Donegal considers ending lease with conservation group
By DEAN LEE EVANS
Donegal School District
Updated Feb 06, 2012 20:38

Donegal school board members on Thursday tabled proposed action that would terminate a current lease agreement with the Donegal Fish and Conservation Association.

District business manager Amy Swartz said the termination of the lease has nothing to do with the association's work with district students, but with an unusual clause in the agreement that has raised concerns.

The association has leased a portion of land from the district's Pinkerton Road tract, along the Donegal Creek, since 1997. The land is used as a trout nursery in cooperation with the Pennsylvania Fish and Boat Commission.

Association president Kurt Enck, who addressed board members at the start of Thursday's meeting, said the group was deeply concerned about how the association would be affected if the district decides to end the lease.

Enck told members that if the association is unable to find a suitable, alternative location for its nursery operations they could cease to exist. He said the association has been a part of the Donegal community for nearly 50 years. He also credited the group's student outreach success to former superintendent Woodrow Sites, who helped craft the current lease agreement.

The problem, Swartz said, is that the current agreement requires the district to give 60 months — or five years — notice to the association if it wishes to terminate the contract for whatever reason. However, the association is only required to give the district six months notice to terminate the agreement.

"We may have to sell the land sometime in the future. The (current) lease agreement does not give us that flexibility," said Swartz.

Swartz said the district is not actively looking to sell the land but the option needs to remain on the table.

Swartz said she was not expecting the board to take action on the agreement at the meeting Thursday. She said the purpose for placing the matter on the agenda was to open a dialogue with the association regarding the lease.

Board member Steve Gault said the district has to start the five-year clock now in order to come to a solution.

Swartz said the district could be open to a shorter lease agreement that does not impact the district's ability to sell the land.

Board member Karen Weatherbie characterized the lease agreement as "lopsided."

"That is not a good thing," she said.

Swartz said the proposal to terminate the agreement was part of the budget process to review areas that Donegal could cut expenses. She said the 17-acre Pinkerton tract currently has a residential rental property on it, which does not generate positive revenue for the district.

Swartz added that the district does not need to be in the rental business and the current leases on the tract could complicate any future sale.

Gault, who is also a member of the district's facilities committee, suggested placing the matter on the committee's Feb. 27 agenda.  The group will meet at 7 a.m. in the district office at Donegal Springs Elementary.

The board intends to continue discussion regarding the lease agreement at the March 2 board meeting.

Enck, who appeared relieved with the continuation, thanked the board for its time and agreed to work with the district.

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