Testimony continues on razing of building

By Tim Yovich

A prospective building buyer claims the school board abused its discretion.

WARREN — Testimony will continue today before a Trumbull County Common Pleas Court magistrate to determine if demolition of the closed Arlington Elementary School in Newton Falls should be stopped.

Magistrate Jason Earnhart estimated that he will make a decision by the end of the week. Either side can appeal his decision to Judge W. Wyatt McKay.

An injunction is being sought by Dan Cadle of the Cadle Co., who filed the action as a taxpayer. He is alleging the board of education abused its discretion when it agreed at its April 14 meeting to raze the structure.

Hazardous materials such as asbestos are now being removed from the building.

Cadle has offered to purchase the building and its 5.3 acres for $110,000. The board wants to raze the structure and maintain its athletic fields.

Last week, Cadle withdrew his request for a temporary restraining order to stop any demolition, but that became moot after he failed to post an $80,000 bond with the court as ordered by Judge McKay.

During questioning Tuesday by Cadle’s attorney, William Pfau, board president Brenda Koentz testified a number of discussions were held by board members before the decision was made to raze the building.

The building was appraised in May 2006 when the land was valued at $42,000, and the market value of the land and building at $110,000.

Koentz told the court that the estimated cost of clearing the trees on the main campus where the high, middle and elementary schools are located was $190,000. That doesn’t including constructing the fields.

Koentz testified that when the board decided to demolish Arlington, she knew of Cadle’s offer, which the board didn’t solicit.

Of the $164,000 to tear down the building, 19 percent or about $32,000 in local funds would be used with the 81 percent being paid by the state.

Pfau pointed out that the state money is also taxpayers’ money.

“We though it was worth our while to keep the land,” Koentz said.

She testified that the board wanted to retain the athletic fields and not see the school building become an eyesore if purchased.

“We wanted to keep it for our children,” she commented. “We were looking at the value for our children.”

Koentz told the magistrate that the board transferred $250,000 from its building fund for the demolition work rather than $164,000 because there might be cost overruns.

During questioning by board attorney Christian Williams, Koentz said the board got the property appraised so the board could look at all its options of what to do with the Arlington property.

She noted that the school is surrounded by a residential neighborhood and that if kept, she didn’t want to see children injured playing in it or see the building vandalized.

Board member Debra Davis, who took office in January, testified that she voted against demolition because she wanted to hear proposals from prospective buyers.

Davis said she never heard anyone estimate the cost of building athletic fields on the main campus.

There was other testimony from board members that they thought the appraised value of $110,000 was too low.

yovich@vindy.com