Staff Puts the Hard Decision on the Board about Mann Building

District staff have put the the Action Report for Intro/Action at Wednesday's Board meeting for the "Approval of lease of space to Africatown Center for Education & Innovation."

I have NEVER read such a disjointed and ridiculous Action Report  - with no less than six question marks.  There should never be question marks in an Action Report.  The staff either knows or doesn't know the information.  If they don't, then they have no business submitting such a report.

I suspect the issue is that they cannot get clear answers from Africatown leadership and/or staff can't get information they have requested to be provided to them.

There is a long and tortured history of what has been going on at the Mann Building (and I believe both sides would say it is not entirely accurate).    It is ridiculously long.

Here's what I believe from this Action Report and its woefully state.  Staff is worried about blowback from having to ask police to help escort the illegal tenants from the Mann Building.  It has been made pretty clear the tenants will not just walk out on their own accord.  There does NOT have to be any violence - civil disobedience never calls for that.

I believe the staff is pushing for the BOARD to have to make this tough decision and then say, well, the Board rejected our Action Report and so therefore we had to act to remove the tenants.  It was the Board's action.   That's one way to get past having to make hard decisions when you've made months of bad decisions.

Items of note:

 - Board Policy 6882 states that Board approval of a lease for less than the highest financial return "will be taken only (1) When the prospective tenant either: (a) would use the site exclusively or primarily (at least 50%) to provide services that directly support and substantially benefit Youth Education; or (b) is a governmental agency or nonprofit organization that provides community or social services in the community and neighborhood surrounding the school; and (2) where no alternative nearby location exists where such service can be provided." The School Board's decision shall take into account "the difference in financial return compared to the value of the financial support offered for K-12 education".  This is absolutely the key issue here and it comes into play later in the Report.  There has been no proof that "alternative nearby location(s) exist where such service can be provided."

- This action was discussed at the Operations Committee meeting on October 28th. The Committee reviewed the action and determined that the item should move forward to the entire board without a recommendation.  Just so you know, when a Committee moves something forward without a recommendation, red flags should go up. 

- To support community work and to utilize the closed Mann school, Seattle Public Schools had a lease with Peoples Family Life for the Mann building. Peoples Family Life had sublet a portion of their space to Seattle Amistad School and allowed other community organizations to use the building for their programming.  Yes, but they leave out that the district's own lease did NOT allow extra sub-lets, keys were made and given out without the district's permission or knowledge and the district didn't know how many groups were in there or what they were doing. 

-On October 15th, two leases were signed by AfricaTown Center for Education & Innovation (ACEI).  Really because I asked about this - to staff AND now via public disclosure - and got no answer from staff and public disclosure won't have info until December 19th.  I will refile for just these leases.  I am baffled by how this happened.

- At this time, the District does not control the building. Individuals associated with AfricaTown Center for Education & Innovation continue to occupy the Horace Mann building, and have chained the building from the inside. The District continues to provide heat and electricity to the building.  That should say it all.  

-Because of the delays in finalizing the lease agreements and the need for the district to have School Board approval, the added costs will need to be negotiated with the contractor. The estimated costs will be at least $1,000 per day and may be applicable beginning on September 18, 2013, the date the Board approved the contract. The negotiations with the contractor on fees will begin once full time work on the site begins.  AND  

The fiscal impact to this action will be approximately $1,120. This includes costs for readying and using both the Columbia Annex for 18 months and one portable at the Mann building for six months, less the lease revenue received from the AfricaTown Center for Education & Innovation (ACEI).

So this entire premise is costing the district money that it does not have to spare.

- Questions?  

The Board wants to see documentation about "benefits conferred" and the ACEI will give it on November 6th.  Sorry, that makes it too late for the Board to vote on this measure because since it's a public school district and tax dollars, this information has to be made available to taxpayers on Tuesday.   

Part II, 19 of the Mann Portable Lease language includes termination language and stipulations that occupants “will not do or permit to be done in or about the Premises anything which is illegal or unlawful”. Additional language will be added to both leases to the effect that “If tenant or any of its invitees, visitors or guests takes any action which interferes with the District’s construction renovation program at the Mann site, the lease will be terminated immediately.

Really?  Because that has already happened and yet the district has done nothing.

Provide assurance that the primary tenant is not associated with those individuals who are creating disturbances and threats to community members.  Again, if you have to write those words down in creating a lease for a public school building, then I'm out.

Have the occupants moved out? Why not? The occupants are waiting for a lease to be signed providing them with alternative space. The leader of ACEI has orally agreed to move out prior to the School Board meeting on November 6.  Yes, we've heard that before and so why is it true now?  The District has NO partnership with these groups, they violated the previous lease terms and they expect the district to wait on them until the district finds them space.   Again, no.

Should the ACEI and its member groups be debarred under Board Policy 6973?  Unfortunately, the policy does not apply to leases of property (but I'm thinking an amendment will soon be in the works). 

Has the tenant provided insurance certificates? No. Leases will not be signed by the District until insurance certificates are provided. Again, I'm confused - are there signed leases or not. 

What is the need for immediate introduction and action? The Africatown Center for Education & Innovation has been in control of the Mann building since August, even though they have no legal right to do so. Absent legal action or execution of these leases they are unlikely to leave the building. The District requires the building in order to renovate it for the NOVA program, which will occupy the building in September 2014. The daily cost of not having control of the building is in excess of $1,000. By approving this lease, and providing the associated benefits to the tenant, the District will recover use of the Mann building without taking legal action against the occupants.
So this tactic works.  And the district wants to work with people who act illegally against the district and the students it serves?

With respect to the requirement that at least 50% of the use by for activities in direct support and substantial benefit of youth education, documentation is available to demonstrate that at least some of the use of the Columbia Annex directly and substantially supports youth education (the Mann portable will be used for storage, staging and administrative meetings). ACEI has provided a list of youth programs that extend learning opportunities and supplemental programs that align to the common core, but has not provided information on the number of students served by such programs. 

The documentation does not indicate the number of students served either before or after August 15. This is a key element in evaluating their support of youth education, one that is required of the Nordic Heritage Museum at Webster School and the First AME Church at the former MLK School. Accordingly, it has not been established whether the proposed uses of the property meet the requirements of the Board policy.  

Again, if you don't have all the facts in hand, this shouldn't have seen the light of day.

With respect to the requirement that there be no other available location, in August the District’s property management department contacted possible locations in the vicinity of the Mann building and identified two possible locations about 10 blocks away. We do not know if they are still available. There has been no analysis of whether alternative locations exist in the area of the Columbia Annex. Accordingly, it has not been established whether these leases meet the “no other location” requirements of the Board policy. 

Again, if it doesn't meet Board policy, say no. 

There are several reasons why the leases should be approved, even though the documentation does not demonstrate compliance with Board policy 6882. There are potentially significant benefits to the District’s students from the services being provided. The net cost to the District is minimal, and is far outweighed by these potential benefits. The recovery of control of the Horace Mann building and elimination of the daily construction cost impact of over $1,000 are important additional factors supporting approval.

This recommendation is conditioned upon all persons vacating the Mann building and removing all locks and other impediments to the District retaking control of the building, and the District resuming control before the School Board meeting on November 6.

I honestly cannot believe the capitulation in these statements.  Doesn't meet Board policy, "potential" benefits (without any proof or documentation), costs to the district, doing something just to stop an illegal occupancy of a building.  

IX. ALTERNATIVES
1. Do not approve the lease, in which case the District will need to take legal action or request the police to forcibly remove the individuals occupying the Mann Building. This likely would have adverse impacts on the District’s relationships with the community.

Actually, I think those impacts are going to be minimal.  I think it will be a blip on the news.  That no major media have picked up on this should tell you that.  (The Times - ever Johnny-come-latelys to most education stories - had two different editorials on this and one that soft pedals the situation and one that says the groups must leave and the district needs to enforce this.)

The documentation of support document attached is not real documentation because (1) it does not state if the numbers for each activity are completely different students in each case or overlap and (2) includes activities that are not youth education.   

From the Mann lease AND the Columbia lease:

If tenant or any of its invitees, visitors or guests takes any action which interferes with the District’s construction renovation program at the Mann site, the lease will be terminated immediately.  Again, if you have to write this into any lease, you are leasing to the wrong tenants. 

I'm almost speechless but I am counting on the Board to do the right thing because it certainly looks like leadership from the staff side cannot be counted on.  Very disappointing.