SP School Board-LS lawsuit

Published 12:00 am Tuesday, April 24, 2012

School board won’t join lawsuit to recoup LS taxes


By Rupert Howell

South Panola school trustees reviewed their facility use policy, denied an invitation to join other local entities with employment of a legal team for recovery taxes and other interests and moved ahead with refinancing school bonds at the April 17 meeting.

On a motion from trustee Buddy Gray and seconded by Kim Nix, the board vote 3-0-1, with Sandra Darby recusing herself, not to join the City of Batesville, Panola County and Panola Partnership with sharing the cost of law firms hired to protect the local entities’ interest in bankruptcy court in Delaware where LS Power has filed bankruptcy.

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Trustee Lygunnah Bean was absent and board president Darby is employed at the local power producing plant.

The company, which owns the natural gas fired plant located in Harmon Industrial Park in Batesville, filed for bankruptcy in federal court in Delaware February 10.

Trustee Gray had earlier questioned signing a letter of memorandum hiring the attorneys, noting that property taxes are usually considered similar to secured debt in bankruptcy cases and would ultimately be paid by whoever purchases the facility.

The facility was in arrears with local taxes to the tune of approximately $4.5 million, $1.8 of that going to South Panola Schools.

Superintendent Keith Shaffer earlier questioned if the school district and county government would not have the same interest.

The district has no taxing authority but requests its budget through county tax assessment leaving the county responsible to make up any budget shortfall.

FACILITY USE POLICY

Trustees reviewed their facility use policy as some administrators and trustees came under fire when funeral services for alleged murdered gang members were recently held in Batesville Junior High School’s auditorium.

Superintendent Shaffer highlighted a specific portion of the guidelines that notes, “. . . the superintendent or designee shall have the authority to deny any request for short-term use of any facility when, in the superintendent’s opinion, such use would not be in the best interest of the school district.”

The guidelines also require $1 million in liability insurance, an application process, $150 refundable deposit, $300 rental fee, key holder fee, heat and air fee and excludes some facilities as well as disallowing activities scheduled during school activities.

BOND REFINANCING

Attorney for the trustees Colmon Mitchell was instructed to move forward with refinancing General Obligation and Mississippi Adequate Education Program bonds that will ultimately save the school district approximately $450,000. The bonds will be refinanced at a lower interest rate.