HomeMy WebLinkAboutCommittee of the Whole August 7 20011
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WHATCOM COUNTY COUNCIL
Committee Of The Whole
August 7, 2001
The meeting was called to order at 6:30 p.m. by Council Chair L. Ward
Nelson in the Council Committee Room, 311 Grand Avenue, Bellingham,
Washington.
Also Present:
Dan McShane
Marlene Dawson
Barbara Brenner
Sam Crawford
Robert Imhof
Absent:
Connie Hoag
1. POSSIBLE DISCUSSION REGARDING IBU /MMP ( WHATCOM COUNTY
FERRY) COLLECTIVE BARGAINING AGREEMENT (AB2001 -267)
Crawford moved to go into executive session for 15 minutes.
Motion carried 5 -1 with Imhof opposed.
2. DISCUSSION REGARDING POTENTIAL AMENDMENT TO A LEASE
AGREEMENT (AB2001 -017)
Dewey Desler, Deputy Administrator, stated the administration has been
trying to gain clarity on existing agreements with Planned Parenthood for lease of
some space that has been in effect for a long time. The agreement has been in
effect since the early 1970's. The changes include a more definite period of time
for use of the space and for payment for use of the space. As a result, the
administration seeks to execute an amendment to the current lease agreement,
which puts a definite end to the current lease arrangement. It adds a definite lease
end date of December 31, 2004. It includes rent payment of $10 per square foot
per year. They have about 3,150 square feet in the current space on Girard Street.
Brenner questioned whether this is what the County usually charges for rent.
Desler stated the County charges a wide range of rent for space.
Brenner asked how this amount was determined. Desler stated the
administration negotiated the rent amount. The amount totals approximately
$31,000 per year.
Brenner questioned how this agreement came to be in the 1970's. Desler
stated the County Board of Health, which was a separate district, had the
responsibility for this. The County government was not involved, other than as a
member of the district. The County Health District wanted to get Planned
Committee of the Whole, 8/7/2001, Page 1
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Parenthood Services involved and to help start this fledgling organization. The
Health District also helped facilitate federal and state grants. These grants did not
come to the County or the Health District. They went directly to Planned
Parenthood. The district signed an agreement that Planned Parenthood may use
the space in perpetuity for no cost. It was later decided that perpetuity would go to
the year 2009. However, they decided it would be appropriate to gain more clarity
in the agreement. The Health District is a different organization today. The County
government took over the responsibility for what the district did. This long -term
obligation of space came with the responsibility.
The contract goes to perpetuity. County attorneys have said that the County
cannot enter into a lease agreement for longer than 35 years. Perpetuity has a
definite limit of 35 years, which takes them to 2009. The County negotiated that
the agreement would end in 2004. The amended agreement would end in 2004.
They would begin payment of the rent on January 1, 2002.
Randy Watts, Chief Deputy Prosecuting Attorney, stated the decision to begin
rent on January 1 was made for budgetary reasons. Planned Parenthood did not
budget this year for rent.
Crawford questioned whether Planned Parenthood has the option of
terminating sooner than 2004. He questioned whether Planned Parenthood, if it
moves out, would still be obligated to pay the County until the end of 2004. Watts
stated the County tried to negotiate in some early termination provisions. Planned
Parenthood said they did not want the termination provisions, so 2004 is a solid
date. It gives them time to plan for other space and get used to paying rent, which
they haven't done for over 20 years. They know when they have to be out.
Desler stated the Executive has the authority to amend contracts under the
Charter. However, he would like to have the Council provide a statement of
support for the Executive.
Brenner questioned whether Planned Parenthood could stay beyond 2004.
Watts stated the County could extend the contract. There is nothing in the contract
that allows for an automatic extension. It would require negotiation.
Imhof moved approval of the contract as presented and support of the
Executive.
Dawson stated the contract would begin on January 1, 2002. The contract
would end December 31, 2004. The way the contract was originally sent up, they
had free rent in perpetuity, which legal counsel interpreted to be for 35 years,
which would be 2009.
Nelson asked if the rent is paid in monthly installments. Watts stated it is.
Motion carried unanimously.
Committee of the Whole, 8/7/2001, Page 2
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ADJOURN
The meeting adjourned at 6:52 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on September 11 , 2001.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
Committee of the Whole, 8/7/2001, Page 3