Judge's hearing doesn't prevent BISD from demolishing South Park Comments 17 March 31, 2010 9:29 AM Scott Lawrence State District Judge Bob Wortham says BISD "committed a fraud upon the citizens" and "violated the Texas Open Meetings Act" in its handling of the South Park school case. However, the statements in his findings of fact and conclusions of law don't explicitly state the district is prohibited from using non-bond issue money to demolish the campus in order to build a new middle school at the same location, and an attorney representing BISD told KFDM News the district could demolish the building whenever it chooses. Judge Wortham's comments are contained in findings of fact and conclusions of law he issued during a hearing Wednesday morning in Jefferson County. An attorney representing the Beaumont Heritage Society asked the judge to modify a previous order and prevent BISD from using non-bond issue money to demolish South Park Middle School in preparation for construction of a new school. In a previous ruling, Wortham decided the district couldn't use money from a $389 million bond issue to demolish the school. It can use bond money to build a new campus. Earlier this month school board members voted 4-1 to approve the demolition. They also approved a $23 million budget which includes bond funds to build a new middle school at the site of the nearly 90 year old campus. Wortham didn't rule on the motion to prevent the district from using non-bond issue money to demolish the campus. By law, he retains jurisdiction for 75 days from March 4, the date the motion was filed. Wortham can rule on the motion or let it expire, in which case it would be automatically overruled. After the 75 day period, the Heritage Society attorney has 30 days to file a motion of appeal. "I think if BISD doesn't take a hard look at the judge's findings of fact and conclusions of law and rethink its position, they'll leave us with no alternative but to seek additional relief from the 9th Court of Appeals," said Michael Getz, attorney for the Beaumont Heritage Society. "I really think Judge Wortham has given BISD one last chance to do the right thing and commission a study to determine the cost of renovating the school versus demolition. The logical thing to do, based on the evidence, is that it would be cheaper to renovate than to build a new school. The logical thing to do is to gut the interior and renovate the school, leaving the historic exterior. Then everyone would be happy. I can't fathom why BISD won't find that a logical conclusion." Melody Chappell, the attorney representing BISD, told KFDM News the district believes nothing in the judge's ruling prevents the district from using non-bond issue money to tear down South Park. "A temporary injunction that was keeping us from using non-bond funds has expired," Chappell told KFDM News. "There are no temporary orders preventing us from tearing down the school. I will advise the district there is no legal roadblock to demolishing the school. They can do it right away, tomorrow if they want." The following is from Judge Bob Wortham's hearing: CONCLUSIONS OF LAW 1. In failing to make a substantive inquiry as to what the costs of renovation of the South Park school building would be as opposed to demolition of the three story main building that now houses South Park Middle School and construction of a new school, the BISD school board has breached its fiduciary duty to the citizens of BISD. 2. In continuing to put out the message that there would be no demolition of the South Park school building prior to the November, 2007 bond election when the BISD school board and administration had already decided that should the bond pass that the South Park school building would be demolished, the BISD school board and administration committed a fraud upon the citizens of BISD. 3. In deciding to demolish the South Park school building behind closed doors and outside of public scrutiny, the BISD board violated the Texas Open Meetings Act. 4. The Court feels it is limited by the pleadings and the strict statute of limitations for election contest cases. Had this been an election contest case, the Court feels sufficient evidence was produced to require the Court to order a new bond election. Judge Wortham also ordered the district to pay the Heritage Society's legal fees, which amount to about $40,000. Comments: neotoma wrote: Some of the buildings at Harvard, Princeton, etc. are twice the age of South Park and no one is saying "Tear them down, build new ones! The college students can't learn!" New is not better, especially with buildings. The new buildings they throw together now are not built to last, they are ugly, corners are cut and there are always unexpected delays and costs, and cheap materials like Chinese drywall are used. You want to talk about wasting money? How about the fact that tearing down South Park will cost hundreds of thousands if not millions more than refurbishing it. How about maintaining the schools on a regular basis instead? South Park is beautiful and is a link between generations of families. The BISD school board (who lied to begin with and refuse to find a compromise, such as keeping the exterior) should be prosecuted for their misconduct and gross mismanagement. God bless South Park School! 4/1/2010 7:41 AM CDT on KFDM.com Recommend (1) bornonmountain wrote: read this http://www.setpoliticalreview.com/topstory.htm 3/31/2010 11:39 PM CDT on KFDM.com Recommend coylin1221 wrote: ok, you want to complain about wasted money tazmaraz, you do know how much the Superintendent's salary is, right? Seems like they're wasting money in WAY more obvious areas than on refusing to look for alternatives the South Park's demolition... 3/31/2010 10:30 PM CDT on KFDM.com Recommend (1) kingteddybear wrote: "BISD "committed a fraud upon the citizens" and "violated the Texas Open Meetings Act"...", if this had not occurred the issue of BISD having to reimburse the Heritage Society's legal fees would not be on the table. The fault lies with BSID not the Heritage Society. The at fault party has to pay. Just like the tax payers have to ay the quarter million dollar fraudster's salary. 3/31/2010 8:15 PM CDT on KFDM.com Recommend (2) sly007 wrote: wrong link, sorry. BISD website: South Park Middle Sch" 3/31/2010 7:43 PM CDT on KFDM.com Recommend sly007 wrote: from BISD's website- doesn't sound like the awful building they keep describing. http://www.KFDM.com /news/school-37254-demolition-judge.html "Today we are South Park Middle School home of the Mighty Eagles. Currently we have about 400 students in the sixth, seventh and eight grades. Although our building is over eighty years old, it remains one of the best maintained buildings in the B.I.S.D. school district. " 3/31/2010 7:42 PM CDT on KFDM.com Recommend (1) maverick0 wrote: ubertech, that is just idiotic. There will be no books taken out of the little chilren's poor hands. GMAB. Carol Thomas can take the money out of his slush fund or maybe like WO-S, BISD can stop being a bus service into the late hours. Or maybe they can stop paying two crossing guards in front of the temporary Regina Howell for the imaginary kids that walk to school. The truth of the matter is the South Park building facade is beautiful and for less money they could completely re-do the building. 3/31/2010 7:35 PM CDT on KFDM.com Recommend (2) ubertech wrote: "Judge Wortham also ordered the district to pay the Heritage Society's legal fees, which amount to about $40,000.". Looks like the society just took 40k worth of books out of our kids classrooms and bought their lawyer a new car. Now how concerned are they with the education of the kids? If they really cared about the kid's education I believe they should pay their own lawyer and leave taxpayer education money where it should be,,in the education system! 3/31/2010 6:45 PM CDT on KFDM.com Recommend (3) kingteddybear wrote: FraudI The quarter million dollar man associated with fraud. ROFLMAO! Sorry to see the old building go the external facade is a testament to bygone days. Days when parents insisted a school district provide a good education, insisted their children perform to the best of their abilities at school, when the parents took an interest in what their child's teacher had to say, when parents did not argue with the principal over the dress code, times when if the principal punished their child the parent punished their child just in case the principal was to easy, instead of telling the principal you are not going to punish my child. Give the current generation a new building? Let it be earned by their parents actions instead. 3/31/2010 5:52 PM CDT on KFDM.com Recommend (5) crazinesshere wrote: Lets get the wrecking ball swinging!!! This has gone on far too long. Like a poster further up said, if the heritage society wants it so bad... BUY IT!!! Other wise, lets get it torn down so these kids can have a new school. mousecatsmama wrote: bornonmountain - you are soooooo right -- South Park has gone to the dumpster. West End - when are you going to wake up and quit letting those people spend YOUR money in an irresponsible way? And tazmaraz - I live in Jefferson County and I can ASSURE you MY money doesn't go anywhere NEAR BISD. Where were you educated? 3/31/2010 5:41 PM CDT on KFDM.com Recommend bornonmountain wrote: New Buildings dont educate kids. The South End parents need to step up and stay married, quit having illegitimate kids, mow your yards and paint your houses. Quit living off the government. This will teach your children more than anything. My former home in South Beaumont was recently bulldozed because its lazy owner would not keep it up. Prove me wrong. Please!!! 3/31/2010 4:57 PM CDT on KFDM.com Recommend (5) scorpian1 wrote: It is sad that this building has to go. It is beautiful, from the ouside. Inside, it is awful and it smells disgusting. It is time to let the past go and step into the present. I agree that some old folks are just being childish now. LET IT GO ALREADY!!! 3/31/2010 4:50 PM CDT on KFDM.com Recommend (4) tazmaraz wrote: Oh for heavens sake, cry me a river! Sorry but 90 years is NOT history, its a drop in the bucket compared to the big scheme of things. While these kids are in make shift rooms, these bozos are wasting MY money AND the rest of Jefferson county CITIZENS money. The focus should be on the kids not on old farts who don't want progress. Updated schools are not "pretty", they are functional in ways these out dated buildings can never be. Not to mention the new buildings will be ready and easier to upgrade as technology progresses. 3/31/2010 3:43 PM CDT on KFDM.com Recommend (8) carekat1 wrote: Yes jen, it is the underhanded way the board did it. All they want is updated pretty schools to show off. they don't care about history. The kids were no being hurt by learning in that school as it was. 3/31/2010 3:20 PM CDT on KFDM.com Recommend (4) jenl2881 wrote: This is not about not replacing the old school with a new one based on "outdated views." It is about the fact that the school board chose to do it in secrecy without informing the people who would end up PAYING for it. They have, from what the judge said, not even tried to see if it would be more cost efficient to just gut the old school and fix it up. If they had just done this and been open with voters (aka letting them know why the new school is a better idea, the benefits of it over gutting, etc) then no one would probably care. The fact is they never bothered to let anyone know! 3/31/2010 3:10 PM CDT on KFDM.com Recommend (4) tazmaraz wrote: This is soooo STUPID, a waste of tax payers $$ and only hurts the children who are left without a decent building to learn in. Tear the old building down already and build the new one. If this "society" wants the building so bad, then they need to buy it from BISD and restore it. They are being selfish and obviously don't care much for the students that are trying to get an education. Give it up, your time has past....let the new generation have THEIR day. KFDM-demolition-judge