Entry 378 of 1039
By Think! Christiansburg On January 14, 2009 at 5:01 PM

Received at 4:01 pm, a notice the ad-hoc Aquatic Center Contract Committee will meet in the Town Manager's office at 10:30 am on Tuesday, Jan. 20th:

"The purpose of the meeting will be to hold a CLOSED MEETING pursuant to Section 2.2-3711 A(29), Code of Virginia, for the purpose of discussion of the award of a public contract (the Aquatic Center) involving the expenditure of public funds, including interview of bidders or offerors, and discussion of the terms or scope of such contract where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body."

Okay, so the Town Manager quoted a section of the Code of Virginia correctly.  The question is whether it's applicable and how it's being interpreted to justify a closed meeting.  Again, limited provisions clearly outline when a closed session may be allowed, but these are not required. 

Questions:

  1. "Involving the expenditure of public funds" -- the draft contract detailed possible revenues, not expenditures, in exchange for construction upgrades and a 25 year lease with the town.  This is totally separate from design and construction contracts.
  2. "Interview of bidders" -- there was a single bidder, well known to the community and the Commonwealth of Virginia, that being a state institution.  This clause typically applies to vetting an unknown bidder to ensure they are qualified to fulfill the terms of a bid.  Bids and leases are not interchangeable legal instruments.  
  3. "Where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body" -- again, given the draft contract to lease the aquatic facility is already a public document, what bargaining position or negotiating strategy with a single bidder is present? 
  4. The ad-hoc committee was charged with setting more definition to certain terminology.  Why the need for secrecy now?
  5. Did the Town Council's legal team get consulted before calling a closed meeting for this purpose, and if so, did anyone bother to run this past the experts?   Contacting this agency's immediate past-president is a local call.