor Harry Nickens raised the issue during a routine budget action in which supervisors were asked to approve expenses paid with excess revenue for the quarter that ended Dec. 31.
County schools spent $188,000 for that quarter using unexpected revenue from sales tax and an increase in nonresident-student fees.
Included in the expenses was a $10,000 retainer for Richmond attorney Pat Lacey. The $10,000 covers the first three months of this year, and the School Board is scheduled to decide in late March whether to retain him for a longer period.
Nickens questioned why the School Board couldn't use County Attorney Paul Mahoney and his staff for its legal needs.
After three unsuccessful votes - one of which was aimed at withholding the legal fees - supervisors finally voted 3-2 to approve all $188,000. However, Chairman Bob Johnson told School Superintendent Deanna Gordon to inform her board that the issue was not yet settled.
"They'll hear from us on that in the future," he said.
School Board Chairman Mike Stovall, contacted after the meeting, said his board decided to hire a separate attorney for several issues, including challenges being raised by board member Thomas Leggette over how the board handles its finances.
Stovall said Leggette has not threatened legal action against the board, but he said he couldn't rule that out in the future. He said Lacey was hired because he is an expert on school law and First Amendment issues.
Leggette also has objected to the School Board meeting in closed session with Commonwealth's Attorney Skip Burkart to discuss the board's corporal punishment policy. That issue is on the agenda for the board's Thursday meeting. The policy came into question when former teacher's aide John Peters pleaded guilty last month to slapping a student at William Byrd High School.
Stovall said the School Board continues to use Mahoney's staff for day-to-day legal issues, such as student discipline matters.
Also Tuesday, supervisors took the following action:
* Approved the purchase of 2.55 acres on West Main Street in Glenvar for $315,000. The land will be used to realign Garman Road so that truck traffic coming from the Kroger warehouse and distribution center can enter U.S. 11/460 at an intersection with a traffic signal. The road improvements are the most expensive part of a $1.78million incentive package the county is offering the Kroger Co. to expand its warehouse and add 125 jobs.
* Held a public hearing on the county's tax rates for the 1997-98 budget year. Reassessments increased overall property values in the county by 3.32 percent. Six people spoke at the hearing, with two of them specifically asking supervisors to take the increased assessments into account by lowering tax rates.
Supervisors indicated it isn't likely they'll lower the tax rate. Johnson said he expects a special committee appointed to assess county school needs to make a "mind-boggling" request within the next month, predicting the total price tag could approach or exceed $100 million.
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