[Vision2020] Fw: Selling Latah Health Services

[Art Deco]

On Latah Health Services, FYI:

----- Original Message ----- 
From: "Kate Mecham" <kmecham at latah.id.us>
To: "'Art Deco'" <deco at moscow.com>
Cc: <bocc at latah.id.us>
Sent: Wednesday, January 10, 2007 2:06 PM
Subject: RE: [Vision2020] Selling Latah Health Services



The County Commissioners asked that I respond to your January 5th inquiry
regarding Gritman Medical Center's proposal to acquire the Latah Health
Services property.  By way of background, it may be helpful to briefly
review the applicable statutes.

Under Idaho Code § 31-3515, property such as the LHS premises can only be
sold with the approval of the voters.  The normal County procedure of
auctioning property under Idaho Code § 31-808 specifically does not apply to
this type of property.  The only exception to the requirement of a public
vote for lease or sale of LHS-type property is found in Idaho Code §
31-3515A.  That statute allows a County to lease or sell property such as
this to a qualified non-profit corporation for use as a non-profit hospital.
It is this statute that creates the so called "reversionary clause" which
requires that the property continue to be used as a non-profit hospital and,
if that use ceases, the property reverts to County ownership.

Gritman Medical Center, based on information we have been provided, would
qualify as a non-profit corporation to acquire the hospital under Idaho Code
§ 31-3515A.  However, they have indicated that they are not willing to
acquire the property subject to the restriction of the reversionary clause
requiring that it continue to be used as a non-profit hospital.
Consequently, the only way this sale can occur is with the approval of a
majority of the voters at the upcoming February election.

Attached is a copy of the language that will appear on the ballot on
February 6.  As you can see, the ballot clearly states that if the voters
approve this sale, the property will be transferred to Gritman Medical
Center without any restrictions whatsoever.  Consequently, the short answer
to your inquiry is that there will be no contractual or otherwise legally
binding restriction on the use of the property.  If the sale is approved,
Gritman would be able to do anything it wants with the property at any point
in time without recourse by Latah County or its citizens.

Thank you for your inquiry.  The County Commissioners believe that the
voting public needs to be as fully informed as possible when it goes to the
polls on February 6, and they trust that the voters will make an intelligent
decision on the disposition of their property.


William W. Thompson, Jr.
Latah County Prosecuting Attorney


-----Original Message-----
From: Art Deco [mailto:deco at moscow.com]
Sent: Friday, January 05, 2007 08:02 AM
To: Vision 2020
Cc: William Thompson Jr; Jennifer Barrett; Jack Nelson; Tom Stroschein
Subject: Re: [Vision2020] Selling Latah Health Services

Bill, BJ, Debbie, et al,

I don't understand yet what kind of contractual agreement will be made
between Gritman and the county, should the voters approve the sale, in order
to insure that Gritman complies with the intentions and wishes of the
commissioners, Latah County citizens, and Gritman's own currently published
intentions.

Without a clear, comprehensive, written contract the county's and the
citizen's expectations may not be fulfilled after the sale for any number of
reasons, and thus leaving the county and its citizens without legal
recourse.

This is not a criticism of Gritman.  In general, I think they serve us well.

The point is that all unwritten agreements/understandings which are part of
a property transfer/sale may be unenforceable given the Statute of Frauds.
http://www3.state.id.us/cgi-bin/newidst?sctid=090050003.K

W.

----- Original Message -----
From: "Debbie Gray" <graylex at yahoo.com>
To: "vision2020" <vision2020 at moscow.com>
Sent: Thursday, January 04, 2007 9:23 PM
Subject: Re: [Vision2020] Selling Latah Health Services


> So what are the main complaints against this proposal?
> That Gritman might change their mind and not provide
> the services they are intending? That Latah County is
> somehow going to lose out by letting this happen
> because....?
>
> Too tired to devil's advocate myself,
>
> Debbie Gray
>
> --- "B. J. Swanson" <bjswan at moscow.com> wrote:
>
>> Visionaries,
>>
>>
>>
>> Gritman Medical Center's Proposal to Purchase and
>> Letter of Intent regarding
>> Latah Health Services can be found by visiting
>> Gritman's website (the front
>> page) at www.gritman.org <http://www.gritman.org/> ,
>> and clicking on the
>> "Proposal to Purchase and Letter to Latah County
>> Regarding Latah Health
>> Services" link in the bottom right hand corner.
>>
>>
>>
>> Gritman will continue to update the website with
>> more information and plans
>> as they become available.
>>
>>
>>
>> Thank you.
>>
>>
>>
>> B. J. Swanson
>>
>>
>>
>>
>>
>> >
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