Lease deal for former county jail likely won't happen

By Roger Sims, rsims@linncountyjournal.com

MOUND CITY – The Mound City Council voted unanimously on Tuesday, Oct. 1, to approve an offer to lease the former sheriff’s office and jail building from Linn County for for $1 for 99 years.

The offer apparently was discussed in a brief executive session for trade secrets by the Linn County Commission in its meeting on Monday, but commissioners made no motion on the offer. City council advisor Josh Baldwin met with the commission during that session.

Apparently one of the conditions that city officials stipulated was that the county address the issue of black mold in the structure.

However, in a phone interview on Wednesday, Oct. 9, Mound City Clerk Shelby Murray said that Baldwin informed her that the commission would not address the mold problem and that the lease agreement was in doubt.

The discussion on the proposed lease didn't come to light for the public until the Oct. 1 city council meeting and may have been discussed in commission executive sessions with Baldwin before that.

The city council’s action early in the month came after the council conducted a closed-door meeting for trade secrets for about 15 minutes.

The council met briefly at the sheriff’s office/jail building earlier in the evening at 6 p.m. on Oct. 1, touring the facility with flashlights because the power is off in much of the building and there are very few windows.

City Clerk Shelby Murray notified the press about the tour earlier that afternoon. Baldwin expressed displeasure at the press’ attendance to one reporter. However, if the city had not made a public notification of an event where a majority of a quorum of the council was in attendance, it would be a violation of the Kansas Open Meetings Act.

In an email on Thursday, Council Attorney Mark Hagen said that he had written the contract for the 99-year lease to be presented to the county commission.

“The city council approved a lease that I drafted for a 99 year agreement ($1 total) to repurpose the former Sheriff’s building,” the email said. “City offices would move to the building if the finances work out.

“The City needs to design and then send out (requests for proposals) for the remodeling to suit their needs,” Hagen said in his email. “If the cost is prohibitive, then the lease terms allow the city to walk away from the lease and the County can sell or demolish the building as they wish.  Next step is for the (county commissioners) to approve the agreement and then it is complete. 

He noted that city councils of Parker and Prescott each leased their county-vacated senior centers under similar terms.

The council did not discuss in open session how the building currently housing city offices would be used. However, some of the uses discussed have been a daycare center or a community building.

One of the issues with the former jail building has been a history of mold. In discussions by the commission last year about what to do with the building following moving the jail to the new Judicial Center, testing showed that black mold was present, according to Shaun West, county public works administrator.

West said that electric air cleaners had been used to remediate the mold problem but they were not running on the day of the city’s inspection. West added that no tests for mold had been done after using the air cleaners.

Apparently, Baldwin had been in discussion with county commissioners prior to the city council’s decision.

Retiring into executive sessions for the purpose of discussing trade secrets relating to the lease of the former jail by both the Mound City Council and the Linn County Commission likely does not meet Kansas Open Meeting Act guidelines.

According to an interpretation by the Kansas Legislative Research Department, an executive session may be called for councils or commissions to discuss “Confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships.”

That option allows private entities to talk about business secrets behind closed doors so that public bodies can make necessary decisions. Not included in that list was other public entities.

The Mound City Council could have invoked the provision that allows executive sessions for “Preliminary discussions relating to acquisition (not sale) of real property.” However, the county commission likely would not be able to use that provision for its executive session.