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AKRON -ÊOne month after approving a contract with KC Online, the Tippecanoe Valley School Board decided Monday to negotiate to negate the contract.
At last month's school board meeting, the board approved a contract where KC Online would give Tippecanoe Valley Schools $11,000 to defray the cost of building four 96-foot towers. In return, KC Online would get a 10-year contract to set up an antenna on one of the towers so that KC Online can provide Internet access to the area. A provision in the contract allows the board to withdraw from the contract after every 180 days.
The four towers were built to link all the schools via the Internet.
But Mike Yazel, owner of MEDT.com, Mentone, challenged the contract and the way the school board approved it.
Monday, Brad Hagg, director of technology, presented the board with more information on the contract and two options on action the board could take on the contract.
First, Hagg said, the contract the board established with KC Online was legal and the board did not compromise its procedures for KC Online. He said a school can lease or rent any extra facilities if it so desires and is not obligated to offer similar facilities to any future business.
However, even though the contract was legal, he said, the board did not follow the preferred procedure outlined in Indiana Code for the lease of public property.
The first option for the board was to keep the existing contract, pending any legal action. If legal action were initiated, the board would terminate the contract. The second option, which the board chose, was to negate the contract with KC Online and follow the Indiana Code process.
The process entails paying two appraisers to appraise the facilities and determine a value for each facility. Then, during a period of 21 days, the facilities will be advertised and bids would be accepted. Finally, the bids will be awarded after the 21-day period as long as the bids are at least 90 percent of the estimated value. A bid of lesser amount may be accepted after an additional advertisement.
Hagg recommend the board approve the process for two tower positions at Akron Elementary, two at Mentone Elementary, one at Burket Elementary and two at Tippecanoe Valley High School.
"If we do follow this procedure, I think it would be in our best interest to look at each one," Hagg said.
Board member Mark Wise asked how grant money being used for the project would be affected. Hagg said he didn't see any problems with the grant money, but if the Dekko Foundation had questions, he would provide any information they requested.
The board opened discussion to patrons. Before Yazel spoke, board member Tom Weaver told him to respect members of the audience and not to resort to name calling as he did at the previous meeting.
Yazel said he discussed the KC Online contract with an attorney who represents seven school boards in Indiana, and, "He told me categorically that once a school board opens its door to for-profit organizations, it opens the door on down the line."
He also said foundations would be wary of giving grant money to Tippecanoe Valley Schools in the future because of their dealing with KC Online, a for-profit corporation.
Hagg said, "If any grants are received, it would go to funding Internet access in every classroom." He said he will share all information with the Dekko Foundation and the school corporation will continue to try to raise money for the project.
Rich Hays, KC Online director of development, said their goal is not to cause problems but to provide towers to the schools at no cost to the taxpayers.
"It's sad to have it happen (this way), but maybe it'll work out down the road," he said. He said he doubted anyone else out there will want to use the towers.
Wise asked if they negate the contract if there will be enough money to finish the project themselves. Hagg said they would have to dig deep into the budget for the funds.
"I see it as part of our fault for not following procedures," Wise said.
The board voted 4-1 to negate the KC Online contract and open it up for bids. Board member Rod Eaton opposed.
In other business, the board:
• Approved Duane Burkhart as the varsity baseball coach.
• Approved the Bowen Center Contract to provide clinical services to students in the corporation.
• Approved Janell Riner as band director for TVHS and TVMS.
• Approved Karla Hayden as a kindergarten teacher at Mentone.
• Approved the resignation of James Widmer as band director at TVHS and TVMS.
• Announced the Tippecanoe Valley School Corp. will hold a budget hearing Aug. 23 at 7:30 p.m. and adopt the budget Sept. 13 at 7:30 p.m.
