Follow Up: Leonard Hall
Originally Published: January 23, 2024
Explanations Provided On Agreement to Cancel Lease
Today, County Attorney Buffy Giddens brought forward a letter ending the lease agreement between the County and Leonard Hall for the Commissioners to approve. This is a continuation of actions from last week, when Leonard Hall unexpectedly shut down after receiving a letter from David Weiskopf, County Administrator. Weiskopf’s letter cited maintenance needs in excess of $500K, which the school was not able to afford, as the primary reason for not renewing the decades old lease agreement. The lease would be extended, month-to-month, until a final expiration on June 30, 2024 to finish out the school year. But Leonard Hall decided to close, effective immediately.
Giddens explained the original lease began in 2003 and was renewed in 2013 for another ten years. Commissioner Hewitt gave context to the overall timeline of events, explaining he first met with the Head of the school back in 2019. Enrollment was an issue then, and there were things in the school which needed repair. Hewitt and Commissioner Ostrow met with the new Headmistress of the school in April/May 2023, when Hewitt said he did not notice any changes made to the school environment since his previous visit.
The County hired a third party to conduct a maintenance needs study, which was submitted in July 2023. That study identified approximately $575K needed in repairs, of which the school would be responsible for $250K. Hewitt and Ostrow returned in August 2023, asking the school to increase enrollment, rally alumni, parents, students, and the community to help meet their funding needs, and present a business plan which addressed maintenance issues. The plan was due to the County by January 1, 2024.
Leonard Hall submitted their sustainability plans to the County on December 22nd. The school hired an attorney some time before that, according to Commissioner Hewitt, at which point all communication then went between the County Attorney and Leonard Hall’s attorney. Part of the sustainability plan for the school included increased tuition by $2K per student while also including a potential grant award to help with maintenance. Commissioner Hewitt didn’t find the plan adequate, and said the County cannot subsidize private or parochial schools with public funds. Further, he referred to an email provided by County Administrator Weiskopf and dated July 17, 2014 which included a request for Leonard Hall to fix issues including “obstacles for emergency egress, electrical concerns of blocked panels, extension cord use, and temporary wiring in the kitchen area,” among other things. These items were not addressed, he said.
Commissioner Colvin said if the last communication the school received about maintenance issues was in 2014, then he believes “as landlords, we’ve been derelict.” A review of the lease agreement, now provided with other documentation on the County’s website (and linked here in the comments), shows the County is only responsible to “repair and maintain the roof of the building” at their own expense. It also notes the County paid for a boiler replacement in 2013, but the school was charged with maintenance and repair thereafter. There is also a requirement that the school take action to make repairs upon 30 days' written notice and if they don’t, the County can make the repairs at the school’s expense.
Talk also involved decisions made during Executive Sessions. Commissioner Hewitt said those sessions are for receiving advice from attorneys, discussing property decisions, and more. In a direct reference to Commissioner Colvin’s interview with The County Times last week, Hewitt said he will not participate in another Executive Session while behavior “disrupts the spirit of executive session.” Votes are not made during Executive Sessions, he said, but they reach consensus about decisions. Hewitt said normally those decisions are voted on in an open session just afterward. But most meeting attendees have left, and “we don’t notify anyone” about the decision Hewitt stated. He doesn’t agree with that process. (The open session is a recorded part of the meeting).
Colvin countered by saying a decision about Leonard Hall was made at the end of the closed session. “However people spin it, whether it was a vote or consensus, it was not planned at that time to bring it back in public session,” he said. County Attorney Giddens clarified that a decision made in Executive Session is not final until voted on in open session. Colvin pointed out, however, that Weiskopf’s letter was sent to Leonard Hall prior to being voted on by the Commissioners in open session. That process was unfolding with this discussion. The fact that the letter was sent without Commissioner approval would give merit to a challenge in court, something Giddens acknowledged during discussion. In an attempt to move on, Commissioner President Guy said “Commissioner Colvin, it’s pretty clear we made a mistake. That’s why we’re here now, to clear that up.”
With members of the Leonard Hall community present in the audience, Commissioners Guy, Alderson, and Hewitt voted to ratify the letter terminating Leonard Hall’s lease, with Commissioner Colvin voting against. Commissioner Ostrow was not present at today’s meeting.
